Legal Question in Intellectual Property in Utah
Selling recorded TV Broadcasts
I was recently looking on eBay and noticed many people selling episodes of many popluar TV shows and one-time events (SuperBowl, etc.). I know of friends who also were doing things similiar and they were ''contacted'' by lawyers representing those who felt their copyrights were being infringed upon.
I have read a bit about the ''Fair Use Act'' which applies to recording TV and am wondering if those people are protected under that act? Is one protected by the fair use act if they record a show, with commercials, and then give that tape (or DVD) away for a shipping and handling fee only? What about rebroadcasts of events over 25 years old (ESPN Classic).
2 Answers from Attorneys
Re: Selling recorded TV Broadcasts
Recording or copyrighted shows such as the Super Bowl is an infringement of the copyright laws. The Fair Use Act does not protect such people. They can - and are - sued and prosecuted.
Re: Selling recorded TV Broadcasts
As with music, you are allowed to share with your friends (there's a de minimis, realistic issue at work here, not necessarily the agreement that this sort of copying is ok), but EBay is so far over and above most people don't require their friends to pay shipping and handling), that it can hardly be said to constitute fair use.
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