In that case it really was a contract. I understand the temptation to try to get it cheaper since you don't need PPR, but it really is a contractual not a copyright issue. Also it is not really PPR of course, just that the vendor has multi-tiered pricing based on use, which if they make it clear up front is perfectly legal. If this is really intended as a one time use, you might try contacting them directly. I strongly suspect you could work out a middle ground for a one time rental for say $100.
On Mon, Jan 3, 2011 at 11:51 AM, Chris McNevins <[email protected]>wrote: > Terms were stated up front as you indicated but I knew that this was the > type of title we would never show other than face to face teaching. I was > told by the individual who requested it that it was not worth it to get PPR > for only one screening. > > ------------------------------ > *From:* [email protected] [mailto: > [email protected]] *On Behalf Of *Jessica Rosner > *Sent:* Monday, January 03, 2011 10:20 AM > *To:* [email protected] > *Subject:* Re: [Videolib] Here we go again... > > might one ask how it appeared on the site you used? Was it the vendors own > site or a 3rd party site? To me the key is if this was or should have been > clear at the time of purchase? > Personally I think this is just sloppy on the part of the seller. I > understand that filmmakers and distributors of films with fairly limited and > in many cases mostly academic audiences charge higher prices. I also > understand why they may want to let some individuals buy copies for > themselves. It is perfectly legal to have multi-tiered pricing, but it only > works if you control all sales directly and make the rules very clear at the > time of purchase. They really need to have the kind of > " I agree to these terms" section common on many sites. I think most > established educational distributors make the terms pretty clear, but there > is a lot of misinformation these days because of more fragmented selling. > For what it worth, there are a lot of filmmakers out there who sincerely > believe there is actually > some kind of copyright law that requires institutions to buy different > rights. Then again there are a lot of institutions which believe they can > stream entire films > without violating copyright so it may balance out. > > Wish I could be more definitive, but I think it depends on what information > was available at time of sale. > > > > On Mon, Jan 3, 2011 at 9:41 AM, Chris McNevins > <[email protected]>wrote: > >> Happy New Year all! >> >> I recent purchased a "home" movie from a vendor via paypal knowing that we >> would likely not ever need PPR rights. I received a confirmation of payment >> which included this statement: >> >> "Your Personal Use DVD has been shipped. Please note, the DVD is for home >> use only. It is not an institutional version and cannot be part of the >> University of Connecticut Library, nor can it be used in any classroom >> setting, or in a public screening. You can purchase a copy of the film with >> the legal rights for institutional use by ordering it through our website >> for $300.00 plus $10 for shipping and handling." >> >> Should I attempt to fight this or pay for PPR--or just let sleeping dogs >> lie and not say/do anything? >> >> Chris McN >> __________________________________________________ >> *Chris McNevins* | ACQUISITIONS COORDINATOR >> UNIVERSITY OF CONNECTICUT | HOMER BABBIDGE LIBRARY >> 369 Fairfield Way Unit 2005AM | Storrs, CT 06269-2005 USA >> *PH*: 860-486-3842 |* FX*: 860-486-6493 |* EMAIL*: * >> [email protected]* <[email protected]> >> >> Your feet will bring you where your heart is -- Irish proverb >> >> In wine there is wisdom, in Scotch there is strength, in beer there is >> freedom, >> and in water there is bacteria -- Attributed to David Auerbach >> ***** _*__________________________________________________ >> >> >> VIDEOLIB is intended to encourage the broad and lively discussion of >> issues relating to the selection, evaluation, acquisition,bibliographic >> control, preservation, and use of current and evolving video formats in >> libraries and related institutions. It is hoped that the list will serve as >> an effective working tool for video librarians, as well as a channel of >> communication between libraries,educational institutions, and video >> producers and distributors. >> >> > > > -- > Jessica Rosner > Media Consultant > 224-545-3897 (cell) > 212-627-1785 (land line) > [email protected] > > > VIDEOLIB is intended to encourage the broad and lively discussion of issues > relating to the selection, evaluation, acquisition,bibliographic control, > preservation, and use of current and evolving video formats in libraries and > related institutions. It is hoped that the list will serve as an effective > working tool for video librarians, as well as a channel of communication > between libraries,educational institutions, and video producers and > distributors. > > -- Jessica Rosner Media Consultant 224-545-3897 (cell) 212-627-1785 (land line) [email protected]
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
