RE: International Copyright & Disclaimer info

There is no consensus in this group on the degree to which contracts (especially of the shrink/clickwarp variety) can be used to create or extend copyright-like rights that are not granted by the copyright law. On the one hand, in the U.S., copyright is a limited monopoly expressly granted by the government with the intention of promoting the useful arts, so those rights (and only those rights) granted can only be bought/sold/transferred within the framework that that is provided for in law. On the other hand, there is the view that since the copyright owner is not obliged to sell in the first place, he can pick choose under what conditions and what rights that he wishes to sell/lend/license. At its root, this is a case of contract, not copyright IMHO. The question is, can the copyright owner sell the DVD subject to a condition that the buyer not engage in behavior that is expressly permitted under U.S. copyright law. Like selling a DVD that had written on it "This DVD is licensed only for playing on non-Sabbath days." Does this constitute a contract, and is it enforceable? I suspect not in this case.  

All the usual disclaimers apply: IANAL, this is not legal advice, free legal advice is overpriced, etc.  

From: CNI-COPYRIGHT -- Copyright & Intellectual Property
[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Wald, Joanne (ESC)
Sent: Tuesday, November 14, 2006 5:56 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] International Copyright & Disclaimer info  

[I apologize if this is a double post; I got a "refused" message when I
tried earlier]  

I work for a large school district. Recently, one of the schools I support purchased a DVD that was produced in Germany. The following disclaimer is printed on the back of the DVD case:  

"This commercial DVD is protected by copyrights and trademarks. It has only been released for private use. Any other use, in particular for commercial rental, broadcasting, public showing (or any other kind of presentation, e.g. in school and universities as well), duplication or re-recording and by any other process, by which the DVD could be made accessible to the public (or via the Internet or other online systems) is strictly prohibited without the prior written consent of the copyright owner(s). Offenders will be prosecuted and then sued for damage incurred. Any damage, charges or reprints of this title will be prosecuted as forgery."  

My question is about the prohibition against showing the DVD in a school or university. Could that be upheld legally? My understanding of the Berne Convention is that U.S. Copyright Laws would apply; therefore, couldn't a teacher show it in class if the use satisfied the requirements of the Fair Use guidelines?  

Any advice would be greatly appreciated. Thank you.  

Joanne Wald

ISD 279 / Maple Grove Minnesota Received on Wed Nov 15 2006 - 21:30:00 GMT