LEGALITIES


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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