Legal Question in Intellectual Property in Texas

Legal to distribute videos under 'Berne Act'?

There are many websites on the net that operate in the US that distribute copies of hard-to-find foreign films (mostly horror). They simply duplicate the videos numerous times and sell the copies. Every one of them claims protection from copyright laws under the 'Berne Act'. This act, according to these sites, allows anyone in the US to freely distribute videos that ''were never released in the USA, and are therefore considered public domain.'' Most of these seem to reputable companies (and many have been in business for years). Is this legal? I am thinking of going into this business and want to make sure first.


Asked on 4/22/03, 12:23 am

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Legal to distribute videos under 'Berne Act'?

The Berne Act reduces the formalities required for copyright protection. Release of a movie or video is no longer required as a prerequisite to protection. Rather than release, I wonder if you meant registration. In the US registration (or application for registration) is not required in order to have a copyright, but IS required in order to enforce a copyright through Court action, because registration (or application for registration) is a jurisdictional prerequisite for Court action. What you are proposing is legally risky since the foreign film owner could apply for registration and sue to prevent your continued distribution of the work. Unless they are very old, the foreign films you describe are probably NOT public domain.

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Answered on 4/22/03, 12:53 am


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