We sell a lot through Amazon and it's amazing how many schools prefer that
method because they either they can buy all in one place (most likely) or
they are afraid a company won't sell them at home rates if they buy
directly. (I suspect there's some of this.) As lovers of libraries, media
centers and education, we don't care where you buy from. (Though if someone
buys directly from us and the disc is scratched later or doesn't work, we
tend to replace it for free. Not so if they buy elsewhere because we never
know who the seller is.) What we have done when a college or institution
purchases from us at the home video price we add a note:

This purchase is for home use only. Classroom use in the US is permitted as
per US Copyright Law 110(1): registered class of a non-profit educational
institution; not open to anyone outside the class; single class
face-to-face with teacher present. Any other use including streaming or
public performance is not permitted unless Institutional Rights are
licensed from Milestone. No broadcast use is permitted under any
circumstance. For further institutional rights, please see our Terms of
Service on the Milestone website at http://milestonefilms.com/pages/ordering

We feel it's fair to have the buyer understand their rights while
protecting ours. Any thoughts on this?

Best regards,
Dennis Doros
Milestone Film & Video
PO Box 128 / Harrington Park, NJ 07640
Phone: 201-767-3117 / Fax: 201-767-3035 / Email: [email protected]
www.milestone.film


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On Thu, Sep 15, 2016 at 12:37 PM, Susan Albrecht <[email protected]>
wrote:

> I mean no disrespect, but I’m not sure this is actually a legitimate way
> of restricting usage.  There ARE companies who list tiered pricing –
> including a home use option – on their websites.  IF they are the exclusive
> distributor for the film, then the purchaser understands the options are
> restricted and s/he will need to decide whether to proceed with the
> purchase or not at the institutional price.  However, once a company elects
> to use a secondary source - such as Amazon, B&N or Midwest - to sell the
> home use version, however, then frankly there IS a home use edition out
> there that libraries can legitimately purchase.  Library purchases, when no
> prior legal restrictions are arranged, DO legally allow for circulation,
> and the face-to-face teaching exemption allows for instructors to screen
> the film to their classes.  That’s just the way it works.  So, if a company
> really doesn’t want libraries to purchase home use, then it seems to me the
> company must “force” the secondary company to state the usage restriction
> prior to sale OR the company needs to retain sole rights to distribute home
> use DVD so that it can specify a refusal to sell home use to an
> institutional purchaser.
>
>
>
> There are those on the list (hi, Anthony!) who always try to purchase an
> institutional edition, even when home use is available and a legal option,
> and I say more power to those folks who are committed to that and whose
> budgets allow for it.  For others of us who know that usage will be
> standard solo checkout or in-class use, and we see a home use copy
> available for purchase without restriction, we may well elect to go that
> route.
>
>
>
> Susan Albrecht
>
> Graduate Fellowship Advisor
>
> Library Media Acquisitions Manager
>
> Wabash College Lilly Library
>
> 765-361-6216 (acquisitions) / 765-361-6297 (fellowships)
>
> 765-361-6295 fax
>
> [email protected]
>
> Twitter:  @Wab_Fellowships
>
> www.facebook.com/wabashcollegelibrary.films
>
>
>
> *******************************************************************
>
> "If you choose not to decide, you still have made a choice." --Neil Peart
>
> *******************************************************************
>
>
>
> *From:* [email protected] [mailto:videolib-bounces@
> lists.berkeley.edu] *On Behalf Of *Re:Voir video
> *Sent:* Thursday, September 15, 2016 12:24 PM
> *To:* [email protected]
> *Subject:* Re: [Videolib] License Restriction?
>
>
>
> We sell our DVDs on our website and also through Amazon.
>
> On our website we give the option to buy institutional rights, but Amazon
> does not allow this.
>
> Therefore, when we receive a sales notification from Amazon for an address
> at a university we always inquire if this is for school use or home use,
> and we ask the institution to purchase the educational rights separately on
> our website.
>
> That's the best we can do since Amazon is no help in these situations. I
> would assume the publisher in question has agreed to all uses since your
> DVD came through with no further requests by the seller.
>
> -Pip Chodorov   http://re-voir.com
>
>
>
>
>
> At 12:10 -0400 15/09/16, Jessica Rosner wrote:
>
> We ordered a DVD via Amazon with the intention of using it for
> classroom/educational purposes only.  No lending off campus.  There were
> no license restrictions indicated on the Amazon site for the item.
> After it shipped I received an e-mail indicating it was for home use
> only, no educational, library use, etc.  When it arrived there is a
> sticker on the plastic wrap indicating this as well. What are people's
>
> opinions about these having the weight of licensing?
>
>
>
>
>
> 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.

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