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TGTIW 10-03-2008 05:27 AM

Quick hypothetical law question
 
Since you guys are so smart (I'm being sincere,) I want to throw out a question.

Let's say someone purchases a video (not porn) that uses entirely unlicensed music. Ultimately, who could be held accountable? The person who purchased the video and currently has it in their possession, the store it was purchased from, or the producer/production that created the video and sold it to the store?

I think it would ultimately come back to the producer, based on my understanding of entertainment law, but the store in the middle is throwing me off.

thanks,

id10t 10-03-2008 05:34 AM

The person that distributed it...

competentone 10-03-2008 08:14 AM

Quote:

Originally Posted by TGTIW (Post 4216242)

Let's say someone purchases a video (not porn) that uses entirely unlicensed music. Ultimately, who could be held accountable? The person who purchased the video and currently has it in their possession, the store it was purchased from, or the producer/production that created the video and sold it to the store?

I think it would ultimately come back to the producer, based on my understanding of entertainment law, but the store in the middle is throwing me off.

I'm not sure what "entertainment law" is. Copyrights fall under "intellectual property law."

The case law on copyrights -- established in the print world long before videos were invented -- pretty much protects stores engaged in the distribution of an infringing work. It is the producer/publisher who is on the hook for the infringement since they are the ones who used another party's copyrighted material without consent of the owner of that material.

The person purchasing, at the retail level, a mass-marketed infringing work is completely protected. (Which is different from circumstances where, for example, an individual might knowingly download pirated music.)


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