Legislators suggest libraries start charging user fees for non-book materials

The Reader's Shop writes to tell us about this article

"Ohio's House Republicans are expected to approve a new state budget that cuts library funds by 5 percent and gives libraries the option of charging fees for non-print materials.

Leslie Massey, director of the Clermont County Public Library states that fees for non-book items would weigh most heavily on those who are poor or visually impaired and that the fees will not make up for the state's proposed cuts. "We're looking at a $300,000 budget cut," Massey said. "It wouldn't contribute $300,000."

Lynda Murray, a top lobbyist for the Ohio Library Council, doesn't expect libraries to embrace new fees, though she said some might try it on a trial basis to gauge public reaction.

"I'm hard-pressed to think of anything that would be more unpopular," Murray said."


gives libraries the option of charging fees for non-print materials
I think charging a fee for a DVD like "The Incredibles" is not such a bad idea.
I subscribe to a DVD library called Netflix. An interesting idea would be if some town purchased a Netflix subscription for the entire town. A library that had a single Netflix account could also use Netflix as kind of an ILL service for DVDs. If a patron wanted to see an obscure DVD that was not watched enough for the library to own the library could obtain it from their Netflix account.

I suspect that Netflix has a licensing arrangement with the owners (distributors) of the movies that limits Netflix to renting to individual consumers only. If a library, or a commercial establishment such as a video store, were to seek an account with Netflix they would be unable to give it to them because it would violate their license. Any one have the Netflix disclaimer handy?

I don't know if they still do this, but early on, Netflix had a novel system for processing reservations. New subscribers got dibs. This contributed to lots of favorable press and word-of-mouth impressions. Only one chance to make a first impression, and all that.

That article is dated April 8th. It is almost 30 days old. Are we sure if this provision is still in what was passed by the Ohio House to the Ohio Senate? I doubt whether it is or not...

Below are the NetFlix terms. I don't see why they would have a problem with an institution having an account. You can still only get so many DVDs per account. On the other idea I mentioned where the library would pay for a NetFlix account for everyone in a town I think the CEO probably has dreams of that happening.
I see nothing in the terms that would restrict a library from having an account.
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* Free Trials

We encourage the use of our service through free trials. Free trials last for two weeks for eligible new subscribers. To view the specific details regarding your free trial, if any, click on the "Your Account" link located at the top of every Netflix Web site page and click "View Membership Terms."

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By using the Netflix service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Netflix service. Additional charges may include gift subscription purchases you make, movies you fail to return or service level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. Click on the "View Membership Terms" link on "Your Account" page to see the commencement date for your next renewal period. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. All fees and charges are nonrefundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the Netflix Web site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method.

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Intellectual Property

* Copyright

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* Trademarks

Netflix is a registered trademark of Netflix, Inc.. Netflix.com, Friends, Profiles, CineMatch, and other marks indicated on our site are trademarks of Netflix, Inc. All Netflix graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Netflix, Inc. Netflix's trademarks and trade dress may not be used in connection with any product or service that is not Netflix's, in any manner that is likely to cause confusion among customers, in any manner that dilutes Netflix's rights, or in any manner that disparages or discredits Netflix. All other trademarks not owned by Netflix that appear on the Netflix Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Netflix. Any images of persons or personalities contained on the Netflix Web site shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

* Patents

The U.S. Patent & Trademark Office issued to Netflix U.S. Pat. No. 6584450 that covers our subscription rental service and several extensions. Netflix has other patents pending that apply to the Netflix Web site and our operations.

Entertainment and Web Site Content
We distribute movie, television, and other filmed entertainment. In addition, the Netflix Web site allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Netflix Web site are those of the respective authors or producers and not of Netflix, Inc., or its shareholders, directors, officers, or employees. Under no circumstances shall Netflix, Inc., or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Netflix Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Netflix Web site.

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Service Testing
From time to time, we test various aspects of our service, and we reserve the right to include you in these tests without notice.

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Limitations on Use
You must be 18 years of age or older to subscribe to the Netflix service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While Netflix does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Profiles" below). Unless otherwise specified, the content on the Netflix Web site is for your personal and non-commercial use and we grant you a limited license to access the Netflix Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Netflix Web site without our express written consent. Any unauthorized use of the Netflix Web site or its contents will terminate the limited license granted by us.


* FriendsTM

Our Friends feature allows you to share information about movies with your friends, including your Netflix movie ratings, queue information and reviews. Your queue information is what movies you have at home, what's currently in your queue and what movies you have rented in the past. We'll also provide unique ways to help you and your Friends share this information... highlighting similarities and differences between ratings and providing you the chance to test your knowledge of your Friends through features like the Friend Quiz. It's all about sharing.

To use this feature you will need to create or join a group of one or more friends ("Friends List") by either (i) sending an e-mail through the Netflix service inviting your friends to join the program or (ii) accepting an invitation sent to you from one of your friends participating in the program. Additionally, when you invite someone to join your Friends List, that friend will receive instructions by e-mail on how to accept the invitation and join your Friends List. Your friend will also receive a notice about your invitation to join when he or she logs in to the Web site. Invitations to join will expire after one month. If you invite a friend who is not currently a subscriber, your friend will be given the opportunity to subscribe and must subscribe in order to join your Friends List.

To send an e-mail to a friend to join your Friends List, just click on "Invite Friends" at the Friends tab. You can send an e-mail invitation through the Netflix Web site to more than one friend, and can include your own personalized message or use the standardized text supplied by Netflix announcing the Friends feature to your friend. Your Friends List will identify who has been added to your list and who has an outstanding invitation.

Each person on your Friends List will be able to view your movie ratings, queue information and reviews, and you will be able to view their ratings, queue information and reviews. However, your friends cannot see the reviews, queue information and ratings provided to you by your other friends unless they are also part of that other friend's Friends List. Movies rated by those on your Friends List are marked by a purple Friend icon on your Friends page and while you are browsing our Web site. Your friends' average movie ratings are indicated by purple stars on the Friends page. To see the specific opinions of your friends, simply click on a rated movie's icon; you will be directed to that movie's detail display page where you will find friends' specific ratings and reviews.

If you are uncomfortable sharing any of this information with your Friends, you may remove anyone from your Friends List at any time by visiting the Friends tab, clicking the "Manage" button below the list of your friends and deleting that friend from the list. You may also remove yourself at anytime from the Friends feature entirely by visiting the Friends tab, clicking the "Manage" button below the list of your Friends and removing all Friends from your Friends List. This takes you off of all of your friends' Friends Lists and removes your friends from your own Friends List.

You should be aware that your use of the Friends feature will cause information concerning your use of the Netflix service, such as what movies you have viewed, the movies you have at home, the movies you want to watch, and your opinions of movies you've rated, to be transmitted to the individuals on your Friends List. Those who receive your invitation to join your Friends List will know you are a Netflix subscriber, and will receive the information you supply in your e-mail invitation, whether or not they accept your invitation to join. We do not review the content of the e-mail invitations sent through the Netflix Web site by you to your Friends. You are responsible for such content; provided however, we reserve the right to reject, remove or edit such e-mails at anytime without notice. In accordance with our Privacy Policy, Netflix only provides your personally identifying information to individuals on your Friends List with your consent, which is evidenced by your use of the Friends feature. BY USING THE FRIENDS FEATURE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO THOSE ON YOUR FRIENDS LIST. Use of the Friends feature is for your personal, non-commercial use and is at your own option and risk. We reserve the right to modify the Friends feature at any time without notice. Please click on the "Friends" tab on any Netflix Web site page for further information about the Friends feature.

* ProfilesTM

Our Profiles feature allows you to create separate sub-accounts, called Profiles, under one subscription plan. Each Profile will be able to have its own ratings history and recommendations tailored to the sub-account member's tastes, its own community of Friends, and its own queue.

To create a new Profile, the member who created the first Netflix account and whose Payment Method is charged, known as the Account Owner, must click on the" Your Account" link and click on "Add Profile." An Account Owner may create up to 4 additional Profiles.

The Account Owner has access and control over each Profile, including all of the information provided and features selected for that Profile such as the sub-account member's name, password, maturity level and ability to participate in the community features. The Account Owner's control over Profiles is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit sub-account members from contacting Netflix Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal the last 4 digits of their Payment Method to sub-account members. A Profile's individualized password, established by the Account Owner, allows each sub-account member to gain access to the tailored Profile features, recommendations and queue. All information within each Profile is personal to that Profile and cannot be seen by other sub-account members. The Account Owner, however, can see all such information. The Account Owner may terminate access to any Profile by changing the sub-account member's password and not disclosing this to that sub-account member. The sub-account member will not be able to log in upon his or her next attempt to do so.

The Account Owner will determine how to allocate DVDs among the sub-account members provided, however, the total number of DVDs cannot exceed the number that are available in your plan. The Account Owner will receive e-mail delivery notices informing the Account Owner of all DVDs shipped under the Account. The sub-accounts members will not receive any e-mail notices.


For Account Holders setting up Profiles for Children: While the Profiles feature is not directed at collecting information from children under the age of 13, Account Owners who wish to create Profiles for children to manage their Netflix sub-accounts are permitted to do so subject to our Terms of Use. The Profiles features allow the Account Owner (i) to restrict the maturity level of DVDs that may be placed in the sub-account member's queue, (ii) to have the DVD mailer addressed to the Account Owner instead of the sub-account member and (iii) to allow or deny participation in our community feature called "Friends". For more details on our community feature, see "Friends" above. The Account Owner may restrict access to community features at any time by clicking on the "Your Account" link and adjusting the Profile settings.

Setting a maturity restriction affects which movies are presented to the restricted sub-account member on the Netflix website, will block movies with more mature ratings from being added to that sub-account member's queue, and will prohibit that sub-account member from viewing previews for the restricted movies. However, the restriction on adding these movies to the queue can be overridden on a movie-by-movie basis by entering the Account Owner's password after clicking the 'add' button associated with the desired movie. Furthermore, the maturity restriction does not limit movies that may be recommended by or recommended to maturity-limited Profiles through the Friends feature. If the movie is beyond the sub-account member's allowed maturity level, they will not be able to view the preview or add that movie to their queue but they will be able to see the title of the movie and read the synopsis that is provided.

You may address any concerns or questions regarding the information collected to Netflix's General Counsel at 970 University Avenue, Los Gatos, CA 95032.


We reserve the right to modify the Profiles feature at any time without notice.

* RSS Feeds

We offer RSS feeds as a convenient way to pass information about your Netflix account or that is publicly available on the Netflix site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. By using the Netflix RSS feeds you acknowledge and agree to the following: (i) if you use the personalized RSS feeds relating to your own Netflix account, you are consenting to the information about your account being transferred to the location of the RSS feed as enabled by you; (ii) while Netflix will not pass personally identifying information in the feed, your use may cause such information to be associated with you (it is your responsibility to handle the feed and your personal information associated with it as you deem appropriate); (iii) you shall not modify the feeds in any way, including the associated attribution to Netflix; (iv) use of the Netflix RSS feeds is for your personal, non-commercial use and is at your own option and risk. Netflix makes no representation or warranty regarding its RSS feeds and reserves the right to modify or terminate the feeds at any time without notice.

* Member Reviews

We permit you to post reviews on the Netflix Web site. By submitting a review, you agree to the terms hereunder and acknowledge that such postings and all information therein will be posted on our Web site. In posting such content, you agree not to use a false e mail address or otherwise mislead us or others regarding the origin of such content. However, the use of a pseudonym that will be publicly displayed with the review is permitted so long as it is individualized and not otherwise misleading. We do not regularly review the content posted on the Netflix Web site; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movie's creative personnel; or a discussion of Netflix policies or services. Please click on the "Member Reviews" link on any movie page for a link to the guidelines for writing and posting member reviews.

Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Some of the hyperlinks on the Netflix Web site may lead to other Web sites that are not controlled by, or affiliated with, Netflix, Inc. In addition, other Web sites may link to the Netflix Web site. Netflix has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.

Gift Subscriptions
We offer for sale on the Netflix Web site various Gift Subscriptions redeemable for the Netflix service. We will automatically bill your Payment Method for any purchased Gift Subscriptions. Gift Subscriptions are subject to the terms and conditions set forth on the "Gift Subscription" page.

Claims of Copyright Infringement
It is the policy of Netflix to respect the intellectual property rights of others. If you believe that content on the Netflix Web site constitutes a copyright infringement, please notify us of your concern by submitting a written notice to us at the following address:

Netflix, Inc.
970 University Avenue
Los Gatos, CA 95032
Attention: General Counsel

Your notice must be signed and contain the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the Netflix Web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
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Yes, the provision is still in the bill (House Bill 66). The bill must still get through the State Senate. For a May 3rd update you can check the Ohio Library Council website page:http://www.olc.org/protectlibraryfunding.aspThe "Updated Talking Points" link at the top of the article downloads a pdf file with details of the parts of the bill that affect libraries in Ohio.Ohio libraries are facing a 5% cut in Local Governement Funds (the main funding for Ohio Libraries, up to 98% of many library districts budgets). The bill also provides for a reduction of 21% of the personal income tax and elimination of the corporate franchise tax. A percentage of these taxes fund the Local Government Fund.On the upside, the bill, at this stage, provides for establishing a joint House and Senate committee to "study potential sources of funding for existing Local Government funds that allow for growth and and stability in funding levels."

Actually I was going to bug my state rep at home today (good thing I am on his good side living here in the 99th Ohio House District) and ask him if it was still in. I am on dial-up so I was not about to download the 8 megabyte budget bill and read through it. Thank you for pointing me to the OLC matter. OLC's site usually crashes my Mac version of IE catastrophically and I have not gotten around to getting a new browser quite just yet for my poor beat-up computer.

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