Author Topic: Is tape trading illegal? (Read 3340 times)

rebelwrest · « **on:** October 28, 2007, 09:26:29 PM »

Encountering some problems with some DVDs I received in a trade. I kept wondering if the problem was my DVD creation software or the DVDs itself. I went to my brother (who was in front of my parents at the time) to help with my problem. After explaining tape trading my dad rolled his eyes (adding another exampl in his mind to how game shows has ruined my life) and mom exclaimed that's illegal. Mom explains that their is a disclaimer at the end of shows that this show is not allowed to be reproduced. I explained that only happens with like NFL, MLB broadcasts, and besides if it is illegal, why did they invent the VCR. My mom states that it is illegal to reproduce these shows and send them through the mail. I know it is illegal to copy manufactured DVDs, but my mom says you can't tape an I Love Lucy and then send it to them through the mail. Can anyone give a legal argument as to why game show tape trading is or is not illegal?

dzinkin · « **Reply #1 on:** October 28, 2007, 09:42:56 PM »

I'm not a lawyer, but the issue is pretty clear cut: if the content is copyrighted by someone else, then — with certain limited exceptions — you don't have the right to copy it or redistribute it without permission from said someone. The reason VCRs are legal is because of an exception commonly known as the "Betamax rule"; it says that you're allowed to record shows yourself for the purpose of time-shifting, but it definitely doesn't cover sending shows to someone else.

Are you likely to be prosecuted or sued for recording last Friday's episode of The Price is Right onto DVD and sending it to someone who forgot to set his DVR? No. Are any of the game show traders likely to be prosecuted or sued? No; unless you're selling tapes or DVDs on eBay, you're not likely to attract enough interest from the copyright lawyers. Does that make trading technically legal? No.

clemon79 · « **Reply #2 on:** October 28, 2007, 10:15:35 PM »

Yes, it's illegal, so you must tell your parents you have committed a mortal sin and stop immediately.

And posting clips of copyrighted material to YouTube? Also illegal!

I wonder if pointing people to them could be considered aiding and abetting...

Matt Ottinger · « **Reply #3 on:** October 28, 2007, 10:34:48 PM »

[quote name=\'dzinkin\' post=\'168124\' date=\'Oct 28 2007, 09:42 PM\']
unless you're selling tapes or DVDs on eBay, you're not likely to attract enough interest from the copyright lawyers. [/quote]
And frankly, a whole lot of illegal selling of copyrighted product (including game shows) goes on pretty routinely over at Ebay, and most of that happens without the copyright police getting involved.

Eric Paddon · « **Reply #4 on:** October 29, 2007, 07:32:16 PM »

Though in recent years, e-bay has cracked down on the sale of sports broadcasts for the most part, and *especially* those selling their sets of TV shows that are unreleased on DVD, but recorded from cable channels or other venues (you tend to see those only at ioffer.com now)

chris319 · « **Reply #5 on:** November 01, 2007, 01:06:38 AM »

Quote

selling tapes or DVDs on eBay

Or cassettes of copyrighted Score Productions music ;-)