Well, yesterday I was crusinig eBay (looking at pricing cause I want a Corgi car) and also saw something that put a question in my mind. There were multiple auctions for the complete set of KR of tape. Is this legal? (No, I'n not thinking of buying one- I already have most of the eps on tape) Is it legal to sell them if they have commercials still in the tapes?
Nick
eBay legalality question
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knightimmortal
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jup
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It probably is illegal, in some sense. Really depends on how those with the rights to do something about it want to handle it.
Is there a loophole when it comes to selling used video tape and the seller doesn't claim to take responsibility as to what's on said tape? And, if said tape is only being used for private exhibition purposes? Is the auction going for a reasonable price for the number of used cassettes being auctioned, or as something more in the range of collectible?
I've no clue about the answers. Just bringing up questions, is all.
Is there a loophole when it comes to selling used video tape and the seller doesn't claim to take responsibility as to what's on said tape? And, if said tape is only being used for private exhibition purposes? Is the auction going for a reasonable price for the number of used cassettes being auctioned, or as something more in the range of collectible?
I've no clue about the answers. Just bringing up questions, is all.
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knightimmortal
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KI - yes and no.
True, it is illegal to sell non-licensed tapes and make money from it. However, if the person is selling them for the costs of the tapes only or trading them and not making a profit then it is ok. We had a large discussion about this on another board I'm a member to about that particular series and its spin offs as well. This particular site is affiliated with the companies that both created the show and who holds the copyrights, so we got our answers straight from the horses mouths.
True, it is illegal to sell non-licensed tapes and make money from it. However, if the person is selling them for the costs of the tapes only or trading them and not making a profit then it is ok. We had a large discussion about this on another board I'm a member to about that particular series and its spin offs as well. This particular site is affiliated with the companies that both created the show and who holds the copyrights, so we got our answers straight from the horses mouths.
Last edited by DBZ KITT on Wed Mar 05, 2003 7:46 pm, edited 1 time in total.
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jup
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knightimmortal
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DBZ KITT wrote:KI - yes and no.
True, it is illegal to sell non-licensed tapes and make money from it. However, if the person is selling them for the costs of the tapes only or trading them and not making a profit then it is ok. We had a large discussion about this on another board I'm a member to about that particular series and its spin offs as well. This particular site is affiliated with the companies that both created the show and who holds the copyrights, so we got our answers straight from the horses mouths.
And this was portaining to ebay. I know the whole concept otherwise, but on ebay, you are going to be making a profit, no matter how hard you say otherwise. I was referring to the original subject, because otherwise, this subject has been done to death about the grand scheme of things portaining to tape trading, selling, etc.
KI
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Michael Pajaro
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Some of the laws go back about 25 years when people were first debating whether or not it was legal to videotape a TV show in the first place.
As I understand it, it is legal to record a TV show for your own personal use. That tape becomes your personal property. If you have a garage sale and want to sell off your old tapes, that is legal. I believe you can charge anything you want for it.
I think there are two situations where you run into trouble; you can't record a TV show with the INTENT to sell it (which would be difficult to prove), and you can't "publicly" sell videotapes. A garage sale is considered private so long as you don't specifically advertise the tapes for sale. The internet is blurring that line between what is considered public and what is private. I don't think an absolute firm ruling has been made on that, but eBay will rightly err on the side of caution.
I don't pretend to know the exact letter of the law, but I think those are some of the issues involved.
Mike
As I understand it, it is legal to record a TV show for your own personal use. That tape becomes your personal property. If you have a garage sale and want to sell off your old tapes, that is legal. I believe you can charge anything you want for it.
I think there are two situations where you run into trouble; you can't record a TV show with the INTENT to sell it (which would be difficult to prove), and you can't "publicly" sell videotapes. A garage sale is considered private so long as you don't specifically advertise the tapes for sale. The internet is blurring that line between what is considered public and what is private. I don't think an absolute firm ruling has been made on that, but eBay will rightly err on the side of caution.
I don't pretend to know the exact letter of the law, but I think those are some of the issues involved.
Mike
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