Legal Question in Intellectual Property in United Kingdom
Recording Part of a Videotape Not Available in the United States for Home Use
I recorded a for-TV-movie on video tape that later my father partially recorded over with the driest, dullest JFK conspiracy documentary ever... My sister purchased a second hand copy of the movie that was released on video, which is very hard to find. I contacted the copyright holder in the United Kingdom (UK) to ask if the TV movie in VHS format was in distribution. It is, but only in the UK in a PAL recording standard that is not compatible with the standard used in the United States. Since the for-TV-movie released on video is not available in the U.S., would I violate copyright law if I copied just part of my sister's tape needed to replace the missing portion of my tape since it will be for personal, home use and not for profit, sale, or distribution?
1 Answer from Attorneys
Re: Recording Part of a Videotape Not Available in the United States for Home Us
A single copy for home, non-commercial viewing is permissible under the copyright laws. The problem is this is a second copy, not for backup. As a practical matter, no one is going to object to your repairing the copy you had. While it may technically copyright infringement, there are no copyright police except US Customs under certain circumstances or law enforcement officers acting pursuant to court order, so there is no one to punish you except the copyright owner, who sounds as if they do not care. If someone took you to court over this they would be met with great hositility by any Judge being bothered with such minor infringement.
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