Should libraries use Netflix Unshelved cartoon by Bill

Should libraries use Netflix? “Unshelved” cartoon by Bill Barnes and Gene Ambaum from www. unshelved. com

Why Netflix wins on selection Netflix holdings: 100, 000 titles Library holdings: 3, 000 titles Graphic from Ze Frank’s lecture on “PUSH: “A social revolution, not a technological one” Summarized at http: //blogs. walkerart. org/offcenter/category/conference-notes/

How this works How Netflix works Graphic from www. netflix. com • Libraries set up a Netflix account and allow patrons to select movies to rent from the service. (Cost ranges from $4. 99 for one DVD at a time to $47. 99 a month for 8 DVDs at a time) • The patron is informed when the movie arrives. • The patron picks up the movie and later returns it at the library, and then the disc is returned to Netflix.

Who’s using Netflix? • Academic libraries, for hard-to-find items and hot video titles outside realm of what library purchases • Public libraries looking to increase video selection without increasing size of collection or video budget • Small public libraries with limited video resources “Unshelved” cartoon by Bill Barnes and Gene Ambaum from www. unshelved. com

Pluses to using Netflix • Movie selection much larger than a library – 100, 000+ titles to choose from and 12, 000 downloads • Can supplement copies of hot titles and fill patron demand for these titles faster • Subscription less expensive than purchasing videos “Unshelved” cartoon by Bill Barnes and Gene Ambaum from www. unshelved. com

Minuses to using Netflix • Movies not chosen by librarians, could offend patrons • Netflix user agreement may not cover library lending due to copyright issues • No instant gratification – have to wait for titles • Who’s responsible if DVD gets lost or damaged? “Unshelved” cartoon by Bill Barnes and Gene Ambaum from www. unshelved. com

A little background • Newsweek article • Hot topic in 2007 • Netflix didn’t like the idea. “Spokesman Steve Swasey says the Netflix customer agreement clearly states that DVDs are to be used only for personal enjoyment, not for renting or loaning to others. ” Find this whole article at http: //www. newsweek. com/id/117881

What’s the copyright issue? · The “first sale” doctrine says that a person who buys a legally produced copyrighted work may “sell or otherwise dispose” of the work as he sees fit, subject to some important conditions and exceptions. Section 109(a). In other words, if you legally buy a book or CD, “first sale” gives you the right to loan that book or CD to your friend. Libraries heavily depend on the first sale doctrine to lend books and other items to patrons. · – The American Association of Law Libraries, accessed from http: //www. aallnet. org/committee/ copyright/pages/issues/firstsale. html · So what happens when you DON’T own the copyright?

How have libraries done with Netflix so far? • Some libraries are still offering Netflix option on Web sites. • Netflix did not cancel library memberships to its service but does not promote service to libraries on its Web site either. • Netflix terms of use do not completely rule out library loans, but this is still a grey area of copyright. Netflix Web page from www. netflix. com

Alternatives to using Netflix • Consortium video collection agreements and ILL • Agreement with another video vendor • My. Media. Mall – direct downloads to user’s computer • Facets Multimedia – explicit institutional agreement with University of Chicago libraries My. Media. Mall offers a limited number of downloadable movies, as well as audiobooks and e-books. Netflix is moving toward this method of delivering media as a way to meet demand faster and save processing costs. My. Media. Mall page from www. mymediamall. net

Current Netflix service model Current service model costs Netflix money in terms of labor costs to pick up, process, clean and deliver DVDs via U. S. Mail, as well as the costs for DVDs, sleeves and mailing envelopes. Chicago Tribune article found at http: //www. chicagotribune. com/entertainment/ chi-0804 -netflixaug 04, 0, 6424990. story

New Netflix service model Movies downloaded directly to user’s computer. Netflix web page taken from www. netflix. com Will this rule out Netflix for libraries in the future, or can we reach agreement?

What do you think? “Unshelved” cartoon by Bill Barnes and Gene Ambaum from www. unshelved. com • Should libraries offer Netflix as a way to provide movies to patrons? What problems do you see with this idea? Alternatives? • Does library lending of Netflix DVDs constitute copyright infringement? • What does the future hold for video collections in libraries?