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Posted by M. Arthur Auslander on August 09, 2000 at 04:01:26:
In Reply to: VIDEOS???????? posted by Alex R Polston on August 08, 2000 at 19:40:03:
: Is it truely legal to sell films that are not available in the United States? I don't mean films that are out of print. I mean films that have no US release and show no US copyright warning on them. If it is illegal, than how come some public domain video houses that have been around for over 25 years? All of these companies use the Berne Act as the basis for being able to sell these films. What does this act really say and can you transfer these films legally? If anybody can help me on a few or all of these questions than please do so. Your help is appreciated. Thanks
Dear Mr. Polston,
I'd have to do research to answer the question. My guess is that because under the Berne convention a copyright notice is not required for copyright protection that, the copyright is still there. A copyright notice is not required in the US.
I also believe, without research, that, in the UK a copyright does not even have to be registered to be enforced.
The copyright cannot be enforced in the US until it is registered and notice has been given if there is no copyright notice.
With out a copyright notice and without prompt application rights are curtailed.
M. Arthur Auslander
The Intellectual Property Law Server
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