Yeah...this is true, but we're really talking mostly here about cases in which a legit vendor is selling via amazon marketplace: i.e., cases in which fulfillment is by the distributor rather than amazon. Those are the cases in which the tiered pricing stuff usually occurs.
Gary > 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 > [email protected] > >> >> >>------------------------------ >> >>Message: 4 >>Date: Thu, 5 May 2011 18:03:04 -0400 >>From: Jessica Rosner <[email protected]> >>Subject: Re: [Videolib] Challenge to using a home video instead of >> institutionally licensed video >>To: [email protected] >>Message-ID: <[email protected]> >>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 <[email protected]> >>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. > Gary Handman Director Media Resources Center Moffitt Library UC Berkeley 510-643-8566 [email protected] http://www.lib.berkeley.edu/MRC "I have always preferred the reflection of life to life itself." --Francois Truffaut 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.
