Hi,
Per this case last year:
http://paidcontent.org/2011/01/05/419-appeals-court-kills-universals-lawsuit-over-re-selling-promo-cds/
. . . Items marked "promo" does not necessarily mean they are restricted.
Depending upon the circumstances in which it was first obtained (was it
requested or was it handed out at a convention with or without any written
agreement before it changed hands?) the item may likely be entirely legitimate
under First Sale.
It sounds like this is intended for a home or some specific promo use ("Not for
broadcast") rather than a screener (which would probably have "Screener" or "Do
not sell or lend" language). If the item was legitimately acquired and if the
library you are in is simply lending and not "broadcast" or performing the work
in public, this wording should not limit its ability to circulate.
- -
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]
From: Jessica Rosner <[email protected]<mailto:[email protected]>>
Reply-To: <[email protected]<mailto:[email protected]>>
Date: Wed, 4 Apr 2012 20:22:40 -0400
To: <[email protected]<mailto:[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.
On Wed, Apr 4, 2012 at 6:29 PM, Jane Blume
<[email protected]<mailto:[email protected]>> wrote:
Depression: Out of the Shadows
One of our nursing instructors gave us this PBS DVD to add to collection. On
the front of the DVD it states: For Promotional Use Only * Not for Broadcast.
Our cataloger mentioned she had not seen this on a DVD before. I’ve watched it
and looked on the website and cannot find any other words of
caution/wisdom/insight. It is 2 hours long, not a promotional type of length.
I am assuming the “Not for Broadcast” means no PPR. Is this correct? We are a
little stymied by the “For Promotional Use Only”.
Do we need to ask the instructor how she obtained it?
Is it OK to add to our circulating collection?
Thank you all for your collective wisdom in advance.
Jane
Jane Blume
Director, Library and Media Services
Bellingham Technical College
3028 Lindbergh Ave.
Bellingham, WA 98225
360-752-8472<tel:360-752-8472> - phone
360-752-7272<tel:360-752-7272> - fax
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.
--
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.
