Full question:
One of the advertisers on your site is DH Gate from China. Is it legal to buy merchandise from China? Many people say that Chinese merchandise is a knockoff or pirated copy. For example, there are companies on DH Gate offering wholesale lots of Disney movies. Are any of these companies licensed to make Disney movies (DVDs), and what if they are unlicensed and just making a really good copy. Would someone get into trouble with the law if they bought a wholesale lot of movies from China and tried to sell them individually in the USA? What category crime (if any) would this be?
- Category: Intellectual Property
- Date:
- State: Pennsylvania
Answer:
Buying merchandise from China is legal, but it can lead to legal issues if the products infringe on copyrights or trademarks. Many products on platforms like DH Gate may be unlicensed copies, especially when it comes to recognizable brands like Disney.
If a company is selling Disney movies without a licensing agreement, that constitutes copyright infringement. The original copyright holder, in this case, Disney, has the right to take legal action against anyone who sells unlicensed copies. This could result in a breach of contract action and/or a copyright infringement claim.
When someone purchases a wholesale lot of unlicensed movies and attempts to sell them individually in the U.S., they could face legal consequences. This could include lawsuits for copyright infringement, which is a violation of federal law. The specific legal action would depend on the circumstances, including whether there was a licensing agreement in place.
Licensing agreements are contracts that allow one party to use another's intellectual property under certain conditions. These agreements typically cover aspects like royalties, quality control, and territorial rights. If a company does not have such an agreement, they risk legal action for copyright infringement.
In summary, while buying merchandise from China is legal, selling unlicensed copies of copyrighted material can lead to serious legal trouble, including potential lawsuits.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.