Legal to sell dubbed copies of TV shows?

[BLinin0502]

Can anyone help me?

I recently bought a video on eBay. The program was an old ABC Afterschool Special.

When the video arrived, I found that the seller had videotaped the program off of Showtime, posted it for sale, and dubbed a copy from her original when I won the bid.

When I complained to her that it is illegal to sell dubs of copyrighted material, she replied:
"Television items are very tricky, because there are usually copyright laws, but certain things can legally be sold. This special was never released publically and falls under the Public Domain (PD) category. This means there are no copyrights and the items can legally be traded and sold."

Can you tell me if this is true? Is it legal for her to sell dubbed copies of old ABC programs? Is a program Public Domain simply because it was never released publically?

This is the SECOND video I have received from this seller like this; I bought one from her several months ago under a different screen name. I did not know I was buying from the same person until AFTER I won the bid.

The seller has already agreed to give me my money back. But that is not sufficient if this is illegal. If this is illegal, I want to post negative feedback, and do what I can to do to see that it stops.

I am in Virginia, and the seller is in Michigan.

I'd appreciate any good advice you offer.

Thank you!!

 

[BLinin0502]

Can't ANYONE help me with this question?

Can't ANYONE help me with this question?

 

[ALawyer]

Her explanation seems bogus to me. It is NOT public domain unless is is very old (and TV is not) or the crator waived copyright and made it public domain.

 

[happy&lucky]

OH come on get real...........

All the entertainment companies make it impossible and rediculousy expensive to buy a stupid program that you wanted......

Yes it is technically illegal......but how else would you get something like this?

You cant call ABC and ask THEM to dub you a copy, and if you did....i know companies here that will get you shows for $150 AND UP for one lousy copy

So because these companies HATE AMERICANS,belive it or not a lot of these programs are public domain in other countries!!!

what other choice do you have but ebay?

 

[BLinin0502]

Thanks

Thank you, both!

I even appreciate the two different perspectives on the question.