Gary, Thanks for speaking on behalf of us librarians.
I wish there were a way to educate filmmakers and film distributors about not only the legalities, but also the realities, of pricing for the library market. It's simple accounting: libraries can make more films accessible to their patrons if the cost of the videos is low. If the cost is high, our budgets will accommodate far fewer purchases. So if a video is expensive, it better be a stand out. It's also a matter of what the market will bear. If libraries continue to pay $250 for a dvd instead of $29, why wouldn't sellers ask us for the higher price? And, yes, I've heard the song about filmmakers and distributors having to make a living, but don't we all? Libraries shouldn't be responsible for subsidizing vendors; making resources available to our patrons is what we're about. Regards, Janice Woo On May 5, 2011, at 11:57 AM, ghand...@library.berkeley.edu wrote: > 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. > 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.
