Discussion:
What is the name of your state? Maryland
Someone please help...I am a film buff, mostly stuff from Europe and Asia. I've heard from several "reliable" sources (online dealers, people in the "industry", etc...) that if a film/DVD is never given an official U.S. release, that under the Berne Act, it is legal to copy said item and sell it in the states. For example KOREA DVD CO. (fictitious name) has produced a Korean release of "___ MOVIE". "___ MOVIE" has never been picked up by a U.S. production/distribution company. I can then take my copy of "ABC MOVIE", burn it, and resell it. Can anyone tell me if this is true? As often as I hear that it IS true, I can't seem to find any solid info regarding this. If this is/is not true, could someone please let me know and refer me to any actual legal statutes, laws, whatever, that may apply. Part 2 of this question, I've also been told that if a VHS movie has never been converted to DVD by a U.S. company, that I can convert it myself and legally sell it. Any help anyone can provide will be much appreciated...
Answer:
What is the name of your state? Maryland
Someone please help...I am a film buff, mostly stuff from Europe and Asia. I've heard from several "reliable" sources (online dealers, people in the "industry", etc...) that if a film/DVD is never given an official U.S. release, that under the Berne Act, it is legal to copy said item and sell it in the states. For example KOREA DVD CO. (fictitious name) has produced a Korean release of "___ MOVIE". "___ MOVIE" has never been picked up by a U.S. production/distribution company. I can then take my copy of "ABC MOVIE", burn it, and resell it. Can anyone tell me if this is true? As often as I hear that it IS true, I can't seem to find any solid info regarding this. If this is/is not true, could someone please let me know and refer me to any actual legal statutes, laws, whatever, that may apply. Part 2 of this question, I've also been told that if a VHS movie has never been converted to DVD by a U.S. company, that I can convert it myself and legally sell it. Any help anyone can provide will be much appreciated... Both are untrue. The copyright holder has the right to control reproduction and distribution of his or her work, period. If the copyright holder doesn't distribute in the U.S., or doesn't distribute on DVD, well, that's the copyright holder's call, not yours.
You will need permission to do either legally in the U.S.
Answer:
thank you for the help...to follow up on that line of thought (and to verify some research I've done since receiveing the above reply...) - it seems that there is no such thing as an "international copyright", but most countries offer copyright protection to foreign "authors". But, it appears that prosecution of disputed matters would have to take place in the country where the infringement is being comitted, correct?
Answer:
- it seems that there is no such thing as an "international copyright", but most countries offer copyright protection to foreign "authors". Correct.
But, it appears that prosecution of disputed matters would have to take place in the country where the infringement is being comitted, correct? Generally correct. But the location of the infringement isn't always clear cut, so sometimes things could potentially end up in an unexpectedc court. However, since no court other than a U.S. court would have jurisdiction over you personally (I assume you don't have significant assets in foreign countries -- if you do, that changes who has jurisdcition over you, or at least your assets), from a practical standpoint, you would need to be sued in the U.S.
But remember, foreign companies sue people and companies in the U.S. all of the time, and many foreign companies have offices here or subsidiaries or partners here, so there may stillbe some considerable risk if you choose to go ahead with your plan. You will need to assess the risks, and decide for yourself accordingly.
Answer:
thanks for all the help - i don't plan on pursuing this "venture", especially now that i'm better educated about the implications
the main reason i asked is because i frequently go to conventions where people sell "bootlegs" but they justify it by saying that the Berne Act, or public domain, or some other obscure law protects it. I figured it was too good to be true...
thanks again
Answer:
thanks for all the help - i don't plan on pursuing this "venture", especially now that i'm better educated about the implications
the main reason i asked is because i frequently go to conventions where people sell "bootlegs" but they justify it by saying that the Berne Act, or public domain, or some other obscure law protects it. I figured it was too good to be true...
thanks again
**A: now you know the real truth.