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The Magic Cafe Forum Index » » Penny for your thoughts » » Smart flix rents Osterlind DVD's (0 Likes) Printer Friendly Version

Mik
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While Googling I came across a site called smart flix. They apparently work like Netflix and rent out DVD's. I noticed they had some of Richard Osterlind's DVD's for rent.

Reading the site they say they use DVD-R media, this would appear they burned the copies from the originals and are renting them out.

Not sure how legal this is.

I tried emailing Richard but the email address on his site bounced back. I left Richard a comment on his blog about this so he can check it out as appears unethical
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Arnon
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Smordant:

Did you read this on the smart flix site?:

"Is it legal for smart flix to rent out these videos?

Yes.

Under US Copyright law, one does not need permission of the original copyright holder to rent out a lawfully acquired copy of the video (this is known as the "first sale" doctrine, and is explained in 17 USC, section 109 of the US Copyright law).

Under Canadian Copyright law, one does not need permission of the original copyright holder to rent out a lawfully acquired copy of the video (Canadian Consolidated Statutes and Regulations C-42 - 3(1) gives the copyright holder no right to restrain the rental of lawfully acquired copies of video recordings).

smart flix is a member of EMA (Entertainment Merchants Association), a trade association of video rental stores and companies. EMA assures us that the rental of videos is perfectly legal under US and Canadian copyright laws, regardless of whether the copyright holder has given its permission. You can learn more about the 'first sale doctrine' here.

smart flix retains the services of Interaction Law in Washington, DC. ********** has verified with Interaction Law that our business renting videos complies with all copyright laws.

smart flix is aware of the rights held by video renters under the copyright laws, and vigorously defends itself against false accusations of copyright infringement.

You can read more about the First Sale Doctrine on the internet.

Some of the DVDs are DVD+/- R. Does this mean that you've duplicated / pirated them?

Absolutely not.

All videos are original. Under US Copyright law, we have the right to rent out original copies that we purchase; we do NOT have the right to make copies.

smart flix takes intellectual property laws VERY seriously.

Many of the authors we carry are running small, home based companies, and thus the DVDs they sell are home-made DVD+/-Rs.

Other DVDs are from larger firms, and the DVDs they sell are normal pressed DVDs.

That's why you'll find a mix of DVD types in our inventory."

See http://smartflix.com/help/legal

I suggest that this topic be moved to Inner Thoughts to avoid exposure.
Samuel Catoe
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Keep in mind though Arnon, that Osterlind's dvds were produced by L&L using professional grade equipment. It could still be DVD-Rs for all I know, but it does warrant investigation by the copyright owner.

I tend to think that smart flix is not renting pirated material, but odder things have happened.
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Arnon
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Quote:
On 2008-03-06 22:24, smordant wrote:
***
Reading the site they say they use DVD-R media, this would appear they burned the copies from the originals and are renting them out.
***


That's a huge assumption regarding Richard Osterlind's DVDs. I doubt that they'd be so stupid, especially since they claim to have retained John T. Mitchell's legal services through "Interaction Law."
Mik
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I thought was worth looking into, you'd think they wouldn't do anything illegal.
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Slim King
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WOW!!!!
Thanks Arnon.
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fred200
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Ooops! they even had one of mi personal favorites "Miracles for mortals"
Samuel Catoe
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Arnon, I think that the moderators have not moved it because there is nothing to reveal here. If Richard's dvd is being offered on their page, then it's there. This discussion isn't going to change that fact. If anyone is using a routine on the dvd that they fear will be exposeed, then they just need to change the routine up some so it does not resemble his work. Nothing to worry about really.
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Arnon
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Thanks, Samuel.

I was concerned about Googlers picking up on this thread, but your point is well taken.

I guess "the Catoe has spoken."
:D
Arnon
Samuel Catoe
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Indeed.
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music
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Type in "magic" on their site and see what comes up.
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