Actually the music case involved a copy that only came in a label marked promotional use. I am assuming this DVD came with promotional use warning on the actual DVD. The case you mention specifically involved a "label" not an actual "notice" on the DVD itself ( which of course would be be impractical with music). I am also unclear if the item in question is even released on video. Obviously I don't know the nature of the promotional use writing. In general it appears either throughout a DVD or "flashes" every few minutes which would make it unsuitable for library use ( which of course is the point). A number of studios carefully mark screeners and aggressively go after anyone who sells them, but in general that involves a very detailed "watermark" allowing the rights holder to track each copy.
On Wed, Apr 4, 2012 at 9:06 PM, Deg Farrelly <[email protected]> wrote: > 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. > -- 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.
