Hello, Just wanted to give an update on 9th Circuit Courts ruling on whether or not "promo" Cd/DVD etc. can be legally sold (using "first sale" doctrine). The 9th Circuit upheld the lower courts ruling yesterday in effect saying there is no infringement on copyright in regards to said "promotional" materials. Based on this ruling I think a library is on solid ground should they choose to add materials such as these (including donated radio promo CDs) to their collections.
http://www.eff.org/press/archives/2011/01/04-0 http://paidcontent.org/article/419-appeals-court-kills-universals-lawsuit-over-re-selling-promo-cds/ Myles Jaeschke Tulsa City County Library Media Collections ________________________________________ From: publib-boun...@webjunction.org [publib-boun...@webjunction.org] On Behalf Of Christy Shannon Smirl [csm...@tclib.org] Sent: Wednesday, December 29, 2010 11:46 AM To: pub...@webjunction.org Subject: Re: [Publib] promo copies of music/advance reading books Regarding the tangential question of whether the promo music case would affect library use of Advance Reading Copies: I think it's different. It's my impression that the content may change slightly (if only for proofreading) between the advance reading copy and the final published book. Cover art and other details may change as well. So it's a legal and a practical matter, bringing up a complicated cataloging issue as well. There are promo music CDs out there that have different/no cover art, or with only a sort of "draft" content. The ones I'm referring to in this scenario are identical Music CDs that are released to media before retail stores. Just clarifying, Christy Smirl Collection Development Supervisor Teton County Library Jackson, Wyoming 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.
