Legal Question in Intellectual Property in California

I am interested in knowing if there is situation of copyright infringement by copying certain things from the internet WITHOUT distributing them and WITHOUT selling them, and for personal enjoyment only.

I realize that the answer may vary depending on the item so here goes:

1) Photos or jpegs of any sort. Again, personal enjoyment only.

2) Youtube videos.

3) online Videos of old TV shows which are NOT available and never came put on DVD.

4) free Videos posted online as a form of advertising for other videos.

I am not posting or distributing those in any way.

Thanks

Eric


Asked on 5/24/10, 2:18 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You might be infringing someone's copyright by downloading YouTube videos. If so, don't do that, it's against the law. As a practical matter, the copyright holder might not care, or might not even find out, with one exception: If you must take the risk of illegally downloading copyrighted material, whatever you do, don't use Peer-To-Peer software like BitTorrent, if you were to use P2P software to download content you would also be simultaneously uploading the content to the whole world, which is a sure way to get in lots of trouble.

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Answered on 5/25/10, 12:30 pm
Kevin B. Murphy Franchise Foundations, APC

Most attorneys will tell you if you are copying items that are copyrighted, you are infringing on the copyright - in the absence of an exception (like fair use). Consult with an attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 5/25/10, 12:53 pm


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