Legal Question in Intellectual Property in New York

Re: Making copies of dvds

I reiterate what others have said: copying and distributing DVDs of feature films without written permission from the copyright holder, whether or not you profit from the distribution, is very likely to be found to be copyright infringement, not within the limited fair use exception.

The copyright laws of the United States provide authorization for the copyright holder and no one but the copyright holder to make and distribute copies of his/her work. There's nothing there about an exception for copying and distributing without profit.

In the case of feature films, the copyright holder is usually a motion picture studio; they defend their copyright zealously.

This response is general information and should not be construed as legal advice. You should consult your own attorney regarding your particular legal situation.

Re: Making copies of dvds

Copyright law protects against unauthorized reproduction (copying) whether or not it is done for profit. There is a narrow exception for home (personal) copying within the concept of "fair use" but anything done as part of a commercial enterprise is likely not to qualify for this treatment. While your customers may not be paying separately for the "free" items, these are promotional products meant to boost your sales and I do not think you would have a valid defense against an infringement action with such use.

The above response is in the nature of general information, is not legal advice and should not be relied on as such.

Re: Making copies of dvds

Allow me to echo what attorney Frenkel said, distributing free copies of copyrighted DVD's is likely a double violation of the Copyright Act (copying and distribution). The mere fact you are not making a profit directly is unlikely to spare you liability.