Legal Question in Intellectual Property in Minnesota

Re: Internet Service Start-Up

Congratulations on your new venture. You are wise to look at the legal landscape before going too far.

The primary concern with the business model you describe is to make certain that your act of reproducing them does not infringe anyone�s copyright. While it would be nice to be able to rely on a statement by the person submitting the tape that the person is the copyright owner in the reproduction right, has the authority to authorize you to reproduce them, and will indemnify you in the event anyone claims copyright infringement, the unfortunate reality is that this alone will not guarantee protection simply because the copyright laws do not have an �innocent good faith infringer� defense. But though there is little way to guarantee 100% protection, you will be able to get enough protection to make the remainder be an acceptable business risk.

You also mentioned getting agreement from the parties involved. Although that step is helpful, most such �clearances� pertain to protection in the event that someone appearing in the video objects to having their name or likeness exploited publicly. Merely converting it from VHS to DVD format will not carry that same level of risk.

I definitely suggest that you obtain legal advice from a competent copyright lawyer before launch. Since you have done your homework, I suggest that you consider drafting the paperwork in the form and tone you would like to use, and then hire an attorney to look it over and cover any additional legal details. This will save some money, avoid a cookie-cutter approach, and help make those pesky legal forms take on the personality you want to portray for your business. (At one extreme, long, dense legalese in small type you hope no one reads; at the other extreme �plain language� concise statements you expect your customers to read as a reflection of your way of doing business.)

Good luck, and don�t forget to get real legal advice � I am not your lawyer, and this is intended only to point you in the direction of getting a lawyer. ;-)

John

Re: Internet Service Start-Up

I agree with Mr. Mitchell. I practice in the areas of Internet Law and Business Law, including IP (copyright and TM). If you are convenient to Eden Prairie/ Wayzata area, I could meet with you to discuss issues presented.

You do NOT want to launch your site without the proper protections in place, both state and Federal legal rights secured.