I don't think I was clear in my use of the word aftermarket. It's NOT the 
original film distributor selling copies through amazon, and it's not Amazon 
selling. It's 'used' dealers selling through amazon. I didn't check in this 
specific case, but just like with 'used' dealers of books selling through 
amazon's aftermarket site, sometimes the copies are listed as brand new, 
factory sealed. So that's my question. Or are you saying that if anyone is 
selling a DVD through amazon as an aftermarket dealer, they must have gotten 
the original distributor's permission?

Susan

________________________________________
From: [email protected] [[email protected]] 
on behalf of Jessica Rosner [[email protected]]
Sent: Thursday, May 05, 2011 4:01 PM
To: [email protected]
Subject: Re: [Videolib] Challenge to using a home video instead of 
institutionally licensed video

Susan
The seller can either control it completely in which case there is no 
aftermarket or they choose to allow secondary sellers in which case they not 
maintain the tiered pricing. Most of the folks I work with are currently only 
selling to institutions. The soonest they would even think of a retail version 
is 18 monthts to two years and even them no certainty. Basically they simply 
can't afford to sell the home market though there would be some interest in 
their films. Selling 200 copies and getting back $15-$20 per copy would never 
cover the expenses and they made some really good films. Films where the 
majority of audience/use is academic are best sticking to institutional only 
sales.

On Thu, May 5, 2011 at 3:46 PM, Susan Albrecht 
<[email protected]<mailto:[email protected]>> wrote:
Jessica said:
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.


Susan:
I think this is sometimes true.  A few months ago, I had a similar experience 
with someone pretty new to the film distribution world.  I ordered a copy of a 
DVD the very first moment I could get my hands on it, and at that time, what 
was available was a $30 home-use DVD.  I didn’t really need PPR and so I didn’t 
worry about it, just bought it.  A few MONTHS later, I received an email from 
someone at the company, which contained an invoice for the “institutional” 
price, along with commentary similar to what a number of you received in this 
case.

I ended up having a bit of an email exchange and then a very nice phone 
conversation with the woman, followed by more emails, in which I explained why 
I didn’t think she really had a leg to stand on and in which we discussed 
tiered pricing, PPR, secondary sellers such as Amazon & Midwest Tape, etc.  I 
had fallen in love with the film [Pelada, btw] and had decided I was willing to 
pay the difference between the home use and the institutional simply because I 
supported what these young folks were doing with their project, but I also 
‘warned’ her that she had better be prepared for others she was contacting to 
NOT be as friendly NOR as willing to pay the cost difference.  She had really 
not been very informed about this stuff and was quite happy to discuss it.  I 
honestly don’t know how much trouble she eventually ran into with others.

Now, to throw in another wrinkle.  When I bought, it was available only from 
the filmmakers (who really should’ve had home use & institutional sales 
prepared to go simultaneously).  To my knowledge, the home use was never 
available through any secondary source.  So let’s say they had done it right 
and, from the beginning, had had tiered pricing and were the exclusive 
distributor.  What happens once *aftermarket* sellers begin offering up copies 
through a site like Amazon?  It isn’t Amazon directly selling it.  Anyone care 
to take that one on in terms of institutional obligations??

Susan


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]<mailto:[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.

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