Legal Question in Entertainment Law in Wyoming

Can I sell a converted PAL tape as long as I sell woth original tape?
I purchased a PAL VHS video of a film. I had a conversion house make an NTSC copy of the tape for viewing. My question is, can I sell this tape on eBay or the likes with the conversion tape? The converted tape is clearly labled that it is a conversion and must remain with the original tape. Thanks for your help!

Asked on 11/20/01, 12:35 am

2 Answers from Attorneys

Bruce Burdick Burdick Law Firm

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Re: Can I sell a converted PAL tape as long as I sell woth original tape?

A single tape with a companion conversion tape is probably okay. If this is done on a large commercial scale, then there is a potential problem as then it is not merely for personal viewing convenience but primarily as a copyright avoidance scheme for commercial gain done in a way that may damage the copyright owner sufficiently to result in legal action. The fact that you propose going on eBay with this makes me skeptical of your intentions. Buying up a thousand PAL tapes will not necessarily give you the right to produce a thousand VHS "companion tapes", which are really just unauthorized copies. In copyright law, it is useful to "follow the money". If your scheme is attempting to divert money from the copyright owner to you, common sense and traditional notions of fair play should tell you that you are headed for trouble.

Answered on 11/20/01, 1:33 am

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