Hey deg Here's what I wrote back to this guy (with a copy to UC legal counsel)...I'm pissed off!
Dear Film Distributor The title in question was bought from a valid home video distribution source and is perfectly legal under both contract and copyright law. Since we do not require public performance rights in our institution, we make it a point to buy home video versions of video whenever they are available. If, in fact, you wish to charge differentially higher prices for institutional use than for home video use, you simply cannot, at the same time, offer home video versions of your works. Since there are no contract or licensing stipulations for home video sale via vendors such as amazon (other than the usual restrictions against copying and other practices restricted by Title 117/US copyright Law), we feel the purchase we made were legal and in good faith. I think that if you do some investigation, you will find that the above contentions are supported by almost universal practice among independent film and video distributors. Please do not hesitate to contact me if you have questions. > Sharing with the Videolib list an email from a video distributor, and my > internal response to the Collection Development office for use in replying > to the original message. (Snipped to remove some elements that are > institutionally specific) > > > <snip> > > That said, the author of this email is incorrect in his assertion. > > I assume, as we often do, this title was purchased through Amazon.com, > where it is currently listed as being in stock and sold for $13.50 > > If so, our copy is a legally acquired copy, and governed by the rule of > first sale, which allows a library to loan or otherwise use a copy. > > Additionally, US Copyright law specifically exempts us from needing public > performance rights to use a legally acquired video in classes. > > See: http://www.copyright.gov/title17/92chap1.html#110 > > When a video is sold through other markets, the distributor cannot place a > requirement on us to acquire PPR, or pay the higher price. Were the > distributor the sole distributor, they could refuse to sell us the home > video copy and insist that we pay $250. But as we (I assume) purchased > through Amazon, they cannot make that claim. > > -deg > > -- > 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 > > >> -----Original Message----- > >> Sent: Thursday, May 05, 2011 11:16 AM > >> >> I am writing on behalf of Roy Germano Films LLC, the copyright holder of >> a >> film you carry in your library called THE OTHER SIDE OF IMMIGRATION. >> According to our records, the DVD copy of THE OTHER SIDE OF IMMIGRATION >> that >> you have on your shelves is licensed for home use only (retail price: >> $20). >> To carry this film in your library, you must purchase a DVD that has >> been >> licensed for use in college/university libraries (retail price: $250). >> >> DVDs licensed for college/university use are sold exclusively on our >> website >> -- >> http://www.TheOtherSideOfImmigration.com >> >> On our website, you will notice a link on the upper-righthand side of >> the >> website to purchase "DVDs Licensed for Colleges/Universities". Please >> click >> that link to enter our secure online store and make your purchase. >> >> We hope you will attend to this matter as soon as possible. Please feel >> free >> to contact me at this address if you should have any questions, believe >> our >> records are incorrect, or would like to arrange to make your purchase >> with >> our distributor by phone or email. >> >> Sincerely, >> Roy Germano, Ph.D. >> Founder/CEO, Roy Germano Films LLC > > > 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.
