Not if the home use was a clear condition of sale. Basically the buyer is entering into a contract that the item will only be used for home use. This supersedes both first sale and face to face because it is part of contract. It is essential that this be clear at the point of sale, but it is a binding contract.
On Mon, Jan 3, 2011 at 4:57 PM, Bob Norris <[email protected]> wrote: > Wouldn't it be legal for a professor to purchase a DVD with home video > rights, even though institutional pricing is listed too, and then sell the > DVD to the university under the first-sale-doctrine? The DVD retains the > original home video rights granted but the professor could use the DVD in > the classroom under the face-to-face exemption assuming it was a nonprofit > university and content directly relates to what is being taught. Chris is > not looking for PPR anyway. > > This coming from a distributor that does not have tiered pricing. > Bob > > *Robert A. Norris* > Managing Director > Film Ideas, Inc. > 308 North Wolf Road > Wheeling, IL 60090 > Phone: (847) 419-0255 > Fax: (847) 419-8933 > Email: [email protected] > Web: www.filmideas.com > www.FIChannels.com > > Please print responsibly. > > *From: *[email protected] > *Date: *January 3, 2011 2:49:15 PM CST > *To: *[email protected] > *Subject: **Re: [Videolib] [Videonews] Here we go again...* > *Reply-To: *[email protected] > > > Well, Judy...it sucks, put it isn't illegal, as far as I'm aware. > > There continues to be a fair amount of confusion about the > PPR/institutional pricing gambit... Here's the deal: > > Some distributors charge higher prices to institutions (or others) because > they bundle items in their catalogs with PPR. In some cases, the same > titles may also be available without PPR on the home video market > (however, rarely are titles offered without PPR via the distributor's web > site). > > Some distributors charge higher prices to institutions because...well, > because they feel they can get the $$$ out of them. Some of these folks > confuse things by contending that PPR are required for ALL institutional > uses (including classroom use)--a false contention, of course. > > The bottom line is, vendors can charge whatever it wants, at whatever > price, to whomever they want, and under whichever conditions of use it > wishes: the transaction is commercial and contractual. Hell, they can > charge higher prices to hazel-eyed, red-haired users if they want... > > Now, that said: If a vendor chooses to put its wares into home video > distribution, they really have no say about who buys--particularly if the > fulfillment is by a third party such as amazon. We have had instances > here in which we've attempted to score home video stuff via amazon, only > to be informed that, as an institution, we have to pay more (in these > cases, fulfillment is via the vendor). Can't do much about it. > > gary handman > > > > 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.
