Sorry, I typed too soon; I'm really glad this listserv exists:) Mary Hanlin Media Collection Development Librarian Tidewater Community College 120 Campus Drive, Portsmouth, Virginia 23701 P: 757-822-2133 F: 757-822-2149 mhan...@tcc.edu
-----Original Message----- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Mary Hanlin Sent: Thursday, May 05, 2011 3:04 PM To: videolib@lists.berkeley.edu; RG FIlms Cc: jcon...@berkeley.edu Subject: Re: [Videolib] Licensing issue - First Notice I just got that email as well. (We purchased from a vendor that only sells to libraries.) I am very interested in hearing how others are handling this. Mary Hanlin Media Collection Development Librarian Tidewater Community College 120 Campus Drive, Portsmouth, Virginia 23701 P: 757-822-2133 F: 757-822-2149 mhan...@tcc.edu -----Original Message----- From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of ghand...@library.berkeley.edu Sent: Thursday, May 05, 2011 2:58 PM To: RG FIlms Cc: jcon...@berkeley.edu; videolib@lists.berkeley.edu Subject: Re: [Videolib] Licensing issue - First Notice Roy...you've pissed off a big community of video librarians and others by sending this out, I'm afraid to say. Wish you had done a bit of investigation and thinking before hitting the send key. Most everyone in this business is very aware of the need to secure performance rights for screening outside of individual use and classrooms (which are covered by the face-to-face teaching exemption of the copyright law) If, in fact, you want to engage in the practice of charging institutions higher prices across the board, you really can't sell in the home video market--as I said in my earlier note. (Or, if you want to charge both home and institutional prices, you need to do it via your web site, not amazon and other mass marketers) gary handman > Thank you for your reply. Of course that is fine if not being used for > public performance. It's often the case that campuses use this film for > community events. But if only lending out for personal use or classroom > instruction, of course that's no problem. > Roy Germano > > > On May 5, 2011, at 2:47 PM, ghand...@library.berkeley.edu wrote: > >> 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. >> >> Gary Handman >> Director >> Media Resources Center >> >> >> >> >> >>>> >>>> Dear Librarian, >>>> >>>> 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 >>>> <http://t.ymlp175.net/umwafahwwavawueaoajwej/click.php> >>>> >>>> On our website, you will notice a link on the upper-righthand side of >>>> the website to purchase "DVDs Licensed for Colleges/Universities >>>> <http://t.ymlp175.net/umqazahwwavawueatajwej/click.php>". 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 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 >>>> >>>> *Follow the film on TWITTER >>>> <http://t.ymlp175.net/umyarahwwalawueapajwej/click.php> & FACEBOOK >>>> <http://t.ymlp175.net/ujsatahwwagawuealajwej/click.php>* >>>> *check out* www.TheOtherSIdeOfImmigration.com >>>> <http://t.ymlp175.net/umwafahwwavawueaoajwej/click.php> >>>> >>>> ------------------------------------------------------------------------ >>>> Unsubscribe / Change Profile >>>> <http://ymlp175.net/u.php?id=gewumjbgsgjwejgqs> >>>> Powered by YMLP <http://ymlp175.net/m/> >>>> >>> >>> -- >>> --------------------------- >>> Steven Black >>> Head, Acquisitions Division >>> The Bancroft Library >>> University of California >>> Berkeley, CA 94720-6000 >>> 510-642-1320 t >>> 510-643-2548 f >>> sbl...@library.berkeley.edu >>> >>> >> >> >> 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 >> > > 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. CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information or otherwise be protected by law. Any access, use, disclosure or distribution of this email message by anyone other than the intended recipient(s) is unauthorized and prohibited. If you are not an intended recipient (or an agent acting on an intended recipient's behalf), please contact the sender by reply email and immediately destroy all copies of the original message. Virus scanning is recommended on all email attachments. 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.
