There is no wording in the US copyright law that supports the stance that these items cannot be added to a collection.
There * is * case law that supports the use of "promotional copies" In 2011 the 9th Circuit ruled in Universal Music Group v. Augusto that promotional copies in essence transfer ownership, and thus are covered by the First Sale Doctrine (section 109, Copyright Act). Thus the DVD is a gift, that can be transferred, and is a legally acquired copy. Electronic Frontier Foundation summarizes the case here: https://www.eff.org/cases/umg-v-augusto -deg deg farrelly ASU Libraries Arizona State University P.O. Box 871006 Tempe, Arizona 85287-1006 480.965.1403 ________________________________________ Date: Wed, 4 Apr 2012 20:22:40 -0400 From: Jessica Rosner <[email protected]> Subject: Re: [Videolib] For promotional use only * Not for Broadcast...? No "for promotional use only" means it was a screener send for review and is lot a "real" copy that can be used in a collection. I am not sure what you mean by "promotional length". Screeners sent for review/ promotion are almost always full length. 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.
