Dear deg, I'm wondering if this was covered in the case but we put PROPERTY OF MILESTONE on each of our screeners with the idea that they are on loan from us and not *given* to the critic. (I assume others do this as well.) Since we rarely ask for them back, I don't know if this would hold up in court.
Best, Dennis On Wed, Apr 4, 2012 at 9:06 PM, Deg Farrelly <deg.farre...@asu.edu> wrote: > There is no wording in the US copyright law that supports the stance that > these items cannot be added to a collection. > > There * is * case law that supports the use of "promotional copies" > > In 2011 the 9th Circuit ruled in Universal Music Group v. Augusto that > promotional copies in essence transfer ownership, and thus are covered by > the First Sale Doctrine (section 109, Copyright Act). > > Thus the DVD is a gift, that can be transferred, and is a legally acquired > copy. > > Electronic Frontier Foundation summarizes the case here: > https://www.eff.org/cases/umg-v-augusto > > -deg > > deg farrelly > ASU Libraries > Arizona State University > P.O. Box 871006 > Tempe, Arizona 85287-1006 > 480.965.1403 > > ________________________________________ > > Date: Wed, 4 Apr 2012 20:22:40 -0400 > From: Jessica Rosner <jessicapros...@gmail.com> > Subject: Re: [Videolib] For promotional use only * Not for > Broadcast...? > > No "for promotional use only" means it was a screener send for review and > is lot a "real" copy that can be used in a collection. I am not sure what > you mean by "promotional length". Screeners sent for review/ promotion are > almost always full length. > > > 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. > -- Best regards, Dennis Doros Milestone Film & Video/Milliarium Zero PO Box 128 Harrington Park, NJ 07640 Phone: 201-767-3117 Fax: 201-767-3035 email: milefi...@gmail.com www.milestonefilms.com www.comebackafrica.com www.yougottomove.com www.ontheboweryfilm.com www.arayafilm.com www.exilesfilm.com www.wordisoutmovie.com www.killerofsheep.com <http://www.killerofsheep.com> Join "Milestone Film" on Facebook and Twitter! and the Association of Moving Image Archivists <http://www.amianet.org>! Follow Milestone on Twitter! <http://twitter.com/#!/MilestoneFilms>
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.
