# Copyright/broadcast/duplication question

**URL:** <https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576>\
**Category:** Factual Questions\
**Created:** [April 9, 2002, 12:25am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576 "2002-04-09T00:25:22Z")\
**Posts on this page:** 19\
**Page:** 1

<div class="post-metadata">

**Author:** ![SenorBeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senorbeef/32/2220_2.png) [@SenorBeef](https://boards.straightdope.com/u/SenorBeef)\
**Post date:** [April 9, 2002, 12:25am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/1 "2002-04-09T00:25:22Z")

</div>

Ok, I plan on making a copy of a few episodes of a series for a person on the internet who lacked these from their collection. They’re going to pay me for shipping, tapes, and a some extra for my trouble. Is it illegal to do this? The stuff in question was publically broadcast - they just happened not to get them on tape, while I did. Am I doing anything wrong?

---

<div class="post-metadata">

**Author:** ![Mr.Blue\_Sky](https://avatars.discourse-cdn.com/v4/letter/m/d26b3c/32.png) [@Mr.Blue\_Sky](https://boards.straightdope.com/u/Mr.Blue_Sky)\
**Post date:** [April 9, 2002, 12:35am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/2 "2002-04-09T00:35:00Z")

</div>

IANAL. I do not condone the the violation of federal copyright laws.

Legal to make a copy for yourself? Yes

Legal to sell a copy to your friend? No

Odds of getting caught? Virtually nil

You COULD make a copy of the shows for yourself and let your friend “borrow” them and “lose” them. He COULD then compensate you the loss of your TAPES (not the content) and the postage.

---

<div class="post-metadata">

**Author:** ![SenorBeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senorbeef/32/2220_2.png) [@SenorBeef](https://boards.straightdope.com/u/SenorBeef)\
**Post date:** [April 9, 2002, 12:39am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/3 "2002-04-09T00:39:56Z")

</div>

Ah. Someone posted on a message board about needing a few episodes, and offered a decent chunk of money for anyone who’d go through the trouble. I arranged to take care of it… and I don’t know this person. My friend suggested that it could be a sting of some sort, since it was technically illegal, and I was wondering if it was.

---

<div class="post-metadata">

**Author:** ![SenorBeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senorbeef/32/2220_2.png) [@SenorBeef](https://boards.straightdope.com/u/SenorBeef)\
**Post date:** [April 9, 2002, 12:41am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/4 "2002-04-09T00:41:00Z")

</div>

Oh, and yes, I realize how minor this all is, and wouldn’t even warrant a sting, but I still thought I’d ask about the legality of it. I figured since I wasn’t selling it for the purpose of profit (although I received some money for my effort), it’d be alright.

---

<div class="post-metadata">

**Author:** ![SenorBeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senorbeef/32/2220_2.png) [@SenorBeef](https://boards.straightdope.com/u/SenorBeef)\
**Post date:** [April 9, 2002, 12:51am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/5 "2002-04-09T00:51:40Z")

</div>

As long as we’re on the subject, does anyone know offhand where I could find the relevant law about this?

---

<div class="post-metadata">

**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\
**Post date:** [April 9, 2002, 12:55am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/6 "2002-04-09T00:55:38Z")

</div>

Illegal beyond the dreams of avarice.

Enforcable? Probably not.

And you can’t go anywhere better than the source…

[The United States Copyright Office](http://www.loc.gov/copyright/)

---

<div class="post-metadata">

**Author:** ![ZipperJJ](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zipperjj/32/211_2.png) [@ZipperJJ](https://boards.straightdope.com/u/ZipperJJ)\
**Post date:** [April 9, 2002, 1:10am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/7 "2002-04-09T01:10:16Z")

</div>

If this is a law, why do broadcasters of sports games on TV and radio always read the disclaimers and you rarely (if ever) hear it in association with TV shows and movies on TV?

I’m not doubting it’s a law, btw. Just curious as to why they have to say it. Is it to let people know you have to get permission from the MLB (or NBA or NFL, etc) instead of the station?

---

<div class="post-metadata">

**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\
**Post date:** [April 9, 2002, 2:34am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/8 "2002-04-09T02:34:52Z")

</div>

MLB make the announcement routinely to be sure people are aware that they can’t do it. It’d be illegal otherwise, but by annoucing it, no one can argue that they didn’t know. Since copyright violation is a civil violation and not a criminal one, it adds one more weapon in MLB’s arsenal if they go to court.

---

<div class="post-metadata">

**Author:** ![ElwoodCuse](https://avatars.discourse-cdn.com/v4/letter/e/edb3f5/32.png) [@ElwoodCuse](https://boards.straightdope.com/u/ElwoodCuse)\
**Post date:** [April 9, 2002, 3:45am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/9 "2002-04-09T03:45:34Z")

</div>

The “extra” is the sticking point. The term I often hear is B&P–blanks and postage. The idea among concert bootleggers and episode traders I’ve always understood is that you send them some blank CDs or tapes and a pile of stamps, and you’ll get the media back with the content.

---

<div class="post-metadata">

**Author:** ![ZipperJJ](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zipperjj/32/211_2.png) [@ZipperJJ](https://boards.straightdope.com/u/ZipperJJ)\
**Post date:** [April 9, 2002, 5:50am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/10 "2002-04-09T05:50:16Z")

</div>

Many bands that I know of have a taping policy and also note that it’s ok to trade 1:1 for shows. They also consider it ok to do B&P as long as it’s not an unreasonable amount (in my trading days i’d always “charge” $2 per audio tape, because I bought the good $2 ones, and 50 cents per tape for postage).

However, this is with the band’s consent to do this. Bands that explicity let this happen get even more mad when people capitalize on their bootlegs, because they are offering them a chance to do it for free.

I wouldn’t think this applies to TV shows, however. I don’t see networks giving explicit bootlegging rights. In fact, I’ve heard some reports that they’re getting itchy about some new proposed TiVO-like systems that would let you tape shows and send them to people.

But, like everyone else has said, there’s a slim to none chance anyone will care what you do. I used to go to the post office 1 or 2 times a week with big packages of bootlegs to send all over the world and no one batted an eye. I once got a box of 26 videos from Canada and no one cared.

---

<div class="post-metadata">

**Author:** ![rjung](https://avatars.discourse-cdn.com/v4/letter/r/45deac/32.png) [@rjung](https://boards.straightdope.com/u/rjung)\
**Post date:** [April 9, 2002, 7:05am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/11 "2002-04-09T07:05:10Z")

</div>

I know someone who got busted by the FBI for making copies of copyrighted TV shows. Even though the shows (cartoons, actually) never aired in North America, he was high-profile enough to get whacked by it.

Somebody at the FBI must have had a lot of spare time, IMO. 🙂

---

<div class="post-metadata">

**Author:** ![RM\_Mentock](https://avatars.discourse-cdn.com/v4/letter/r/e274bd/32.png) [@RM\_Mentock](https://boards.straightdope.com/u/RM_Mentock)\
**Post date:** [April 9, 2002, 7:37am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/12 "2002-04-09T07:37:50Z")

</div>

> [@](#):
>
> \*Originally posted by Mr. Blue Sky \*  
> **Odds of getting caught? Virtually nil**

Except, in this case, I think they are a bit higher, because of the circumstances. Could be a sting. If it’s a lot of money, it probably definitiely is.

---

<div class="post-metadata">

**Author:** ![SenorBeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senorbeef/32/2220_2.png) [@SenorBeef](https://boards.straightdope.com/u/SenorBeef)\
**Post date:** [April 9, 2002, 10:03pm UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/13 "2002-04-09T22:03:18Z")

</div>

> [@](#):
>
> \*Originally posted by RM Mentock \*  
> \*\*
> 
> Except, in this case, I think they are a bit higher, because of the circumstances. Could be a sting. If it’s a lot of money, it probably definitiely is. \*\*

I thought it was a matter of civil/patent law, not criminal? If so, how would the FBI run “stings” on it?

Besides, wouldn’t that be entrapment?

---

<div class="post-metadata">

**Author:** ![ricecake](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@ricecake](https://boards.straightdope.com/u/ricecake)\
**Post date:** [April 11, 2002, 5:00am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/14 "2002-04-11T05:00:40Z")

</div>

You are allowed to make copies for yourself, but not allowed to sell them under the home recording act. I wouldn’t worry about getting caught though, as long as you don’t have some kind of huge underground operation cranking out huge amounts of media for black market distrobution. The regulatory agencies have better things to do with their time than to crack down on one person copying/selling a tape to another person, but it’s better to be safe than sorry.

---

<div class="post-metadata">

**Author:** ![ricecake](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@ricecake](https://boards.straightdope.com/u/ricecake)\
**Post date:** [April 11, 2002, 5:02am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/15 "2002-04-11T05:02:13Z")

</div>

distribution even…

---

<div class="post-metadata">

**Author:** ![kanicbird](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kanicbird](https://boards.straightdope.com/u/kanicbird)\
**Post date:** [April 11, 2002, 9:31am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/16 "2002-04-11T09:31:25Z")

</div>

IF you didn’t take “a little money for yourself” or whatever you said, I think you are ok in doing that.

---

<div class="post-metadata">

**Author:** ![RM\_Mentock](https://avatars.discourse-cdn.com/v4/letter/r/e274bd/32.png) [@RM\_Mentock](https://boards.straightdope.com/u/RM_Mentock)\
**Post date:** [April 15, 2002, 1:21pm UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/17 "2002-04-15T13:21:46Z")

</div>

> [@](#):
>
> \*Originally posted by SenorBeef \*  
> \*\*
> 
> I thought it was a matter of civil/patent law, not criminal? If so, how would the FBI run “stings” on it?
> 
> Besides, wouldn’t that be entrapment? \*\*

Are stings entrapment? Boy, there is a subject for another column.

---

<div class="post-metadata">

**Author:** ![SenorBeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senorbeef/32/2220_2.png) [@SenorBeef](https://boards.straightdope.com/u/SenorBeef)\
**Post date:** [April 15, 2002, 5:45pm UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/18 "2002-04-15T17:45:05Z")

</div>

Well, I meant… if they come on a bulletin board and say: “Hey, I need some tapes, I’ll give anyone cost + s/h and a little extra for your trouble”, they’re enticing you to do something you didn’t set out to do, so that’s entrapment, right?

---

<div class="post-metadata">

**Author:** ![happyheathen](https://avatars.discourse-cdn.com/v4/letter/h/b5e925/32.png) [@happyheathen](https://boards.straightdope.com/u/happyheathen)\
**Post date:** [April 16, 2002, 12:45am UTC](https://boards.straightdope.com/t/copyright-broadcast-duplication-question/102576/19 "2002-04-16T00:45:47Z")

</div>

you make a copy, transfer it (with or without compensation) to another.

If the content is copyrighted under US law, and you are not licensed to distribute said content, YOU ARE VIOLATING US COPYRIGHT LAW.

What part of ‘COPYRIGHT VIOLATION’ do you not understand?

yes, if busted, you would be welcome to try a defense based on entrapment - judges need giggles too.
