Legal Question in Intellectual Property in Tennessee
TV appearances and Copyright laws
I have been a fan of Ty Herndon (he is a country singer) since 1995, and I have several TV appearances with him on my private video tape. These include an appearance on the Donny and Marie show, several shows on Great American Country and TNN, and some music videos off of GAC and CMT. It has interviews and special performances on the show of his music. I have several internet Ty friends who do not have these in their library or have never seen them before. Would it be all right if I made copies of my tape and sent them to my internet friends? I am only asking that they reimburse shipping. I know that it is not ok to copy things that are for sale in the marketplace, but none of these things are. Thanks for answering Lord Willin.:)
1 Answer from Attorneys
Re: TV appearances and Copyright laws
Copyright law protects not only commercially-available works, but all works. Commercial loss may affect damages, but even in non-commercial cases the law provides for statutory damgages even without proof of any actual harm from the infringement. Not only would your copying your tapes be actionable infringement, your continued use and possession of these tapes could be (you are allowed to record to be able to view the broadcast work at a more convenient time, but not to retain the copy for repeated viewing).