Racine, WI asked in Copyright and Internet Law for Wisconsin

Q: Is downloading vintage films for personal use and donating to studios okay?

I'm building a vintage TV/film library on Plex for personal use only - not selling or redistributing. Many old titles on DVDs are hard to find, out of print, bootlegged, price-gouged, or have damage due to use. Instead of paying exhorbitant prices to bootleggers or those who have no doubt copied and are reselling, YouTube and Internet Archive have many of the titles. Downloading from those for personal use only, but then donating directly to the production studio (e.g. Warner Bros), ensures paying for the title while not supporting the bootleggers and price-gouger DVD resellers. It also guarantees files that aren't damaged. In addition, this method works because it doesn't preclude profit from the studio because they don't receive profits from secondhand DVD sales anyway. What do you think of this approach?

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James L. Arrasmith
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A: Your intentions here are clearly good—you're trying to respect copyright holders by donating directly to studios instead of paying inflated prices to bootleggers. It's admirable that you're supporting the creators, especially given that secondhand or out-of-print DVD sales don't financially benefit studios anyway.

However, downloading films—even vintage ones—from platforms like YouTube or the Internet Archive could still legally fall into a gray area, even if for personal use. Copyright law typically protects studios' exclusive rights to distribute their work, meaning the source you use to acquire content matters. YouTube uploads and Internet Archive content might not always be officially licensed, potentially placing your actions in questionable legal territory, regardless of your subsequent donations.

The safest, most ethical approach would be to verify the legitimacy of the uploads or to seek legal alternatives provided by studios themselves or licensed streaming services. If these options aren't feasible, your practice of donating directly to the production companies does help mitigate ethical concerns by supporting creators directly. Still, you should proceed cautiously and consider reaching out directly to studios or rights-holders to confirm your approach aligns with their policies.

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