One last thing. I have mentioned this before but for whatever it is worth there are a lot of filmmakers and distributors who sincerely believe there is something called "institutional video" and that schools and libraries must pay more than individuals. I actually have one I am dealing with myself and nothing I do including sending a copy of the copyright law will convince him otherwise, because he was told this by another sales rep and this case it is titles widely available through pretty much any standard wholesaler/ retailer.
However the flip side of this is distributors who see their films illegally digitized and streamed by major institutions, academics claiming they can use copies they taped of TV 20 years ago ( and have since transferred to video) and on campus groups ( often including academics) that do in fact show films and claim that because it is on a campus it is "educational" and they don't have to pay and institutions buying copies of "rare" films from China or traderbobs web site. I appreciate you guys so much as I know you try your best to keep things both legal and fair, but alas not everyone does. On Thu, May 5, 2011 at 2:43 PM, Deg Farrelly <[email protected]> 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: [email protected] > > > > -----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) [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.
