Thanks Jessica. The publisher does not give any explanation. Their website have multiple pricing and just says "Educational/Library" and describes it as for classroom use. No mention of the law.
Farhad Moshiri, MLS Post-Masters Advanced Study Certificate Audiovisual & Music Librarian University of the Incarnate Word 4301 Broadway - CPO 297 San Antonio, TX 78209 210-829-3842 ________________________________ From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner [maddux2...@gmail.com] Sent: Thursday, July 24, 2014 11:26 AM To: videolib@lists.berkeley.edu Subject: Re: [Videolib] Donation of DVDs and Publishers I think it would depend on a few things. In theory a publisher/ distributor can require certain terms to be met in order to buy a film but they would pretty much have to either be spelled out in a signed contract or at least have one of those " I have read and agreed to these conditions" kind of check out. It is clearly not illegal to use a legal copy in a classroom but the prof MAY be violating a contract and though I can't see it happening a distributor could ask for the copy back claiming it was illegally obtained. I assume that the title is sold only directly by the publisher and not through third parties as that would pretty much negate any ability to enforce a contract. Just out of curiosity does the publishers site allege that institutions must obtain rights to use in classroom as a matter of law or just have multiple prices without that detail. I will leave the ethics side to you but I think in general that once a title is sold to individuals the cat is out of the bag. On Thu, Jul 24, 2014 at 11:31 AM, Moshiri, Farhad <mosh...@uiwtx.edu<mailto:mosh...@uiwtx.edu>> wrote: Dear all, I've noticed in recent years there were discussions about some vendors asking libraries to purchase DVDs with license for face-to-face classroom use. We all know this is an arbitrary requirement not in the copyright law. One of our faculty asked me to purchase a DVD that falls into this dilemma. When I told her that the publisher is asking us to purchase the DVD with educational licensing for classroom use, she told me what about I purchase it as an individual and donate it to the library? My question is that will the library have any legal problem if it accepts the donation and add the DVD to its collection and circulate it for home or face-to-face classroom viewing? Thanks. Farhad Moshiri, MLS Post-Masters Advanced Study Certificate Audiovisual & Music Librarian University of the Incarnate Word 4301 Broadway - CPO 297 San Antonio, TX 78209 210-829-3842<tel:210-829-3842> ________________________________ This email and any files transmitted with it may be confidential or contain privileged information and are intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient, please be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email and any attachments is strictly prohibited. If you have received this email in error, please immediately delete the email and any attachments from your system and notify the sender. Any other use of this e-mail is prohibited. Thank you for your compliance. 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.
