[MinervaCats] Fox and DVD retail market

Tue Apr 14 15:29:15 EDT 2009

Hi Valerie ,
The consensus in the trade is that distributors, like Midwest and Baker are 
the enforcers of this policy for any customers that purchase directly from 
them. And of course, they're not happy about it.They must sell rental 
accounts only the rental SKUs and to sell retail accounts only the retail 
SKUs. As I mentioned earlier, libraries were determined by Fox to be rental 
outlets.

Copies donated to your library fall under what is described as the "First Sale 
Doctrine", under which buyers of retail DVDs in the United States are free to 
sell or exchange them, and rent and lend any legally purchased copies to 
others. Under this doctrine you certainly can go to your local Sam's/Walmart 
and purchase a retail version and circulate it.

See: http://www.aallnet.org/committee/copyright/pages/issues/firstsale.html

The greater challenge for us, will be identifying items correctly in the catalog, 
since the items will be significantly different. Our version of Slumdog contains 
just the movie and coming attractions, for example.

Fox's strategy appears to be an attempt to boost its retail sales by offering 
only the premium product at retail. 

Susan

Subject:        	RE: [MinervaCats] Fox and DVD retail market
Date sent:      	Tue, 14 Apr 2009 14:57:01 -0400
From:           	"Frechette, Valerie" <vfrechette at cmcc.edu>
To:             	"Susan Winch" <SLW at scarborough.lib.me.us>,
	<minervacats at lists.maine.gov>

> I have a question regarding this new (somewhat ridiculous) policy. What
> should we do with donated retail copies? Are we allowed to keep them?
> I'm assuming that academic libraries would also be in the rental
> category, am I wrong? 
> 
> Valerie Frechette
> Associate Librarian
> Central Maine Community College
> (207)755-5335
> vfrechette at cmcc.edu
> 
> 
> 
> -----Original Message-----
> From: minervacats-bounces at informe.org
> [mailto:minervacats-bounces at informe.org] On Behalf Of Susan Winch
> Sent: Tuesday, April 14, 2009 2:23 PM
> To: minervacats at lists.maine.gov
> Subject: [MinervaCats] Fox and DVD retail market
> 
> Another cataloging headache! Be sure to read to the end ---
> 
> Midwest Tape has notified us that, beginning immediately, all new 20th 
> Century Fox releases will be issued in two editions: retail and rental.
> Because 
> Fox has decided to classify libraries as part of the rental market, the
> rental 
> edition will be the only edition available to public libraries.
> 
> Fox has decided that the rental edition and retail editions will be two
> separate 
> and distinct items. Each edition will have unique artwork and UPC
> numbers. 
> Additionally, retail editions will have the text "Retail Exclusive" on
> the cover 
> art. In most instances, special features and bonus disks will not be a
> part of 
> the rental (library) edition. Upcoming Fox releases with separate rental
> and 
> retail editions include:
> 
> Bride Wars
> Legally Blondes
> Taken
> Possession
> S. Darko
> Valkyrie
> Labou
> Dr Doolittle: Million Dollar Mutts
> Driven to Kill
> Nobel Son
> Street Fighter
> Pink Panther 2
> Miss March
> 12 Rounds
> The Betrayed
> 
> To further complicate matters, the Fox title Slumdog Millionaire was
> shipped 
> to some "rental" agencies (ie libraries and video stores) with cover art
> for the 
> retail market.
> 
> We checked our item and it is indeed the stripped down "rental" version
> with 
> none of the features listed on the cover (ie special features,
> commentary, etc.) 
> 
> We are in the process of addressing this for our item, but though you
> should 
> be aware, if you haven't heard this news already.
> 
> Midwest will provide assistance in obtaining the replacement cover art
> if you 
> purchased your DVD from them. I don't about Baker & Taylor or others.
> 
> Fox has set up a hotline (1- 888-223-4369 or web form 
> SlumdogDVD.orderassistance.com ) for customers who have received these 
> items and would like a replacement item. If you prefer replacement
> artwork, 
> Midwest Tape is happy to provide it through our customer service
> department 
> (1-800-875-2785).
> 
> I used the web site successfully.
> 
> Susan
> 
> -- 
> Susan Winch, MLS 
> Assistant Director
> Scarborough Public Library
> 48 Gorham Road
> Scarborough, ME 04074
> slw at scarborough.lib.me.us
> 207.883.4723 x225 (voice) 207.883.9728 (FAX)
> www.library.scarborough.me.us
> ~~~~~~~~~~~
> 
> 
> 
> 
> 
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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> received this message in error, please contact the sender or the Network
> Administrator at Scarborough Public Library.
> 
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~~~~~~~~~~~~
Susan Winch, MLS 
Assistant Director
Scarborough Public Library
48 Gorham Road
Scarborough, ME 04074
slw at scarborough.lib.me.us
207.883.4723 x225 (voice) 207.883.9728 (FAX)
www.library.scarborough.me.us
~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This business message and any accompanying attachments are confidential and are intended solely for the use of the addressee. If you have received this message in error, please contact the sender or the Network Administrator at Scarborough Public Library.

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