Copied DVD - this can't be right, surely?

fridayschild_2

I bought, as a buy it now, a DVD of an old film.

The picture just showed, what appeared to be, the DVD in its case as you would normally expect.

Today I received a cardboard envelope with a loose disc inside, obviously mass copied with a tiny picture - the same one used in the listing - printed on it.

I emailed the seller saying that I was very disappointed as this was not at all what I was expecting and got this reply....

Hello there I am sorry to hear you are disapointed with your purchase. Unfortunately this title has never been released on DVD and is unavailable otherwise. There is another on here selling the same thing with a £10.00 price tag so I thought I was offering a good service for this price delivered. Most of the items I sell are out in the public domain or have been long since forgotten about. I dont offer cases and covers to keep the costing down.

The point is, I would never have bid on the item if there had been any clue that's what I would be getting.

Is this, at the very least, breach of copyright? I believe the film was from 1962 if that makes a difference and it seems that he has either copied the VHS version or downloaded it from the internet. Either way, this can't be legal, can it?

Can I report him to anyone? If so who?

Thanks.

gardner1

if the film is out in the public domain he is doing nothing wrong

fridayschild_2

gardner1 wrote: »

if the film is out in the public domain he is doing nothing wrong

Really? You mean its ok for him to copy it off the internet and sell it on?

What about the ebay side of it then? There was nothing about it being a copy etc in his description.

theoretica

A film from 1962 will not be public domain unless special released (eg by NASA). Being readily available on the internet is not the same thing. I am not sure which ebay complaint class selling illegal copies of copyright works is in, but there is probably one.

http://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law
Films 70 years from the end of the calendar year in which the last principal director, author or composer dies.
If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made available to the public in that time, 70 years from the end of the year the film was first made available.

andrewsi

fridayschild wrote: »

Really? You mean its ok for him to copy it off the internet and sell it on?

What about the ebay side of it then? There was nothing about it being a copy etc in his description.

As I understand it, you can indeed download public domain films off the internet and sell them on - films (and books, etc) enter the public domain once the copyright has expired, so you can legally make copies and sell them - have a look at Project Guternberg, for example.

However, I'd be very surprised if a film from 1962 was in the public domain - copyright on a film expires 70 years after the death of the last of the director or writers, which means that the film would have to be explicitly put into the public domain (rare, but it does happen)

If the eBay description doesn't mention that it's a copy, you'd probably be able to start a claim on the grounds that it's not as described.

cyberbob

andrewsi wrote: »

If the eBay description doesn't mention that it's a copy, you'd probably be able to start a claim on the grounds that it's not as described.

It doesn't matter if it states if its a copy or not. You are not allowed to sell copied material on ebay or anywhere else.

Just open a dispute

Brooker_Dave

fridayschild wrote: »

Can I report him to anyone? If so who?

Thanks.

Presumably this DVD cost a few pounds?

Why make an issue of it?

And if it is true that it cannot be had on DVD then why whinge?

pig_let_cool

would it be rude to ask what film this is? atleast then we can solve whether it is indeed a breach of copyright (and he is playing on your lack of knowledge of the public domain system) or he has sold it as 'not as described'

fridayschild_2

Brooker_Dave wrote: »

Presumably this DVD cost a few pounds?

Why make an issue of it?

And if it is true that it cannot be had on DVD then why whinge?

Because I don't want to break the law or be a part of anyone else doing so! Is that ok?

pig_let_cool, the film is The Iron Maiden it's about a traction engine. (its nothing to do with the rock group although strangely the people on Amazon who have reviewed it think it is, just shows you what a lifetime of heavy metal can do to you )

Thanks to everyone that bothered to reply - no, not you Brooker Dave

arriva

it's probably in "nobody-wants-it" domain, so is Ok to sell copies...

arriva

arriva wrote: »

it's probably in "nobody-wants-it" domain, so is Ok to sell copies...

do I get an "un-thanks" now??