The question raised, and my responses were not about screeners. It's your comments, Jessica, that have been directed to that type of promotional material.
I just reviewed for adding to the collection more than 100 DVD and VHS titles that were donated to the Library.... I added none of them, because I philosophically do not agree with the notion of adding screeners to the collection. None of these titles was labeled on the disc that it was a screener, none had an intermittent watermark or other such indication in the film. But, to answer your questions, yes, I do believe that screeners are legally acceptable to be added to a collection. (Depending on mitigating factors such as absence of an agreement to return or directions to return included with the video) Legally, whether or not the title has or has not been release to the home market has absolutely nothing to do with it. As the 9th circuit ruling has made clear, these are gifts covered by the Doctrine of First Sale. While you reference "several cases" of attempts to sell preview copies you do not identify Litigant, defendant, or case citation, so your assertions are not verifiable. -deg ---------------------------------------------------------------------- Date: Thu, 5 Apr 2012 16:18:21 -0400 From: Jessica Rosner <jessicapros...@gmail.com> Subject: Re: [Videolib] For promotional use only Review screeners do not say for "promotional use" they are generally "watermarked" with either constant or repeat notices that the copy is for preview or review only There have been several cases involving people who tried to sell review copies of new release ( not available on video) films that were indeed prosecuted. These involved very high end studio titles and in at least two cases distinctly watermarked Oscar screeners. I am not sure we are in disagreement unless you in fact believe that copies of films not legally released in the home market but sent as review screeners ( and marked as such) are legal. Oh and most review screeners also include a label asking for the film to be returned and an address though few companies follow through 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.
