Copy Protected?

[poolplayr]

Hi all,

Is a tv show copy protected?

Here situation. I have my own business and I was contacted by a guy to transfer 1/2 show that he was in, on tv in to dvd format. However I got to thinking that might not even be legal.

If anyone knows the answer to this i would appreciate any advice.

Thanks

[rkm69]

Copyright of the TV show will be a problem

[guns1inger]

You would be breaking the law if you or he did not first get permission. Does this mean you would be prosecuted ? Probably not, however it is illegal.

[gll99]

This is not a legal opinion just my own thoughts on the matter.

The material is copyrighted if it was a tv broadcast. However, is the source material that he gave you to transfer a tape provided by the production company for his use or did the client capture it himself from the tv feed. If it was the former then under fair use he may have entitlement to just transfer the video to another medium for his personal enjoyment. Your charges are for your services only. I would make sure to put a disclaimer at the beginning of the video and clearly identify the copyright owner if you know who it is.

If he captured the video himself then I would ask him to get written permission from the producer/broadcaster.
Based on the circumstances, I can't see anyone suing you over this if you made one copy for his personal use but why should you take the risk if it could affect your business.

I don't know if you would be protected if you simply asked your client to sign a release stating that he has entitlement to a copy of the video. His presence in the video does not in itself give him entitlement because he probably signed a release with the producer.

[jimmalenko]

I wonder whether the onus for copyright issues is on the provider of the source, or on the person who provides the service of transferring from VHS to DVD ?

I don't know whether you as the transferrer have an obligation to check if it's copyrighted material or not. As mentioned by gll99, I would think if you got him to sign a release, then you've taken reasonable precautions to ensure that he is entitled to a copy.

Where's adam when you need him ?

[ZAPPER]

Where's adam when you need him ?

Thats what I was just thinking.

Ok this is close to threadjacking, but it could still fit in under this one.
Is it legal to make a back-up of a store bought movie for some one else and can you charge for that service? Say like Joe Blow from Kokomo buys a flick (DVD VHS whatever) at the local five and dime, and on his way home drives by your newly erected sign that advertises various video services and he decides that he wants a back-up. Us it legal for you to provide this type of service?

[housepig]

I wonder whether the onus for copyright issues is on the provider of the source, or on the person who provides the service of transferring from VHS to DVD ?

you would think it would be the person buying the service has the responsibility, but I've noticed in the audio world, many CD pressing plants are being pushed into not replicating anything that may have uncleared samples, on the idea that they will also be liable for the infringement.

Is it legal to make a back-up of a store bought movie for some one else and can you charge for that service?

Nope - you don't own it, you can't legally back it up, charging or not. Remember that (at least in the US) the "right" to backup is nebulous, and hasn't been tested by case law - technically, it doesn't meet the requirements of "fair use", and the only "archive" exemptions to copyright are for libraries, and then only for things that are rare or prohibitively expensive to replace - a $20, commercially-available dvd won't make the cut.

so even if we assume (like this site does) that you do have the right to back up your own discs - you still don't have the right to do it for someone else. look at medical marijuana - you may have the right to use it, under a prescription, but the "cannibus club" where you get it doesn't have the right to sell (or give) it to you, and get busted for that reason.