This is a warning that I have had to share with well-meaning customers who work hard to select quality programs and want what's best for their institutions but unfortunately may be scammed by a self-serving sales people who may place his or her own selfish self-interest above the interests of the customers they are serving, wrongfully telling them, to secure a sale, that the programs they have licensed may be either duplicated, broadcast or streamed in Perpetuity (forever, Lifetime Rights.)
The most often used sales' pitch that those well-intentioned customers want to believe is that ordering programs with Perpetuity Rights will eliminate their need for ever having to worry about record-keeping for those titles again. The first, and understandable, reaction when these good people learn that they may have scammed is a negative one. Unfortunately, for me and my company with some of those customers, they have blamed me for being the messenger of the truth, instead of being upset with the salesperson/people who scammed them. Fortunately, for me and my company with most of those customers, once they discover that they can fix the problem, they do so immediately, and return to business as usual, this time wiser about what the truth about Perpetuity Rights really is. I have read emails on this List where some readers may get the wrong idea about Perpetuity Rights; so I feel it is important, for customers and vendors alike, who want to be clear about Perpetuity Rights, to forward my warning, to avoid potential legal problems. Only the owner of a program has the legal right to allow/grant/license Perpetuity Rights for his or her program. Owners of programs often contract with vendors to allow them to grant/license rights for his or her program to customers; however, the vast majority of program owners license their programs for a period of time, not in Perpetuity, not forever. Contracts with vendors for programs almost always have an expiration date. These rules apply under contract law and contract law trumps copyright law. Customers who have ordered programs with Perpetuity Rights have the right to request that license in writing from the vendor that sold them those programs. That license, from the actual vendor, not from the sales representative of the vendor, should indicate that you received Streaming Licensing for those programs in Perpetuity. The license may be a letter or an invoice that stipulates the rights. That license in writing is your institution's written protection against possible litigation. If you acquired programs with Lifetime Streaming Rights (rights in perpetuity, and if you do not have some form of written document from the actual vendor that licensed the programs from the original owner(s), indicating that they sold you rights in Perpetuity, then your institution may be at risk of litigation, especially if any producer discovers that his or her program has been sold in violation of the terms of his or her contract with that vendor. That letter or invoice in writing from the vendor, indicating you purchased the programs with a Perpetuity license, protects you and your institution from any producer's claim that he or she did not receive proper compensation for the lifetime use of his or her program; that written document shifts the liability from you to the vendor. If a vendor has a contract with the owner of a program to license Perpetuity Rights, that vendor should have no problem providing you with that license in writing, to secure the sale. If the vendor does not want to issue you either a letter or invoice in writing, confirming that the programs you purchased include a license in perpetuity, then you have two choices: 1) to cancel the sale for the program and have the vendor take the program back or 2) to take your chances that the actual owner of the program never finds out and keep using the program. I strongly encourage customers not to choose the latter. Producers are famous for wanting to know who is using their programs, as well as wondering, are they being properly compensated for that use? No one wants to risk possible litigation with a producer who may have been improperly represented. For customers who feel it is difficult to keep track of licenses, that does not have to be a burden for you. Vendors can notify you when a license is about to expire; my company has done that for 25 years and never once experienced a problem. Each invoice we issue is a written contract with each customer, clarifying the license he or she purchased. And if there is an expiration date for a license, that date is clearly indicated as well, and we accept the responsibility to notify the customers when the license may expire. This is a simple step to protect yourself and your institution and I hope this warning is accepted in the good faith in which it has been presented. Sincerely, Chip TaylorChip Taylor Communications 2 Eastview Drive Derry, NH 030038 P: 603.434.9262 F: 603.432.2723 www.chiptaylor.com
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.
