Legal Question in Intellectual Property in California

Re: Distributing via the internet

Strictly speaking, only the copyright holder has the right to create any form of derivative work from his/her/its copyright. What you are talking about is making such derivative works, so, no you don't have any right to do it. Copyright infringement is not based on profitability, so whether you charge for infringing works is irrelevant. As far as I know, there NO a requirement that a cease and desist notice be in writing at all, much less sent by certified mail. In fact, a copyright holder could probably bring an action without warning you in advance.

A few years ago, I worked at one of the major studios that has a number of highly successful, and fan-intensive, television series. The dilema we, and others like us, faced is the legal obligation to protect our rights while at the same time not discouraging our fan base. I would suggest that, in your case, you contact the owners of the series and request permission to continue to do what you are doing. They may just grant your request. If they refuse, then you should stop what you are doing.

This is not intended to be legal advice and no attorney-client relationship is created between the poster of this response and the questioner.

Re: Distributing via the internet

Whether the transcriptions infringe the copyright depends on the circumstances, but I wouldn't give you even odds in federal court if you are going up against a team of lawyers from Hollywood.

I don't believe there is any requirement to send a cease-and-desist letter, by certified mail or otherwise, so I am not prepared argue that such a notice by email has no validity. If you have received notification of any kind from the copyright owner, I strongly encourage you to speak with an attorney who has some experience in this area of the law.