Legal Question in Intellectual Property in California
I wanted to know if it is illegal or legal to start a website for trading online movies that are in a pc or laptop hard drive. It is like sending movies that you bought from a online store and could send it to another person.
4 Answers from Attorneys
That's a no-no. Copyright violations are serious, expensive and could also lead to criminal charges. Be careful.......
No, it's not okay to distribute someone else's property, which is what you're asking. It isn't at all like buying a copy and sending that copy to someone else.
Under the copyright law provision for "first sale", if you buy a physical copy of a work (such as a book in a bookstore), you are entitled to transfer that original physical copy to someone else. You may not, however, make a copy of the book and give someone a copy. In the case of electronic copies (such as movies or music on the Internet), there is no physical copy for you to transfer to another person so the "first sale" rule doesn't apply (the movie would still be present in electronic form in both places).
it is categorically illegal. This could give rise to a lawsuit that'd cost you Millions!
Subject to taking certain legal steps, it is possible to do such business through a website.
For a detailed opinion on how to do this business legally, write email to [email protected].
Seshadri Srinivasan Esq.