DMCA - Questions / Interpretations

Schnieds

Senior member
Jul 18, 2002
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Hey All,

I am considering purchasing a DVD burner in the near future. I am concerned with the current copyright laws concerning DVD media (and therefore CDs, MP3?s, etc.) I know that if I get a DVD burner I will make a few copies of some DVDs. However, I do not want to do this illegally. I know that the chance of getting caught is slim, but that isn?t the point, the point is my own moral obligation to follow the laws.

I have heard the argument that copying media is not illegal as long as you have purchased a license for said media. Now in the case of software I think that this is pretty black and white. You buy a license from the store and you can now install and use the software (how many times you can install and use it is another matter.) However, with entertainment media (movies, music, etc.) what counts as purchasing a license? If I buy a movie ticket I am purchasing a license to view said movie, does that mean I can now make a copy of that movie off a friend?s DVD when it is released? If I rent a movie from a store I have purchased a license to view the movie and unlimited amount of times, can I make a copy of that movie so that I may view it later under the same license?

Now I would assume that any media that you have never purchased a license for, such as downloading MP3?s from the internet, of which you have never purchased a license to listen to, is illegal. However, how does the license work if you go over to a friend?s house and watch a movie that they have rented? You have not paid for a license to view the movie, however you are viewing it. Is that illegal? What about if you own the VHS or cassette tape version of an entertainment media, can you legally convert said media to DVD or CD or both? How about making a tape of a television show that you are watching, or TiVO, are those illegal?

It scares me that we could be facing a future where we have to purchase our media on a ?per-use? basis. Can you imagine paying each time you want to see the Matrix? I am inclined to believe that once we purchase a license to view a media source, we can make copies of said media source for our own personal use in the future?

I look forward to your thoughts and views...

Schnieds
 

nord1899

Platinum Member
Jun 18, 2001
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With regards to the making copies of DVD's, there is no change from the copying of CD's. You can copy the DVD so long as you own the original, this is your backup. Also, you must copy it over bit-by-bit. That is, you cannot break the CSS copy protection on it, then make the copy. The copy must be a perfect replica of the original. At that point, you are fine within the law.

The DMCA states that it is illegal to break (or manufacture tools that do the same) encryption of copyrighted material. Says nothing about copying the encryption along with the copyrighted material.

And yes it does suck that the RIAA and MPAA want to go to a pay per use for all types of media, but they are money grubbing bastids and thats what they do.
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
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Originally posted by: Schnieds
If I buy a movie ticket I am purchasing a license to view said movie, does that mean I can now make a copy of that movie off a friend?s DVD when it is released?
no, because you don't have a copyright.
If I rent a movie from a store I have purchased a license to view the movie and unlimited amount of times, can I make a copy of that movie so that I may view it later under the same license?
no, you have purchased the ability to watch the movie as a rental which is supposed to be returned, at which point you would have to rent it again to be legal to view it again.
However, how does the license work if you go over to a friend?s house and watch a movie that they have rented?
no, you can have private showings of rented films.
What about if you own the VHS or cassette tape version of an entertainment media, can you legally convert said media to DVD or CD or both?
i don't see why not, its still your backup copy within fair use
How about making a tape of a television show that you are watching, or TiVO, are those illegal?
no

It scares me that we could be facing a future where we have to purchase our media on a ?per-use? basis. Can you imagine paying each time you want to see the Matrix? I am inclined to believe that once we purchase a license to view a media source, we can make copies of said media source for our own personal use in the future?

I look forward to your thoughts and views...

Schnieds
their would probably be both per use and flat fee types of payment. the rental system is a per day system so its pretty close to per use anyway.

 

Zim Hosein

Super Moderator | Elite Member
Super Moderator
Nov 27, 1999
65,396
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Originally posted by: ElFenix
Originally posted by: Schnieds
If I buy a movie ticket I am purchasing a license to view said movie, does that mean I can now make a copy of that movie off a friend?s DVD when it is released?
no, because you don't have a copyright.
If I rent a movie from a store I have purchased a license to view the movie and unlimited amount of times, can I make a copy of that movie so that I may view it later under the same license?
no, you have purchased the ability to watch the movie as a rental which is supposed to be returned, at which point you would have to rent it again to be legal to view it again.
However, how does the license work if you go over to a friend?s house and watch a movie that they have rented?
no, you can have private showings of rented films.
What about if you own the VHS or cassette tape version of an entertainment media, can you legally convert said media to DVD or CD or both?
i don't see why not, its still your backup copy within fair use
How about making a tape of a television show that you are watching, or TiVO, are those illegal?
no

It scares me that we could be facing a future where we have to purchase our media on a ?per-use? basis. Can you imagine paying each time you want to see the Matrix? I am inclined to believe that once we purchase a license to view a media source, we can make copies of said media source for our own personal use in the future?

I look forward to your thoughts and views...

Schnieds
their would probably be both per use and flat fee types of payment. the rental system is a per day system so its pretty close to per use anyway.

What ElFenix posted, except I will never go for a "per use" payment plan, if I buy it, I'm going to watch it when I want, be it today or six months from now when I have the urge to.