[Videolib] Not video, but issues just as relevant - Contract law

2011-06-27 Thread Deg Farrelly
The Kansas State Librarian argues that its consortium owns, rather than 
licenses, content from OverDrive, as they seek to move to a new platform rather 
than renew with OverDrive.

Details are in the Library Journal Academic Newswire here:

http://www.libraryjournal.com/lj/newslettersnewsletterbucketacademicnewswire/891052-440/kansas__state_librarian_argues.html.csp


--
deg farrelly, Full Librarian
Mail Code 1006
Arizona State University
P.O. Box 871006
Tempe, AZ 85287
Phone:  480.965.1403
Email:  deg.farre...@asu.edu

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.


Re: [Videolib] Not video, but issues just as relevant - Contract law

2011-06-27 Thread Jessica Rosner
I don't know anything about Overdrive, but doesn't key section seem
contradictory? The first sentence says Overdrive will assist in transferring
material the library has purchased and the 2nd sentence says they have to
obtain permission from the rights holders. I think the interesting thing
will be the contract between Overdrive and various rights holders. My guess
is that it did not include the rights to sell material for continuous use (
few of these contracts do on films at least) and if that is the case the
library would at best end up suing Overdrive claiming they misrepresented
the rights but the again if contract between rights holders to Overdrive did
not include rights for continues use and platform transfer then they would
be correct in claiming Overdrive never had the right to sell it and the
contract is invalid.

It should be interesting.

On Mon, Jun 27, 2011 at 9:06 PM, Deg Farrelly deg.farre...@asu.edu wrote:

 The Kansas State Librarian argues that its consortium owns, rather than
 licenses, content from OverDrive, as they seek to move to a new platform
 rather than renew with OverDrive.

 Details are in the Library Journal Academic Newswire here:


 http://www.libraryjournal.com/lj/newslettersnewsletterbucketacademicnewswire/891052-440/kansas__state_librarian_argues.html.csp


 --
 deg farrelly, Full Librarian
 Mail Code 1006
 Arizona State University
 P.O. Box 871006
 Tempe, AZ 85287
 Phone:  480.965.1403
 Email:  deg.farre...@asu.edu

 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.




-- 
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com
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.