No simple answer without knowing how the item was acquired. In the past many libraries had a policy against accepting "screeners" however it is less so now. There was a major back and forth on the listserv about a year ago involving a festival that had donated hundreds and hundreds of screenersit had been sent over the years to a local university, including many films never legally distributed in the US. The law requires that only "legally acquired" material may be circulated, used in classes etc but that is more complicated than it looks. There is case law that videos and CDs sent out as press screeners or to local media could in fact be resold despite being marked something along the lines of screener not for resale but one key reason was the tapes were sent out unsolicited. When you send screeners do you ask for them back or ask that they be destroyed? If the library acquired the copy from someone who did in fact violate a clear understanding to return or destroy the copy then you could certainly ask them to remove it but otherwise it is murky at best. A library does not need permission to use something but they can't acquire something that specifically violated a clear agreement.
I urge distributors to make these things clear, just as they should make clear at the point of sale what rights an item comes with because absent a contract at least along the lines of "I have read and agree to these terms" type you get on the average web site, there is going to be trouble. Do you watermark your screeners? It is a good idea to do so. It may or may not protect you legally (a written understanding is always best) but it make it pretty undesirable for a library collection. Regards Jessica On Wed, May 22, 2013 at 3:06 PM, nahum laufer <[email protected]>wrote: > Dear Collective Librarian knowledge of what is permitted or not, The > following is an exchange of mails, I have rubbed out the name of the > University library, > My query is: can a library accept a DVD without knowing if they have > permission to use it? > > Nahum Laufer > http://onedayafterpeace.com/index.php > http://docsforeducation.com/ > Sales > Docs for Education > Erez Laufer Films > Holland st 10 > Afulla 18371 > Israel > ---------------------------------------------------------------- > Dear Monica, > Thanks for your mail, no one has the right to give our films as a donation > to a library. It must be misunderstanding It must be a copy that I sent to > someone to preview only. > The Darien Dilemma contains Archive Stills and Footage for which we paid so > as we respect other peoples copyrights we expect that our copyrights will > be > respected. > Let us know If you want to purchase it for your library, > please give our catalogue a peek, > I recommend our new film "One Day after Peace" > http://onedayafterpeace.com/index.php > http://docsforeducation.com/ > > Cheers > Nahum Laufer > Sales > Docs for Education > Erez Laufer Films > Holland set 10 > Afulla 18371 > Israel > ============ > From: Monica sent: Thursday, May 02, 2013 3:32 PM > To: nahum laufer > Subject: RE: The Darien Dilemma DVD on Worldcat > > This DVD was a donation to the library. If it is of any comfort, Bowie > State University is a part of the "Educational Market." > Monica ....... > ----------------------------------- > From: nahum laufer [mailto:[email protected]] > Sent: Thursday, May 02, 2013 1:29 AM > To: Monica ........ > Subject: The Darien Dilemma DVD on Worldcat > > > Dear Monica ........ > Acquisitions > ........ University Library > In Worldcat search I found out that your library has a copy DVD of "The > Darien Dilemma". Media | D810.J4 D25 2008 > There must be some kind of misunderstanding > We are self distributing the film, to the "educational market". > I have no record of sending it to your library or of an invoice. > I'm curious to know how this DVD reached your Library. > > Cheers > Nahum Laufer > http://onedayafterpeace.com/index.php > http://docsforeducation.com/ > Sales > Docs for Education > Erez Laufer Films > Holland st 10 > Afulla 18371 > Israel > > > 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.
