Q: I have copies of episodes, and it
seems like I could make some money selling copies of them. Would it be a good idea to post a
note to that effect?
A: MST3K is
fully copyrighted, so technically when you make and sell
copies of episodes, you are breaking the law.
Q: Wait a minute! What about "Keep Circulating The Tapes"? Isn't that a license to sell
episodes?
A: It's true that, in the closing credits of
seasons one through four, there was a line in the credits
that read: "Keep Circulating The Tapes." They included that
line because, at that time, CC was a new station and was not
available everywhere. They were encouraging fans who were
taping the show from TV and circulating those tapes, free of
charge, to friends who had not yet seen the show or did not
have CC on their cable systems. The line was never intended
to encourage tape selling or duplicating. Beginning with the
fifth season, the line was removed from the credits,
apparently because BBI's lawyers were worried about just
this sort of misunderstanding.
(Of course, in the famous "Betamax" case, the Supreme Court
ruled that it is legal to tape any TV show for your own
personal use. It's when you make a copy of that tape that
you violate the law; when you sell that tape, you are also
violating the law.)
Q: I have created a MST-related product:
artwork, a computer file or something else that incorporates audio
and/or video usage of something from the series. Can I sell it?
A: The short answer is: No. The not-so-short
answer is: Be discreet and BBI may not notice. If you aren't discreet, you may find yourself on the
business end of a cease-and-desist order. It has
happened. And don't blame BBI if it does. The copyright and trademark laws
say that if they don't defend their product,
they could lose their rights to it. And if they don't
prevent infringement by average fans, they will have trouble
doing it when ConHugeCo tries it, because there will be a
legal precedent.
The real answer is: Some entrepreneurs have succeeded in
impressing Jim Mallon enough with their product that he has
approved a license agreement, allowing them to sell their
MST3K-themed products legally (and giving Jim a piece of the
proceeds). It is an option, but he has very high standards.
If you plan to pursue it, good luck.
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