Legal Question in Intellectual Property in Texas

I own a record shop and I have VHS video cassettes & Audio cassettes. These items have been out of production for at least fifteen years. My question is: Can I provide a service where I reproduce one copy for each VHS into a DVD and provide a service where I reproduce one copy of each audio cassette to a compact disc? The VHS videos are the only ones left of old Tejano Music Awards shows which they have not video tape the awards in the last fifteen years. The audio cassettes are between fifteen and thirty years old and to my knowledge they were never made in compact disc. I have customers that want these items but they do not have equiptment to play them on. I tell them that on the internet there are plenty of companies that will provide the service but they are not interested in mailing and waiting when I have the equiptment to do it.


Asked on 2/22/10, 11:41 am

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Google "fair use checklist columbia". That will bring up a web page that has a link to a pdf checklist of the factors that go into determining whether what you propose is a fair use. If you are only making a single copy for purposes of making an original usable on modern equipment, you are probably okay. If, owning a record store, you a going to sell multiple copies that is probably not okay. But, run through the list and see the factors that need to be considered. Some are in your favor and others are not. Also, consider who the copyright owner is and whether there is any chance they would be interested in spending their money enforcing a copyright against you for this. I doubt that there would be any such interest. You might go ahead with the service and then stop if confronted by someone seriously threatening you, which I think is unlikely to ever occur. This is not legal advice just practical business advice.

Read more
Answered on 3/02/10, 9:00 pm


Related Questions & Answers

More Intellectual Property questions and answers in Texas