Oh dear don't get me started. I could go on forever and it might ruin Deg's view that I want to squeeze poor libraries. I assume you only want the video for circulation and use in the actual class ( as opposed to streaming, public viewing oh and making a copy for a "researcher"). There is no such thing legally as "EDUCATIONAL USE". Any legal ( not pirate , not taped off air last year etc) can be used in a class under the "face to face" exemption and anything can circulate under standard right of first sale. Now companies can restrict use by contract but in order for that to work they can't sell through third parties and they have to make the terms clear at the point of sale ( more or less along the lines of " I have read and agree to these conditions " type statement on a variety of sites. As a practical matter you can't really have your cake and eat it too so if a distributor decides to sell retail through third parties they can't control any legal use.
I would politely respond that while you sympathize with the situation you bought a legal copy and are legally entitled to own it , circulate it and use it in a class. The sad thing here is that I can practically guarantee the director BELIEVES there is some legal prohibition against "home use " copies being bought by libraries. I have spent a LONG time explaining this to one distributor I work with who has been told by an educational sales person that schools must pay more and this is for a collection of titles available from every standard wholesale outlet. I recently showed them one of their films was in the collection of 140 US libraries and did they think that all of these were illegal? I suggested they start selling their titles directly to libraries who do not not need additional rights at retail prices ( they do sell them with streaming and PPR rights) I think the Worldcat listing may have done the trick and they will now do this but again for whatever reason people sincerely believe in some concept of needing special educational rights. Honestly I consider it the flip side of institutions that think they have a special right to copy and stream feature films for "educational use" . They are equally wrong. On Fri, Feb 15, 2013 at 2:03 PM, Mary Hanlin <[email protected]> wrote: > Hi All, > > I've been schooled, so I understand the fallacy in the emailer's > argument/request. My question, particularly those who don't have ready > access to institutional counsel, is.... how do you handle emails like > these? Do you even respond? > > Dear Ms. X, > > We recently noticed that you have a copy of My Perestroika in your > library's collection. We are thrilled! This critically acclaimed > documentary enables students to better understand Soviet and Post-Soviet > life by following the lives of 5 Russians who were part of the last > generation to live under the Iron Curtain. My Perestroika, which recently > received a 2012 Peabody Award, is useful in a wide-variety of disciplines, > including History, Anthropology, Political Science, and Sociology. At the > bottom of this email, I have included just a few examples of what > professors have said about the film (for more examples, please visit our > website). > > According to our records, it seems that your library may have > inadvertently purchased the copy of My Perestroika distributed by New > Video/Docurama. Unfortunately, this version is for home use only. The only > version of My Perestroika that is legally licensed for educational use is > distributed by New Day Films. In order, for independent films such as My > Perestroika to exist for use in teaching, and so they can continue to be > made in the future by non-profit filmmakers such as Ms. Hessman, it is > critical that institutions purchase the appropriate version. > > We realize that the cost of the educationally licensed dvd may not fit > within your college's budget. The price was determined by the cost of > making the film which, unfortunately, was very high (over 800k) > particularly since Soviet archival and music rights were very expensive. We > have discussed the price issue with our distributor and we are willing to > offer you a one-time discount to purchase the educationally licensed dvd at > the extremely reduced price of $150. You can purchase the film for at this > special price by clicking here ( > http://www.newday.com/films/myperestroika.html). On the online ordering > form, just select the button for the K-12 schools ($150 option). As you > continue through the purchasing process, there will be a place for Special > Instructions/Comments. In that box, please write "approved purchase at high > school rate." We also ask that you also please remove the Home Video DVD > (New Video / Docurama) version from your library catalogue immediately. > > Thank you in advance for your assistance, and please let me know if you > have any questions or concerns. > > > Mary Hanlin > Media Collection Development Librarian > and Adjunct English Instructor > Tidewater Community College, Portsmouth > 120 Campus Drive, > Portsmouth, Virginia 23701 > P: 757-822-2133 > F: 757-822-2149 > [email protected] > > > > > > Dear Ms. X, > > We recently noticed that you have a copy of My Perestroika in your > library's collection. We are thrilled! This critically acclaimed > documentary enables students to better understand Soviet and Post-Soviet > life by following the lives of 5 Russians who were part of the last > generation to live under the Iron Curtain. My Perestroika, which recently > received a 2012 Peabody Award, is useful in a wide-variety of disciplines, > including History, Anthropology, Political Science, and Sociology. At the > bottom of this email, I have included just a few examples of what > professors have said about the film (for more examples, please visit our > website). > > According to our records, it seems that your library may have > inadvertently purchased the copy of My Perestroika distributed by New > Video/Docurama. Unfortunately, this version is for home use only. The only > version of My Perestroika that is legally licensed for educational use is > distributed by New Day Films. In order, for independent films such as My > Perestroika to exist for use in teaching, and so they can continue to be > made in the future by non-profit filmmakers such as Ms. Hessman, it is > critical that institutions purchase the appropriate version. > > We realize that the cost of the educationally licensed dvd may not fit > within your college's budget. The price was determined by the cost of > making the film which, unfortunately, was very high (over 800k) > particularly since Soviet archival and music rights were very expensive. We > have discussed the price issue with our distributor and we are willing to > offer you a one-time discount to purchase the educationally licensed dvd at > the extremely reduced price of $150. You can purchase the film for at this > special price by clicking here ( > http://www.newday.com/films/myperestroika.html). On the online ordering > form, just select the button for the K-12 schools ($150 option). As you > continue through the purchasing process, there will be a place for Special > Instructions/Comments. In that box, please write "approved purchase at high > school rate." We also ask that you also please remove the Home Video DVD > (New Video / Docurama) version from your library catalogue immediately. > > Thank you in advance for your assistance, and please let me know if you > have any questions or concerns. > > Sincerely, > > Lisa Yountchi > Educational Outreach Coordinator > My Perestroika > > -----Original Message----- > From: [email protected] [mailto: > [email protected]] On Behalf Of Deg Farrelly > Sent: Thursday, February 14, 2013 1:57 PM > To: [email protected] > Subject: [Videolib] What is permitting loan? (Was: Brief Summary on the > Copyright Exceptions) > > Read the Work Group report and recommendations. > > Formerly distributed: > http://www.section108.gov/docs/Sec108StudyGroupReport.pdf > > > (page 15) > > > > > > > > > 5. > The prohibition on off-site lending of > digital replacement copies should be modified so that if the library¹s or > archives¹ original copy of a work is in a physical digital medium that can > lawfully be lent off-site, then it may also lend for off-site use any > replacement copy reproduced in the same or equivalent physical digital > medium, with technological protection mea- sures equivalent to those > applied to the original (if any). > > > > deg farrelly, Media Librarian > Arizona State University Libraries > Hayden Library C1H1 > P.O. Box 871006 > Tempe, Arizona 85287-1006 > Phone: 602.332.3103 > > > > > > > > > On 2/14/13 7:39 AM, "[email protected]" > <[email protected]> wrote: > > >------------------------------ > > > >From: Jessica Rosner <[email protected]> > >Subject: Re: [Videolib] Brief Summary on the Copyright Exceptions for > > Libraries in the Digital Age: Section 108 Reform > > > > > >Um can you explain what "permitting loan of a copy of something that > >was originally purchased to be loaned". That sounds like it covers any > >item in a library so you should be able to make a copy anything in the > >collection ( book, DVD, magazine) and loan the copy instead of the > >original? I am kind of lost on that one. > > > 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. > > CONFIDENTIALITY NOTICE: This email message, including any attachments, is > for the sole use of the intended recipient(s) and may contain confidential > and privileged information or otherwise be protected by law. Any access, > use, disclosure or distribution of this email message by anyone other than > the intended recipient(s) is unauthorized and prohibited. If you are not an > intended recipient (or an agent acting on an intended recipient's behalf), > please contact the sender by reply email and immediately destroy all copies > of the original message. Virus scanning is recommended on all email > attachments. > > 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.
