Legal Question in Intellectual Property in New York

Is it legal to sell homemade pornography that people have posted for free onover the internet?

What I mean, is, there are youtube type sites where people upload their own homemade pornography for all to see and download. Is it legal for someone to download that pornography and then sell it to a third party for profit?


Asked on 10/27/09, 9:01 pm

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Why would they buy it from you if they can get it for free on the internet?

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Answered on 11/01/09, 9:46 pm
Steven Mark Steven Paul Mark, Attorney at Law

The basic answer is that it would still very likely be unawful--a copyright infrngement and, possibly, a violation of the terms of service of the applicable hosting site.

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Answered on 11/02/09, 10:05 am


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