Legal Question in Technology Law in California

Re: Selling old movies copied to DVD

Your plan of action would indeed violate the owners' copyrights, even if you arranged for the copying to be done overseas.

Would you get into trouble? Maybe. There are two types of trouble you might face.

The first type is criminal liability. Have you noticed that the first thing you see on most (legitimate) videos and DVDs is a screen that says "FBI Warning"? It's there for a reason. Next time you play a DVD, take a moment to read what this warning says. You won't like it. And keep in mind that each unauthorized copy you make is a separate violation; if you make 1,000 copies you can be punished 1,000 times.

The FBI doesn't have the resources to go after every violator, but that doesn't make bootlegging legal and there is a very real risk you will be caught. Additionally, the U.S. government has been pressuring the countries where most of the copying is done -- especially China -- to crack down on violators, which means that even if you aren't targeted your contractors might be.

The second type of trouble you might face is civl liability. As in the criminal context, so many people do this that the motion picture industry can't pursue them all. The industry has recently begun cracking down by suing many more infringers than it had in the past, so the odds that you will be sued are higher now than they would have been just a few years ago. Infringers can be forced to pay substantial damages for each violation, and they add up fast.

People who try to "earn" a living selling unauthorized copies are much more likely to be sued than those who just make a few copies for friends and family. And businesses which operate on a large scale and/or have a high profile are even more likely to be targeted.

So, how can people get away with selling bootleged films? As I said, because there are too many violators to hold them all accountable. But the fact that these sellers haven't been stopped *yet* doesn't mean they won't be in the future.