Legal Question in Consumer Law in North Carolina
Selling ''bootleg'' DVDs
I just received bootleg DVDs from a seller on e-bay. Is it illegal to sell these and do I have any recourses to take to get back $100 (that my son earned)? These DVDs were advertised as new, but I assumed that they were original and not ''new'' bootlegs. Please help us?
2 Answers from Attorneys
Re: Selling ''bootleg'' DVDs
1) How do you know they are "bootleg"?
2) You need to notify e-bay.
3) COntact the seller directly by phone or e-mail (with a CC to your attorney)
4) Report them to the SPA (software publishers assn)
Re: Selling ''bootleg'' DVDs
Assuming that these are "bootlegs," defined loosely as copies of copyrighted material, then it probably was illegal for the seller to sell them. That would subject the seller to various sanctions, by the owner of the copyright, as well as perhaps criminal sanctions. You may also try to contact the copyright owner (artist), as they have an interest in enforcing those laws also. Your primary concern, however, seems to be with your rights. You cannot sell this either. You should of course contact the seller and request a refund, and you should be entitled to a refund. Ebay may offer some recourse also. If the seller refuses to comply, you would have to sue to enforce your rights, but that may not be practical.