Legal Advice

[TM Video]

Ok... we all know there are folks out there who dupe our tapes and sell them, I don't like it but it does go on. Well I have come across a company who is mass selling a few (three) of our our titles. Actually they aren't selling our exact titles but are using our material as their own titles. In fact they are even BBFC rated!! So my question is what steps should I be taking to counter act this? If it was a stateside company I would know what to do (being a Yank myself) but am a bit perplexed about this. I have emailed the offender already but figured maybe there was a lawyer amoung you out there.

Any help/advice is appreciated!!

[Elmer the Aylmer]

DISCLAIMER :- I am not a lawyer (nor do I play one on TV)

IF IN DOUBT, SEEK PROFESSIONAL LEGAL ADVICE (i.e. PAY for it )

If some other outfit is passing off your footage as their own AND submitting it to the BBFC, then the first thing might be to have a word with our 'beloved guardians of morality' and tip them the wink about the rights violation. You may find in fact that the other party did not even submitted the material to BBFC, in which case they've broken any number of other laws.

Next up it might be worth reviewing any contractual arrangements you have with freelance videographers (if any) to ensure that your copyright on the raw footage is watertight.

I don't know, it sounds like you are really being tucked up. Either the other party is passing off bootleg footage as BBFC certificated, in which case it should be straightforward to make a case against them, or you have a problem with exactly who owns your material.

[magoo]

Elmers advice seems pretty good re contacting the bbfc. I would also suggest emailing them again and telling them that unless they desist forthwith you will take legal action against them under The Copyright Designs And Patents Act 1988 (I think it was 1988 you better check that first).

If they are selling by mail order within the UK you should remind them that it is a criminal offence to sell hardcore videos by mail order under the provisions of the Video Recordings Act 1984. This applies regardless as to wether or not the tapes have bbfc certificates. Threats to inform the police and the trading standards department might put the wind up them.

Also if they have a web site then inform thier ISP that they are breaking the law by stealing your stuff and/or breaching the VRA 1984 by selling porn by mail order within the UK and get the site shut down. Ben Dover did this with a company that was pirating his stuff and I think they have since gone out of business.

The difficulty with legal action for copyright is that you will probably not be able to trace where or who the people running the company are in order to issue proceedings. I doubt they have a registered office. But often the threat is enough to put a stop to these things.

I hope this helps. If it works you owe me a free video :.)

[karol]

Not to sound too obvious, but isn't there an organisation that goes by the acronym FACT (Federation Againsy Copyright Theft). I recall them advertising on all the old CIC videos one used to rent from the video libraries.
They encouraged viewers who believed they had rented pirate copies of movies to report them. Perhaps they may help.

[Allan]

I am sure that you can sue for copyright, but the problem I would think is that this may not be a cheap do.

My thoughts would be prevent rather than cure. In thos case I would sugest that placing a small banner on the film, the type you see on TV channels. The advantage of this, is that it makes it harder to cipy as the logo will alwaus apear, and so its clear that the material does not belong to them. The other advantage is that though you are loosing sales on pirate copies but at leat you gain from advertising, so if people like what they see, with luck they will seek out your other titles, and so you profit from the sale in the long run.

[cathy]

is this material you have sold rights on ?
i.e cable rights that the cable company may have resold on?
cathy

[Sally]

The above comments are good advice One other thing you could do is go to Customs & Excise VAT explain what has happened to you and say you feel they must be turning over 60K per annum and are they VAT registered.Do the same thing with the Inland Revenue to see if they are paying tax on the profit.take a solicitor with you . The cost of copyright legal fees can be horrendous,but a letter from your solicitor explaining what you have done should focus the mind.Regarding location of the individuals good old C & E are dab hands at locating people.

[Officer Dibble]

Save all the legal eagle stuff for as last recourse. I've always found that if people are rational and reasonable you can always have a deal with them. Point out to the offenders that you still have rights over the material but you won't take the legal route to settle your grievances if both parties can come to a mutually beneficial arrangement. If this pans out it could become a regular earner. This is a much more agreeable solution than any kind of agro - for both parties.

Officer Dibble - the voice of reason.

[TM Video]

Just wanted to say thank you for all the advice!! We are looking into many options and will seek pro legal advice as well. We haven't sold the rights to this material in any form or fashion nor have we given anyone permission to do so. We hold all the model releases and proof of age documentation. One key note is that I appear in some of the footage and I know they have nothing with my signature on it saying I released the footage for use in any way/shape/form.

Again, thanks for the advice. If I don't get any joy I will name/shame the folks here so we all know who we are dealing with.