Technically, no one really "owns" a purchased copy of a piece of media, ever. You acquire the piece with certain rights and/or stipulations (right to screen or view it in certain contexts, etc. etc.) Most purchase transactions are implicitly or explicitly contractual and for the life of the physical piece being purchased. (Streamed media is a whole different kettle of fish, and most digital licenses reflect this fact).
Unless the purchase contract for a film, tape, or DVD specifically states otherwise, the First Sale Doctrine allows a purchaser to resell, rent, loan, or otherwise transfer the physical piece to another individual or group for the life of the physical piece. Gary Handman > This is interesting because I've seen a few items in our collection that, > rather than being purchased outright, were listed as "lease for life." > It's just like a purchase in that we paid for it once and we can keep it > forever, but now I wonder if that kind of transaction changes what we can > do with it. That is, if we don't own it do some aspects of copyright law > not apply? > > Cheers, > > Matt > > ________________________________________ > > Matt Ball > Media and Collections Librarian > University of Virginia > Charlottesville, VA 22904 > mattb...@virginia.edu | 434-924-3812 > > -----Original Message----- > From: videolib-boun...@lists.berkeley.edu > [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of > ghand...@library.berkeley.edu > Sent: Tuesday, September 21, 2010 5:06 PM > To: videolib@lists.berkeley.edu > Subject: Re: [Videolib] Academic Libraries Add Netflix Subscriptions > > First Sale has to do with commercial property transfer exclusively, I > think. In other words, it has to do with the rights of legal buyers. The > NetFlix transaction is a rental--a temporary "lease"?--and is, I would > imagine, a different can o' worms. But then again, I'm in no way > positive. > > gary > > >> One thing that comes to mind for me that hasn't come up in any of this >> discussion (which makes me wonder if I'm off base) is the issue of the >> first sale doctrine, which is what allows libraries to lend all that we >> lend. Borrowing dvds from Netflix would not confer this right, correct? >> Thereby making it rather clearly illegal. >> >> Am I thinking up the wrong tree (to butcher a metaphor)? >> >> Tom >> >> _____________________________ >> Tom Ipri, MS >> Head, Media and Computer Services >> Lied Library >> University of Nevada, Las Vegas >> 4505 S. Maryland Pkwy >> Box 457035 >> Las Vegas, NV 89154-7035 >> 702-895-2183 >> tom.i...@unlv.edu >> >> >> >> From: "Mark Gooch" <mgo...@wooster.edu> >> To: <videolib@lists.berkeley.edu> >> Date: 09/21/2010 01:15 PM >> Subject: [Videolib] Academic Libraries Add Netflix Subscriptions >> Sent by: videolib-boun...@lists.berkeley.edu >> >> >> >> Here's an interesting article from the Chronicle of Higher Education: >> "Academic Libraries Add Netflix Subscriptions" http://bit.ly/9n7g6n >> >> Mark D. Gooch >> Technology & Government Information Librarian >> The College of Wooster Libraries >> 1140 Beall Avenue >> Wooster, Ohio 44691 >> Phone: 330/263-2522 >> FAX: 330/263-2253 >> mgo...@wooster.edu >> AIM: mgooch90 >> Yahoo! IM: mgooch1 >> >> 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. >> > > > Gary Handman > Director > Media Resources Center > Moffitt Library > UC Berkeley > > 510-643-8566 > ghand...@library.berkeley.edu > http://www.lib.berkeley.edu/MRC > > "I have always preferred the reflection of life to life itself." > --Francois Truffaut > > > 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. > Gary Handman Director Media Resources Center Moffitt Library UC Berkeley 510-643-8566 ghand...@library.berkeley.edu http://www.lib.berkeley.edu/MRC "I have always preferred the reflection of life to life itself." --Francois Truffaut 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.
