16mm films and weeding

October 12, 2004 @ 11:32amBungerm says:
Our Library is removing our 16mm films from our collection. We do not want to send them to a landfill if we can find a home for them without burdening our Library staff by contacting each producer. Some educational and nonprofit organziations have accepted some, but we still have about 140 titles. I have heard from a private collector who "promises" not to resell them. He seems to have a hobby of collecting educational 16mm films. I have heard from two other private collectors who may resell them. I have heard from another who wants to acquire more 16mm films to show in nursing homes. Can I give these 16mm films to any of the above without getting permission from the producers? Thanks
October 15, 2004 @ 6:19amCOvalle says:
Again, IANAL.

Sounds like a first sale question.
USC 17 subsection 109.
"Notwithstanding the provisions of section 106 (3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord."

If your library has a lawful copy of the material, and you do not have a license or contract related to the copy of the material, I think you can do with it what you want.

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