What is the legal status of DVD trading?

[Brinkster]

Can someone explain the basis or rationale on which the tape/DVD trading practice is based? How is it OK to trade copies of TV programs? I guess I just worry about copyright and all of that. Can someone explain how it applies to tape/DVD trading?

[stevea]

https://legalbeagle.com/12722937-cop...s-to-dvds.html

https://legalbeagle.com/6696968-tv-r...ight-laws.html

Key sentence highlighted:

It is legal in the United States and United Kingdom to record live TV for personal use. In U.S. law, recording TV programs for later viewing is protected under "Fair Use." It is legal to physically give out copies of TV recordings to other people, but it is illegal to distribute those copies through peer-to-peer file sharing on the Internet.

Note that according to the linked site, it is illegal to sell copyrighted material. Also trading lists that include retail sets are a board rule violation.

[StarrNoise]

It's fine.

[Brinkster]

Originally Posted by stevea

https://legalbeagle.com/12722937-cop...s-to-dvds.html

https://legalbeagle.com/6696968-tv-r...ight-laws.html

Key sentence highlighted:

It is legal in the United States and United Kingdom to record live TV for personal use. In U.S. law, recording TV programs for later viewing is protected under "Fair Use." It is legal to physically give out copies of TV recordings to other people, but it is illegal to distribute those copies through peer-to-peer file sharing on the Internet.

Note that according to the linked site, it is illegal to sell copyrighted material. Also trading lists that include retail sets are a board rule violation.

Thanks. I understand that time-shifting for personal use is considered "Fair Use" but do not see how that extends to making copies for others. The sentence you quoted from the article above does not cite to any legal authority whatsoever. It appears to be merely someone's opinion, written in a blog. Now, the reality of it is that it may be impractical for the copyright holders of most older shows to find copyright infringements and bring copyright claims against everyone who copies and distributed their shows, but that doesn't mean they aren't violations. What I am trying to understand is if it is truly an assumption of risk situation or whether there is indeed some legal loophole that permits this activity so long as a "sale" is not made, or a profit generated, or something akin to that.

[stevea]

Originally Posted by Brinkster

Thanks. I understand that time-shifting for personal use is considered "Fair Use" but do not see how that extends to making copies for others. The sentence you quoted from the article above does not cite to any legal authority whatsoever. It appears to be merely someone's opinion, written in a blog. Now, the reality of it is that it may be impractical for the copyright holders of most older shows to find copyright infringements and bring copyright claims against everyone who copies and distributed their shows, but that doesn't mean they aren't violations. What I am trying to understand is if it is truly an assumption of risk situation or whether there is indeed some legal loophole that permits this activity so long as a "sale" is not made, or a profit generated, or something akin to that.

These court cases go back to the Betamax days.

Somebody would probably have to research the case law on it. Because trading is such a common practice, you'd have to think the issue has been settled by now.