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Music, Movies and Photos
Music, Movies and Photos
How do you know if you're violating copyright laws when you're selling or buying copies of music or movies? To find out, look at the guidelines listed below. This list will help you determine if your item is infringing (violating copyright law) or prohibited (not allowed on Half.com). Not allowing these items on the site protects you from liability and helps make Half.com a safe place for buying and selling. Selling or buying any of these items could put you at risk for civil or criminal liability. Your listing could be removed and you may be suspended from Half.com.
What About the Berne Convention?
Some users have written to us asking whether the Berne Convention for the Protection of Literary and Artistic Works (sometimes mistakenly referred to as the "Berne Act") allows them to list an otherwise infringing item. The short answer is "no." The Berne Convention is an international treaty that the United States agreed to in 1989. By signing the Berne Convention, the U.S. committed to making certain changes to its copyright law. In fact, even before signing the Berne Convention, the U.S. had made all the necessary changes to its law. The Berne Convention itself is not U.S. law and does not excuse activity which otherwise would violate U.S. copyright law
Music on CD-R
Half.com Policy on Music on CD-R:
35mm & 70mm Movie Prints
A 35mm or 70mm movie print are typically the reels of film used by movie theatres to show movies.
Some people make their own copies of movies, TV shows and music on video, VCD (video compact disc), DVD (digital versatile disc), CD and audio tape. These are potentially infringing items because the production companies, artists or record companies (copyright owners) own the rights to the works and must authorize any copying or distribution of them. Unauthorized copies of such copyrighted works should not be listed on Half.com.
Promotional, Promo, Pre-release items
Some companies distribute so called "promotional copies" of movies or musical works for publicity purposes before their release to the general public. Sale of such items often is expressly prohibited and doing so could put the seller at risk of infringement. Even if you sell the item after the release date of the movie or album, you may still be infringing upon the owner's copyright. Production companies, record companies and artists have different restrictions on the sale of promotional or pre-release items. Sometimes the restrictions are stated on the packaging for the product. If you have any concerns, contact the relevant company to see if your items can be sold or bought without risk of infringement.
Recordings of Live Shows or Concerts
Recording of live shows or concerts usually is an infringement of the music owners' copyright. Most shows and concert promoters prohibit anyone, except a few licensed parties, from recording or the shows. Such unauthorized recordings are often referred to as "bootlegs." Even those artists which allow or even encourage personal recording of lives shows often prohibit the sale of such recordings.
Sale of fake autographs may expose you to liability for infringing the trademark or right of publicity of the person whose autograph it purports to be.
XXX-rated, adult movies
Adult movies are not allowed on Half.com. Listing X-rated or adult movies is cause for warning and suspension from Half.com.
Generally, it is permissible to sell an original of a photograph. However, sale of unauthorized duplicates of photographs is a copyright infringement. Also, unauthorized sale of photographs taken at live music or stage performances may also be prohibited by the copyright owners.