Problems with DVD

[Jeffrey Isaacs]

I just spoke with the folks at my university who assure me that they 
have never encountered problems buying DVDs for our "video" library 
and indeed I've done it many times w/o incident. Our video and DVD 
purchases all go through the school's Seikyo so are unmistakably for 
use at a university.

Unfortunately, the office that manages the school's videos/DVDs is 
very uneasy about being put forth as an example. However, if it looks 
like that kind of support would help I could try to persuade them.

They did explain that technically we are not allowed to show DVDs or 
videos in the library because as a city university we can't exclude 
people from activities there.

Jeff Isaacs


>Under US law, if you were to legitimately acquire these materials, 
>through a third party who bought them from an authorized seller and 
>then resold them to you, you would have the right to own and use 
>these in the same fashion as any other materials bought lawfully. 
>Any attempt by the Japanese publishers to restrain acquisition or 
>use would almost certainly be held unlawful in the United States.
>
>You should consult with an up-to-date copyright law attorney  -- but 
>to the best of my knowledge, the Japanese publishers may attempt to 
>restrain direct distribution by their authorized distributors, but 
>they have no right (under US law or international conventions) to 
>restrain secondary resale or restrict the rights of secondary 
>purchasers (in a fashion different from the rights of any authorized 
>purchasers). (Acquiring and lending unauthorized fansubs is, of 
>course, another problem entirely).
>
>The fact that the publishers don't WANT you to do something does not 
>make it illegal.  The following site seems to suggest that  the 
>Japanese publishers do not have the right to block your purchase of 
>materials from third-party resellers:
>
>http://www.aippi.org/reports/q156/gr-q156-Japan-e.htm
>
>Best of luck,
>
>Michael Kerpan
>
>+++++++++++++++++++++++++++++++++++++++++
>
>Ito, Michiko wrote:
>
>>Hi,
>>
>>>I'm still puzzled about refusing to sell something (like a DVD) to a
>>>*domestic* Japanese university.  I'm left speculating that the
>>>publisher views piracy among college students as being so rampant that
>>>they refuse to sell digital content to any university.
>>
>>Please let me correct.  The DVD set I mentioned in my previous mail,
>>"Mainichi Eiga Konk_uru _Ofuji Nobuo-sh_o jush_o tanpen anim_eshon zensh_u"
>>is AVAILABLE for anyone in Japan.  Any individuals or institutes in Japan
>>can hold the set, and libraries can let the users check out and watch at
>>home.  However, sales to overseas institutes/individuals is strictly
>>prohibited.
>>
>>To me, posing such a restriction is ridiculous.  If anime fans in overseas
>>want to have the set, they go to Japan (or ask someone in Japan) to buy the
>>set and send it to their home countries (and if they want, they can produce
>>"fan-sub" copies, as mentioned in the previous postings).  Re-sellers do not
>>know and do not care about the final destination of the set.  The copyright
>>holder cannot catch such action, though they consider it illegal.  But
>>university libraries like us respect legality (and/or want to avoid any
>>lawsuits).  We cannot officially hold and let the users use materials
>>acquired by illegal actions.  (If the users cannot use the materials, what
>>is the point for libraries to buy them?)
>>
>>Michiko Ito
>>Japanese Studies Librarian
>>East Asian Library
>>University of Kansas Libraries
>>Watson Library
>>1425 Jayhawk Blvd.
>>Lawrence KS 60045-7544
>>TEL: (785) 864-4669
>>FAX: (785) 864-5311


-----
Jeffrey Isaacs
Graduate student
University of Chicago
and
Instructor
Yokohama City University

jdi1 at midway.uchicago.edu
home phone/fax: 045-241-5933