My view is that if the purchaser were not aware of the restriction before they purchased the item, they are not bound by it, but only by the law. But if they were aware of the restriction before purchase, they should abide by the restriction.
Jason may well disagree with me.....
Charles
Professor Charles Oppenheim
--- On Fri, 27/7/12, Lisa Redlinski <[log in to unmask]> wrote:
From: Lisa Redlinski <[log in to unmask]>
Subject: Re: 'Warning: for private domestic use only' DVDs
To: [log in to unmask]
Date: Friday, 27 July, 2012, 15:07
Hi
Jason I have a follow up question, maybe others have wondered the same thing so hopefully other readers of the list will find this of interest?
By buying a film with T&C (Terms & Conditions) that are more restrictive than the permissions established by government regulations, is the consumer legally obliged to observe the more restrictive T&C placed on that item?
I ask, because I wondered if it would be necessary to have the consumer actually sign an agreement (like we do when we purchase software, when we hit the ACCEPT button on the T&C) in order to bind the consumer to the more restrictive regulations.
Sometimes published books have statements on the title pages like 'item not to be circulated', but I can't see how that would be binding either unless that condition was already set by the regulations put forward in the CDPA?
Thank you,
Lisa
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of Jason Miles-Campbell
Sent: 27 July 2012 12:04
To: [log in to unmask]
Subject: Re: 'Warning: for private domestic use only' DVDs
There's an argument put forward sometimes that the "for domestic use only" bit isn't specific enough to negate the right to show a video under s.34(2) of the CDPA 1988 - and therefore showing it at an "educational establishment for the purposes of instruction" in not an unauthorised showing (in fact, by s.34(2)'s wording, it's not a public showing at all).
The same could be argued of lending, that unless there is a clear abrogation of the lending right in s.36A, lending will not be an infringement of copyright. Two things need to be added to that - first, that even if it is not an infringement of copyright, it may be a breach of the contractual terms and conditions of supply; and second, it will require a judgement in each case as to how far the particular restriction goes.
You can buy DVD blanks with "for domestic use" pre-stamped. Does that preclude s.34(2) showing, and s.36A lending for anything that goes on it? "For domestic use", it could be argued, really means "not for commercial or for playing to the public in general" rather than intending to wipe out the CDPA permitted acts. Perhaps the implementation of Hargreaves will sort all this out... :-) There's an FAQ at (apologies for the long URL, may be split over lines):
http://www.jisclegal.ac.uk/ManageContent/ViewDetail/ID/1795/Can-a-college-or-university-library-lend-DVDs-to-staff-or-students-and-can-these-be-viewed-in-the-library.aspx
Cheers,
Jason
Jason Miles-Campbell | Service Manager | JISC Legal | T 0141 548 2889 | E [log in to unmask]
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On Thu, 26 Jul 2012 07:45:56 +0000, Virginia Power <[log in to unmask]> wrote:
>I would agree with Charles on this.
>
>I have just gone through our collection and finally persuaded staff to part with their VHS copies and in replacing with DVDs I have sought permission from the rights owners for educational use to be allowed.
>
>Time consuming but has to be done
>
>Hope this helps
>
>Virginia
>
>Virginia Power | Resources & eLearning Manager Bridgwater College |
>College Way | Bath Road | BRIDGWATER | TA6 4PZ | Tel: 01278 455464
>DDI: +44(0)1278 441243| [log in to unmask] | www.bridgwater.ac.uk
>
>
>
>-----Original Message-----
>From: A general Library and Information Science list for news and
>discussion. [mailto:[log in to unmask]] On Behalf Of CHARLES
>OPPENHEIM
>Sent: 25 July 2012 15:14
>To: [log in to unmask]
>Subject: Re: 'Warning: for private domestic use only' DVDs
>
>This question is better sent to lis-copyseek, but here is my take on it.
>The lending right (i.e., the right to PREVENT lending) applies to libraries lending to clients, though not libraries lending to other libraries. You therefore should respect the notice. As I see it, the only way round the problem is to negotiate with the rightsowner (or someone representing the rightsowner) for a licence.
>Charles
>
>Professor Charles Oppenheim
>
>--- On Wed, 25/7/12, Jez Conolly <[log in to unmask]> wrote:
>
>From: Jez Conolly <[log in to unmask]>
>Subject: 'Warning: for private domestic use only' DVDs
>To: [log in to unmask]
>Date: Wednesday, 25 July, 2012, 14:52
>
>Hello,
>
>We have several DVDs in stock currently, mostly documentaries, which bear variations of this fine print on the discs and their cases:
>
>'Warning: for private domestic use only. Any unauthorised copying, hiring, lending or public performance of this DVD is illegal.'
>
>Some of them are also marked 'for educational purposes only' but the majority are not.
>
>My question is, are these simply unsuitable for library stock? Are colleagues prepared to stock but not lend items like these? Am I worrying unnecessarily?
>
>I'm happy to take replies directly rather than via the list.
>
>Many thanks,
>
>Jez
>
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