I actually don't have a problem with purchasing an institutional copy.
Had they listed the information they sent me in the e-mail on the Amazon
site, I likely would have gone to their site and purchased an
institutional copy there. However, to tell me this after the item has
shipped causes quite a bit of inconvenience on my part to return it via
Amazon and purchase it again through their site and delay getting it to
the person who requested it.
Thanks for confirming what I believed to be the case.
Thanks
Mark
On 9/15/16 1:59 PM, Susan Albrecht wrote:
To me, that is perfect, Dennis. It’s clearly spelled out and it
doesn’t deny rights libraries and educators have by US law/court case.
As I mentioned to a couple of folks off-list, I understand the draw to
distribute through Amazon because its reach is so wide and the films
are probably much more discoverable. But yeah, the tradeoff is the
loss of control over pricing to institutional customers.
It *is* sometimes an awkward situation. There are companies like
yours and First Run Features, which never seem to mind selling at home
use prices because you understand usage needs vary, and that if we
don’t need a public performance license or broadcast rights, we prefer
not to pay for them. But there are other companies which clearly do
not like for college and university purchasers to go with home use. I
do defend my right to do so while simultaneously feeling guilty about
it. But our budget is stinking small, and I have to maximize those
dollars the best I can.
(Shameless plug: This is one of the many reasons I love National
Media Market! It allows me to preview films so I can ensure I’m
purchasing just what I need and the highest quality content. Plus,
discounts. J)
Susan
*From:*[email protected]
[mailto:[email protected]] *On Behalf Of *Dennis Doros
*Sent:* Thursday, September 15, 2016 1:41 PM
*To:* Video Library questions <[email protected]>
*Subject:* Re: [Videolib] License Restriction?
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
<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]
<mailto:[email protected]>
www.milestone.film <http://www.milestone.film>
JOIN OUR MAILING LIST TODAY!
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On Thu, Sep 15, 2016 at 12:37 PM, Susan Albrecht <[email protected]
<mailto:[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 <tel:765-361-6216> (acquisitions) / 765-361-6297
<tel:765-361-6297> (fellowships)
765-361-6295 <tel:765-361-6295> fax
[email protected] <mailto:[email protected]>
Twitter: @Wab_Fellowships
www.facebook.com/wabashcollegelibrary.films
<http://www.facebook.com/wabashcollegelibrary.films>
*******************************************************************
"If you choose not to decide, you still have made a choice."
--Neil Peart
*******************************************************************
*From:*[email protected]
<mailto:[email protected]>
[mailto:[email protected]
<mailto:[email protected]>] *On Behalf Of
*Re:Voir video
*Sent:* Thursday, September 15, 2016 12:24 PM
*To:* [email protected] <mailto:[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.
--
Mark Gooch
Collection Management & Discovery Services Librarian
The College of Wooster Libraries
1140 Beall Avenue
Wooster, Ohio 44691
Phone: 330/263-2522
FAX: 330/263-2253
[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.
