Hi Andy, Good points. If this is, in fact, the OverDrive Roku service that I’ve seen references to then I have to believe that OverDrive must have made the same legal arrangements that they have for the other services that they offer to libraries. I can’t imagine that either libraries or Roku would have been the originators behind this.
Best, Randy Randy Pitman Publisher/Editor Video Librarian 3435 NE Nine Boulder Dr. Poulsbo, WA 98370 Tel: (360) 626-1259 Fax (360) 626-1260 E-mail: [email protected] Web: www.videolibrarian.com From: Andrew Horbal Sent: Wednesday, July 01, 2015 3:45 PM To: [email protected] Subject: Re: [Videolib] Roku circulation Hi Maxwell, First sale only applies to *sales* of films, which is less obvious a statement than it seems, since Vudu’s terms of service state the following: “In order to access and use the VUDU Service, you must open an account online […] When you purchase Content, you will be granted a non-exclusive, non-transferable limited license to access, use in accordance with any additional terms that may be provided with your VUDU compatible device, and view the Content as often as you like subject to the applicable restrictions described below.” So everyone has to open their own account to use Vudu, and purchasing content doesn’t actually appear to convey ownership of it, which would mean that first sale is out as a consideration. Furthermore, the license to access content from Vudu that users purchase is non-transferable, which seems to me (disclaimer: this is only an opinion which should not be construed as legal advice) to mean that a library can’t either purchase material from Vudu and lend it to its users, or let users purchase material and bill it to a library account, unless, of course, they’ve obtained permission from Vudu. To respond to Randy’s comment below, I would be concerned that even if Vudu is okay with this, the people who are providing content to them might not be, and thus would not assume that just because I haven’t been told to cease and desist yet doesn’t mean I won’t be in the future. Andy Horbal Head of Learning Commons 1101 McKeldin Library University of Maryland College Park, MD 20742 (301) 405-9227 [email protected] From: [email protected] [mailto:[email protected]] On Behalf Of Randy Pitman Sent: Wednesday, July 01, 2015 5:34 PM To: [email protected] Subject: Re: [Videolib] Roku circulation Hi Maxwell, Several libraries are doing this, and I can’t imagine this approach spontaneously springing up in different places. I’m guessing Roku is ok with this (and that OverDrive might be involved). And that’s about as much vague and possibly misinformed information that I know : ) Best, Randy Randy Pitman Publisher/Editor Video Librarian 3435 NE Nine Boulder Dr. Poulsbo, WA 98370 Tel: (360) 626-1259 Fax (360) 626-1260 E-mail: [email protected] Web: www.videolibrarian.com From: Maxwell Wolkin Sent: Wednesday, July 01, 2015 1:29 PM To: [email protected] Subject: [Videolib] Roku circulation Hi all, I noticed an article in a nearby public library's monthly newspaper (I won't mention which one) with the headline "Roku: A new way to borrow movies." The idea is to circulate Roku sticks that have access to a Vudu account (transactional digital video service similar to purchasing a movie from iTunes) maintained by the library. I'm sure the Vudu service allows for personal use only, but is this allowable under some sort of right-of-first-sale? Curious to hear your thoughts! Best, Maxwell Maxwell Wolkin Director of Non-Theatrical Sales FILM MOVEMENT 109 West 27th Street Suite 9B New York, NY 10001 P: 212.941.7744 x211 Direct: 212.941.7647 -------------------------------------------------------------------------------- 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.
