Slightly OT Sarah but years ago I produced a DVD series of silent films by women directors (I hope you all have a copy) and it was about the only Kino title that you could NOT buy retail or through a third party ( an experiment of sorts) Anyway I sold a copy to a state school in CA and they insisted before they would pay for it that I sign a statement affirming Kino was a "drug free environment" I refused on civil liberties grounds that it was absurd, what next I sign a statement affirming it was a rape and murder free environment? So I told them to return it if they could not pay. The librarian actually threatened to report me to state authorities ( as this was some rule of theirs) and get Kino cut off from sales to CA institutions but she did pay and I never signed the form.
On Thu, Dec 13, 2012 at 5:03 PM, Sarah E. McCleskey < [email protected]> wrote: > Barb I'm so glad you posted this. Last week I returned a DVD for a > refund after seeing the licensing terms. The vendor was really unhappy and > didn't want to give me a refund but thank goodness it worked out. Are > people just randomly making up their terms??? I think "yes." > > Sarah > > Sent from my iPad > > On Dec 13, 2012, at 4:43 PM, "Jessica Rosner" <[email protected]> > wrote: > > Not a lot of sales with those restrictions. > #2 and 3 are bizarre mishmosh of various uses. > > Also are they selling this title retail or through third party vendors to > individuals? As I posted many times they can restrict a sale by contract > but they can't do it after the fact or reduce rights otherwise acceptable > under 209 & 210 unless they make it explicit at point of sale and control > all sales. > > I assume you are taking a pass. > > On Thu, Dec 13, 2012 at 4:21 PM, Bergman, Barbara J < > [email protected]> wrote: > >> Yes, these are the exact words found on the website for a newly released >> DVD. After generously (sarcasm font) granting me classroom screening >> rights, they un-grant PPR in bullet 3, and forbid library lending in bullet >> 4. This is me beating head on desk before contacting them to talk about >> sections 109 & 110 and normal acceptable terms of sale. >> >> "1. The institutional price comes with the license to screen the film for >> audiences, unlike a home video fee which only includes the license to watch >> the film in your home. >> >> 2. Purchase effectively means lease for the life of the DVD. Price >> includes public performance rights for classroom, organizational, or >> library use by the acquiring institution for non-paying audiences only. >> >> 3. Any screenings that are open to the public or where admission is >> charged will result in additional rental fees. Please specify on the order >> form if this applies. >> >> 4. DVD must not leave custody of the licensor, no lending out (from >> library location or otherwise), absolutely no copying. >> >> 5. Proof of institute status required." >> >> >> Barb Bergman | Media Services & Interlibrary Loan Librarian | Minnesota >> State University, Mankato | (507) 389-5945 | [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. >> > > 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. > > > 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. > >
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.
