You can't have your cake and eat it too. If you decide to sell a film retail on Amazon you can't insist on an institution paying a higher price for standard face to face use. You can do that if you are exclusive seller of the film and make it clear at the point of purchase like the standard ( I have read and agree to these conditions) you get so many places. That is contract law trumping copyright but again if you sell through other vendors it is virtually impossible to do that.
On Thu, May 5, 2011 at 2:43 PM, Deg Farrelly <deg.farre...@asu.edu> wrote: > Sharing with the Videolib list an email from a video distributor, and my > internal response to the Collection Development office for use in replying > to the original message. (Snipped to remove some elements that are > institutionally specific) > > > <snip> > > That said, the author of this email is incorrect in his assertion. > > I assume, as we often do, this title was purchased through Amazon.com, > where it is currently listed as being in stock and sold for $13.50 > > If so, our copy is a legally acquired copy, and governed by the rule of > first sale, which allows a library to loan or otherwise use a copy. > > Additionally, US Copyright law specifically exempts us from needing public > performance rights to use a legally acquired video in classes. > > See: http://www.copyright.gov/title17/92chap1.html#110 > > When a video is sold through other markets, the distributor cannot place a > requirement on us to acquire PPR, or pay the higher price. Were the > distributor the sole distributor, they could refuse to sell us the home > video copy and insist that we pay $250. But as we (I assume) purchased > through Amazon, they cannot make that claim. > > -deg > > -- > deg farrelly, Full Librarian > Mail Code 1006 > Arizona State University > P.O. Box 871006 > Tempe, AZ 85287 > Phone: 480.965.1403 > Email: deg.farre...@asu.edu > > > > -----Original Message----- > > > Sent: Thursday, May 05, 2011 11:16 AM > > > > > I am writing on behalf of Roy Germano Films LLC, the copyright holder of > a > > film you carry in your library called THE OTHER SIDE OF IMMIGRATION. > > According to our records, the DVD copy of THE OTHER SIDE OF IMMIGRATION > that > > you have on your shelves is licensed for home use only (retail price: > $20). > > To carry this film in your library, you must purchase a DVD that has been > > licensed for use in college/university libraries (retail price: $250). > > > > DVDs licensed for college/university use are sold exclusively on our > website > > -- > > http://www.TheOtherSideOfImmigration.com > > > > On our website, you will notice a link on the upper-righthand side of the > > website to purchase "DVDs Licensed for Colleges/Universities". Please > click > > that link to enter our secure online store and make your purchase. > > > > We hope you will attend to this matter as soon as possible. Please feel > free > > to contact me at this address if you should have any questions, believe > our > > records are incorrect, or would like to arrange to make your purchase > with > > our distributor by phone or email. > > > > Sincerely, > > Roy Germano, Ph.D. > > Founder/CEO, Roy Germano Films LLC > > > 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) jessicapros...@gmail.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.