Trouble On The Way? DMCA

[terryk]

I had about 150 HD-DVD and Blu-ray covers uploaded to 4shared . com. They have been there for probably a year. I received a notice yesterday that some of the files had been banned so I inquired as to the reason. Here is the response I received....

In response to your request to reveal the actual reason of your files being banned, we need to inform you that the links in question, were reported as illegal and removed in compliance with the DMCA (Digital Millenium Copyright Act).

So --- posting and sharing covers is illegal? I can understand sharing actual movie and music files -- but covers -- give me a break. Cover sites may be a thing of the past in the near future.

[tkboxer]

Terry,
I'm not familiar with 4shared.com, is it a bit torrent or p2p site?
Where your files there only being stored or were they available for share also?

Still there should be no foul here, you have the right to make 1 backup copy of your digital media, why would you not have the ability to have a artistic label/cover for that backup? Makes no sense.

My gut feeling is 4 shared.com just crapped their pants when they got the take down notice and complied with the request.
_________________
No matter how many times you try...you can't clone the dirt off your screen.

[terryk]

It's just a file sharing site. All sorts of images are uploaded there. Probably movies and music too. What's funny is they only removed my Harry Potter HD-DVD covers and I think 1 Blu-ray cover. One of the covers was a UK scan. Rather than wait on more complaints I just removed all my files from the site. Does make me wonder if they are going to start going after any site that has "their" material on it.

[DVDCoverArt]

The court's ruled back in the 70's and 80's that it is legal to make backups of media you purchase. If it is legal to make backups, then it only makes sense that you can make backups of the covers and labels as well. I believe it would also apply to the original artwork as well.

A Federal Judge ruled last week that it is legal to sell an Mp3 that you purchase. In the ruling he said that when a consumer buys an Mp3 he/she has the same right to do with it as they do with any other product the buy, which is to sell or trade it.

I believe this ruling could pose a serious problem for the media industry. If it is legal to buy and sell Mp3s why would it be any different for the covers that come with the purchase of a DVD movie?

DVD movies are purchased and resold by consumers every day. Netflix sells used DVDs. There are countless stores where you can buy used movies and music CDs. When you buy a used DVD you are not paying for just the movie, you are paying for the whole package.

As it says in the "About Us" post:

"DVDCoverArt.org is a private site that consists of a community of members with a common interest of sharing and creating DVD Covers and Labels."

The Subscription we sell is for the express purpose of joining a private Forum. Our common interest is to share our talents, expertise and to help and teach others how to create covers and labels for sharing and for their personal collections.

If I was only interested in making a profit, I would have shut this site down over two years ago because what little I receive in subscription fees does not even come close to covering my monthly overhead.

I created this site because I enjoy being creative, but more importantly the unique and special "Family" that I have the privilege of being a partr of.
_________________
DVDCoverArt
Site Master