posted on September 27, 2000 03:47:34 PM
Does anyone know if it is ok to make a home copy of an old Three Stooges tape and sell it at auction? Even if it is legal, shouldn't the seller represent that it is a copy rather than an original from the distributor?
posted on September 27, 2000 04:13:57 PM
From the Safe Harbor pages at eBay:
TV Shows. Copies of TV shows are often potentially infringing. It is generally permissible to copy a television show for your personal home use. However, if you tape an episode of "Ally McBeal," for example, and then sell or give away that video copy, you are infringing upon the producers' copyright. On the other hand, if the producers sold video copies of various episodes, and you bought such a tape and then later decided to sell it, you are probably not at risk for infringement.
posted on September 27, 2000 04:56:01 PM
Someone was/is trying to sell bootlegs of a Three Stooges tape???
Jeez...now that's a waste of effort. The videos of Messers Howard, Fine and Howard et. al. are a dime a dozen nowadays. I could've picked up about a dozen at last week's flea market.
posted on September 27, 2000 04:56:30 PM
It doesn't matter what you call it, selling a copy of a studio produced tape is against the law. Many ex-members of eBay will be able to attest to what happens if you get caught. Even the sale of your original 'Three Stooges" Emmy tape is considered copyright infringement by Columbia TriStar Television, and I believe a couple of these have been canceled by them through the VeRO program.
OTOH, it's a very well done movie
Good luck.
PS - The Emmy tape was not originally sold by the studios so it doesn't fit into the eBay rule stated above. These tapes are produced exclusively for the use of Academy members, and they are not to be rented, sold, or resold. Technically, they are supposed to be returned to the studios after viewing. Some studios are uptight and others just let it go ...
