Re: video previews and videotape renting

Subject: Re: Re: video previews and videotape renting

Comments:
: : I run an online video store that sells videotapes from different manufacturers. At one point in time, I had media : : clips (playable movie files) made from the videos I was selling, for the : : potential customer to preview. I was told this was a copyright : : violation, and threatened with legal action if I did not remove them. : : Not knowing much about the law, I removed them immediately. : : However, Americans have a wealth of legal information on the net, and in : : my research I came across a term called "Fair Use". Two of the preamble : : purposes of Fair Use are criticism and comment. Can I use this clause : : review the videos I am selling, using footage from the tapes, to create : : a report? And can I post these reports on my site? : : I also personally own many of the videos that I sell. The videotapes I : : own are legally manufactured, owned or transferred units. Every piece : : was actually bought, every copyright owner was paid. From what I can : : understand, as long I do not duplicate these videotapes, I am allowed to lend, : : sell, or rent them. I am the owner of the physical container (the : : videotape), and I have distribution rights on that container. : : However, I was told that if I tried to rent the videos I owned, it would : : violate copyright as an 'unauthorized distribution'. I was also told : : renting privileges would cost me licensing fees. : : All the research I have done tonight, seems to tell me they are somewhat : : misinformed. Is there truth to what they say or I within my rights to : : rent? : : Sincerely, : : Chad Bertrand : Dear Mr. Bertand, : Even if you are right, and I don't think you are, you could be sued. The cost of defense could be a terrible burden. : Yes there is a "Fair Use". My quick understanding of the law does not bring you into a "Fair Use". : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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