Jessica makes an important point. Since the provenance of the copy (even if it's new and sealed) is unknown when you sell from a Marketplace seller on Amazon (did they get it from the distributor or from the back of a truck that crashed in their neighborhood?) you can't be sure it's a "legally acquired" copy and that therefore first-sale or other agreement applies.
We are very restrictive of use when we are forced to acquire an out-of-print title from a MP seller for an instructor and presume no agreement has been passed on. - - Roger Brown Manager UCLA Instructional Media Collections & Services 46 Powell Library Los Angeles, CA 90095-1517 office: 310-206-1248 fax: 310-206-5392 rbr...@oid.ucla.edu > > >------------------------------ > >Message: 4 >Date: Thu, 5 May 2011 18:03:04 -0400 >From: Jessica Rosner <jessicapros...@gmail.com> >Subject: Re: [Videolib] Challenge to using a home video instead of > institutionally licensed video >To: videolib@lists.berkeley.edu >Message-ID: <BANLkTinF14w0bgRY9XBbhM1t_=nd06i...@mail.gmail.com> >Content-Type: text/plain; charset="windows-1252" > >OK I am totally confused. Did the original seller/owner sell home use >copies >and was this one supposedly "used". The question would be >if the seller had literally signed off ( as in the proverbial I agree to >these terms) when they bought it, in that case the original company could >take action against them and have some reasonable claim that it was not a >legal copy, though few places do that. > >The mystery is where did the copy come from and under what terms. > >On Thu, May 5, 2011 at 5:56 PM, Susan Albrecht <albre...@wabash.edu> >wrote: > >> 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 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.
