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Old 05-12-2004, 01:35 PM   #31
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Default Is it illegal to buy?

Yes.

You are buying "bootleg" tapes, which the copyright holder does not get paid for.

By purchasing these tapes, you are breaking the law just as much as the seller is.
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Old 05-12-2004, 02:24 PM   #32
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Default Re: Is it illegal to buy?

zabadu,

In the USA I have yet to hear of anyone getting arrested for buying, let alone selling. Have you heard of any such case where a buyer was charged?

With eBay, bootleg sellers are slapped on the hand and then eventually suspended if need be, whereas the bidders aren't charged in any way.

It's best to be on the safe side, IMHO, and ethically, I would have to agree with you.
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Old 05-12-2004, 02:31 PM   #33
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Default Laws

Federal Laws
The three primary federal laws used to combat this crime are:


1) U.S. Copyright Law {Title 17 U.S.C. Section 101 et seq., Title 18 U.S.C., Section 2319 and Section 2319A**: The federal law protects sound recordings first "fixed" as of February 15, 1972. The law protects copyright owners from the unauthorized reproduction or distribution of sound recordings to the public. Section 2319 applies only to those recordings that are "fixed" with authorization on or after February I 5, 1972 (that is, when the performance is put into a tangible form such as a tape, record or CD).
Those recordings "fixed" prior to February 15, 1972, are protected by criminal law through a state's unauthorized duplication statute. On the civil side, recordings are protected by a state's competition laws.

Criminal sound recording copyright infringements are punishable by up to five years in prison and $250,000 in fines. Repeat offenders can be imprisoned up to 10 years. <b>Individuals may also be held civilly liable to the copyright owner for actual damages or lost profits or for statutory damages up to $100,000 per infringed copyright.</b>


2) Trafficking In Counterfeit Labels {Title 18 U.S. C., Section 2318**: This statute covers counterfeit labels intended to be affixed to a sound recording. A "counterfeit label" includes any component of the entire package of a prerecorded audio cassette, company disc or album cover. The definition also extends to a situation where counterfeiters have simulated "genuine" labels that have not previously existed. A person can be convicted under this law for trafficking in a finished product that contains a counterfeit label, as well as a component of that product, such as the insert card for an audio cassette. This statute imposes penalties of up to five years in prison and/or $250,000 in fines.

3) Trademark Counterfeiting {Title 18 U.S.C. Section 2320**: This statute deals with sound recordings that also contain the counterfeit trademark of the legitimate manufacturer or artists. The statute covers the "trafficking" as well as attempting to traffick goods containing the counterfeit marks. The penalties imposed by this statute for legal entities, such as corporations, range from $1 million to $5 million. Penalties for individuals range from five years in prison and/or $250,000 in fines to 15 years in prison and/or $1 million in fines.

4) Anti-Bootleg Statute {Section 2319A**: This federal anti-bootleg statute was created in December 1994. Like the pre-existing state statutes, the new federal statute criminalizes the unauthorized manufacture, distribution or trafficking in sound recordings and music videos of "live" musical performances. However, the federal statute also provides for the seizure of bootleg recordings or music videos manufactured outside the United States by U.S. Customs at the point of importation. In effect, bootleg recordings are now subject to seizure and forfeiture in the same manner as other property in violation of customs laws.

State Laws
Nearly all states have piracy related laws that make it a criminal offense to pirate, counterfeit or bootleg audio recordings. The three most commonly used state laws are:

1) True Name and Address Statute: This statute mandates the actual name and address of the manufacturer of a sound recording be displayed on the packaging. Because pirates, counterfeiters and bootleggers generally do not display their true name and address on illegal product, they are usually in violation of this statute. All sound recordings, regardless of the date of fixations are covered under this statute.

2) Unauthorized Duplication Statute: Pirate and counterfeit sound recordings "fixed" prior to February 15, 1972 are covered by this statute.

3) Anti-Bootleg Statute:Arenas, promoters and performers are protected against piracy under this statute, making it a crime to manufacture the sounds of a live performance of an artist and to distribute these reproductions.

Many of these state statutes carry a maximum penalty of up to five years in prison and a $250,000 fine; other state statutes carry misdemeanor penalties.
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Old 05-12-2004, 02:35 PM   #34
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Default article

from:
http://www.team4news.com/Global/story.asp?S=1722730


"However, FBI agents are cracking down on the sellers, buyers and makers of the illegal movies here in the Valley.

If convicted, offenders could face some tough penalties. "it depends on the circumstances, but they're looking at five years, maybe $250,000 of fines," Cisneros said.

Cisneros said that consumers could also face charges. Bootleg copies of the movie are also being sold on internet auction sites, and there are even web sites where you can download an entire copy of the movie. "
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Old 05-12-2004, 02:38 PM   #35
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Default and more

From the Georgia State School of Law:


Another area of illegal online auctioning activity is the unauthorized sales of copyrighted works.

Copyright infringement, under 17 U.S.C. § 501 occurs when <b>anyone</b> violates the exclusive rights of a copyright owner as provided in section 106 through 121, which includes the right to reproduce copyrighted works. [25 ]

The problem is, Internet users are not especially concerned with copyright infringement, despite the fact that it can result in civil and criminal penalties.

[26] It has gotten to the point where online auction houses have facilitated unauthorized sales of movies not released to video, copyrighted movie trailers, and bootleg copies of movies still in the theatre.

[27] Online auction houses provide video pirates anonymity and a larger forum to conduct their business, depriving copyright owners of billions of dollars in profits.

[28] As more websites devote themselves to online auctions, the broader the customer base for these bootleggers.
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Old 05-12-2004, 02:46 PM   #36
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zabadu,

Personally, I think that tape trading will eventually be illegal in the USA as it now is in Canada and other countries. As I understand it, tape trading is in the grey area.

Thanks for sharing the information. I certainly appreciate being made more aware of laws surrounding tape trading.
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Old 05-12-2004, 02:53 PM   #37
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Trading or buying, you are still infringing on copyright.
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Old 05-12-2004, 03:03 PM   #38
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zabadu,

Technically, wouldn't it be infringing copyrights copying a movie off of TV?
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Old 05-12-2004, 03:05 PM   #39
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Default Taping from TV

Yes.

Ebay also considers these illegal, although they do a poor job of policing their sellers.

Here's an article on tape trading. If you exchange ANY money for tapes (including "here's $3 for the cost of the tape), you are technically in violation of the law.

http://www.wired.com/news/culture/0,1284,9532,00.html

Anyone on these boards offering to sell DVD/VHS copies is in DIRECT violation of the law.
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Old 05-12-2004, 03:10 PM   #40
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Default Taping from TV, part 2

Copyright Restrictions for Copying (Duplicating) Video Recordings:
Violation of copyright law is a serious concern when videotape duplication is performed. Any violation of copyright law can potentially put the AV Department, it's personnel, the College and you at risk for criminal prosecution or civil suits.

Therefore, the AV Department has strict restrictions regarding what matter may be duplicated. In order to copy any videotaped program which you are not the producer or author of, you must have received explicit written consent from the copyright holder for that program. This means we cannot make a copy of the video you may have rented, or a program you have taped from television without this explicit written permission. In most cases most video program producers will not provide this permission, and will instead encourage you purchase your own copy directly from them or from a store. In a few rare cases a producer may give such permission if that program or tape is otherwise unavailable.

Audio Visual Services will not make any copies of commercially produced or televised programming without express written permission from the copyright holder. There are no exceptions.

What Can Be Duplicated:
Personal tapes which were videotaped by you. This includes personal camcorder tapes or any programs for which you are effectively the copyright holder.
Classroom tapes recorded with HCAV equipment.
Programs recorded or produced by Haverford College.
Programs for which you have express written permission from the copyright holder to duplicate. A copy of this permission must be provided to HCAV when a duplication request is made.
Tapes that fall under the guidelines of Section 108 of the copyright code: Section 108 (17 U.S.C. Section 108) allows libraries to make a copy "solely for the purpose of replacement of a copy or phonorecord that is damaged, deteriorating, lost or stolen, if the library or archives has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price." This right of reproduction does not permit the making of backups.


What Cannot Be Duplicated:
In general HCAV cannot legally duplicate any of the following materials:

Commercially produced videocassettes. These may include movies, television programs, or other programs.
Tapes of programs which have been recorded from other tapes, DVDs, or laserdiscs, or from cable TV, broadcast television, or any other broadcast source.
Non-commercial tapes for which the customer is not the producer or copyright holder. These may be demonstration tapes, corporate videos, music videos, etc.
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Old 05-12-2004, 03:12 PM   #41
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Here's the link for the above information:

http://www.haverford.edu/av/copyright/viddup.html

Jen
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Old 05-12-2004, 03:24 PM   #42
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Default thank Jen

Thanks, my computer locked up and I had to reboot. That is the correct addy.
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Old 05-12-2004, 10:57 PM   #43
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Hey hugmonster,

My b-day is tuesday. Happy birthday to use both! Sorry to hear about this new scammer. There is another one in Ohio Richard Johnson who goes by Joe and Patricia S something and email gothamaster@aol.com I wonder if they are the same person but probably not since there was a religious note. I thought that was weird for a scammer to send that.
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