THE DIFFERENCES BETWEEN BOOTLEG & PUBLIC DOMAIN DVDS, OR: HOW TO COLLECT LEGALLY & RESPONSIBLY CULT MOVIES & NOT INFRINGE ON COPYRIGHTS

A few erroneous types often label anything not released by a major studio such as Paramount or Fox a bootleg movie. This is simply not the case, though the terms bootleg and pirate are often thrown at the sellers of public domain movies all too often here on EBay.

EBay is very good about understanding the difference. Their VERO (Verified Rights Owners program, which I subscribe to as a participant) allows copyright owners to prohibit illegal postings of their copywritten movies here on EBay. But... as a potential or even long-term collector of interesting, rare and hard-to-find movies on DVD... are you?

OVERVIEW

Basically, it's easy to tell the difference, if you know what the terms bootleg and pirate mean. And how such terms differ radically and legally from public domain.

A bootleg is an illegal movie that intrudes on copyright status of a legitimate copyright holder.  And you really don't have to be a lawyer to know the difference, honest. Consider these examples and take the IS IT A BOOTLEG OR IS IT PUBLIC DOMAIN test:

A seller lists a movie not even out of theaters yet for sale. Is is possible it's a pre-release DVD from the studio, or an Academy Members screener, or maybe a DVD loaner so you can bid on it? After all, if the Academy released it, isn't that acceptable to resell?

NOPE, IT'S A BOOTLEG!  If it's not yet available from your local video store -- always a good bet to check mainstream, studio-released titles -- then it's probably a camcorder job made illegally in a movie house, or a screener or loaner, none of which are legal to resell and are clearly stamped "For Academy Consideration Only -- Not for Resale or Loan."

Okay, here's a trickier example, but common as a bootleg technique:

You see E.T. or RAIDERS OF THE LOST ARK listed for sale, but the price is only 99 cents, and there is no cover image reproduction. When you ask, the Seller avoids your question and merely states, 'Hey, it's an ex-rental, it doesn't have a cover, AND there's no label on it, so how should I know? It's for sale; bid or not, your choice.' Is it a legit or is it a bootleg?

DEPENDS, BUT PROBABLY A BOOTLEG! And if so? An obvious, definite violation of the policy of copyright. The Seller MAY be simply copying the movie and selling it again and again. And this is a copywritten movie, clearly. A good sign to check again? That the movie is available at Netflix, your local video rental store, etc., or from other Sellers with authentic box artwork, guarantees of legitimacy, etc. If so, avoid the bootleg and buy from another Seller.

But here's a trickier example:

The listing is for a rarer, less obvious title like MR. SMITH GOES TO WASHINGTON with Jimmy Stewart or Basil Rathbone in SHERLOCK HOLMES & THE SECRET WEAPON, for example. Big studio films with major stars, nice box art, and so anyone selling them not from a studio must be selling bootlegs, right?

WRONG!  These films are what are known as public domain.

WHAT IS PUBLIC DOMAIN?

Our founding fathers did not want copyright to be extended indefinitely. They correctly reasoned such strangleholds on intellectual freedom would stifle access to published materials because wealthy, powerful folks could then copyright anything they felt offensive and dangerous for the public to read by simply offering money to the writer or suing the printer and then taking over the rights.

Once owned, the copyright could then be used to literally prevent the information from being disseminated, instead of only profited upon by reproduction. You may not know it, but coypright ALSO allows the owner to NOT RELEASE a movie, book, song, etc. In other words, it allows the owner to hide it from the public under any circumstances!

Does this seem esoteric? It's not. The framers wanted our rights to possess non-copyrighted materials to remain free and accessible, and thus encourage even non-wealthy people to read, buy books, and critically think about their governement, society, etc.

WHAT'S CHANGED IN 200 YEARS?

Today, thanks to the studios' belief that anything they don't release is copyright infringement, and millions of dollars spent promoting that very same flawed idea, you may believe that all movies ever made are copyright held by the studios, and that all dealers on EBay who sell you legitimately public domain movies are criminals.

This is not the case, however, legally or morally. Why not? Because if a movie is never filed for copyright or the copyright holder never refiles the status every so often, the work becomes yours, mine, ours. In other words, available for anyone and any American to reproduce, own, distribute, etc.

This is not breaking the law, nor selling bootlegs. It's doing precisely what our forefathers wanted us to in order to keep a strong and independent Republic. Not to katow only to the wealthy and powerful, but keep alive a vibrant, powerful culture of of our own, so that we were never beholden to the Powers That Be who would claim ownership.

SO WHAT IS A BOOTLEG?

A bootleg is a copy of a studio movie that is sold for profit against the studio's legitimate right to control distribution. After all, that's what a studio does. A copy of a big-time or copyright-held movie classic, such as FORBIDDEN PLANET, CASABLANCA or the latest cgi spectacular.

But there are literally tens of thousands of studios in the world, not just five American ones! And while the studios would have you believe differently, don't be fooled: if you make your own movies, control that copyright and sell them on EBay or other web sites? You're also a studio, though granted, you may not be famous or have millions to spend or profit from your efforts.

HOW CAN I TELL THE DIFFERENCE AGAIN?

Basically, Google the title, if unsure. Many, many films are listed in various online Public Domain web sites if you're interested. Email the seller and ask. Educate yourself, in other words, but don't assume every movie that comes not from a major American corporation is a rip or bootleg; that is simply untrue.

WHY THIS GUIDE?

As a seller of many public domain films -- not all, but some -- I grow tired of uneducated folks who leave negatives and threaten to report me to various officials for doing what is considered by law officials who know better an inalienable American right to sell public domain films.

Some who sell rare studio films that are copywritten like to smear us public domain vendors with the bootleg and piracy brush. This is often, too often, deceptive and dishonest.

Ask yourself if such a person stands to gain financially from such an untruthful remark? After all, if public domain materials are not available in competition, doesn't such a person stand to gain that much more from selling their studio version?  Even for double digit if not triple digit figures?

AND IN CONCLUSION...

A public domain movie bought and sold by collectors is not a bootleg. Nor is it pirated.

In fact, it's part of the great free press tradition embodied by such small press printers as Ben Franklin and other revolutionary spirits who hundreds of years ago realized that, without intellectual freedom, there is only ever intellectual tyranny.