Is it legal to transfer a VHS you own to a DVD

[Saulbadguy]

You buy a VHS of a movie. You then transfer it to DVD. Is this a violation of copyright laws? Please provide a link if you can...thanks.

I don't think its legal. I'm trying to convince my friends its not.

 

[etalns]

I believe it is as long as the contents of the video remain unchanged. As this would be an example of "backing up" owned goods. In the event he say, downloads the DVD menu from the movie and then adds it in, then no, it's not legal.

 

[phreakah]

Originally posted by: Qosis
I believe it is as long as the contents of the video remain unchanged. As this would be an example of "backing up" owned goods. In the event he say, downloads the DVD menu from the movie and then adds it in, then no, it's not legal.

yeah i think it's legal too... like backing up a casette tape or record to a CD

 

[hollowman]

I thought I have read somewhere that you can not transfer VHS to DVD or vise-versa. (I think it said something about if you own a VHS, then you only have a right to own VHS or something like that.)

Anyway, I am not certain on this so don't quote me. Anyone with a valid information? I would like to know as well.

 

[Hammer]

i don't believe this is legal.

 

[NutBucket]

Sure. Everyone is allowed backups for personal use. Check the arguments/court cases from when VHS and cassette tapes came into existence.

 

[etalns]

Sorry, I was mistaken. Here's how it works.

If you back the VHS up to DVD, you can not actually watch the dvd. It could only be used as a storage medium, if you lsot the original you could us eit to copy a new original of the same medium.

Because of the fact companies sell both DVD's and VHS's, you're not allowed to back up to a DVD as it's typically referred to as product forgery.

 

[bunker]

Pretty sure you can back up VHS to VHS and DVD to DVD but not to each other. I recall reading something saying it had to be on the same media, but I'll be damned if I'm gonna search for it for you.

 

[AlienCraft]

Yes you can. Fair use provision of the DMA allows you to make a copy, without regard to medium, as long as it is retained for personal use.
OTHERwise there would be no source media for ipods.

 

[CptObvious]

Technically, copying from VHS to DVD is creating a 'derivative work.' Usually you need to get a license to create a derivative work; however, it might fall under fair use. The closest case I can remember to this is when the Supreme Court decided the Sony Betamax case. They said timeshifting (taping TV shows) was fair use, because taping for home use (they found) was noncommercial and private. As long as you don't distribute copies to other people, you should be fine.

 

[etalns]

Originally posted by: AlienCraft
Yes you can. Fair use provision of the DMA allows you to make a copy, without regard to medium, as long as it is retained for personal use.
OTHERwise there would be no source media for ipods.

You're wrong. I'd go into specifics, but it's basically that dvd's are an exception because they are marketed seperately, while noone markets music exclusively for the ipod as the medium of play (no, itunes does not do this for thiose who are about to say that.)

 

[Drakkon]

http://www.hrrc.org/history/betamax.html
if you read the standing of the betamax case there is no distinct representation of EXACTLY the media used to "record" time shifted showings of material. so why couldnt you record onto a DVD for personal use under fair use guidelines??

 

[Insane3D]

Who cares? Is the FBI going to storm your house for backingup VHS tapes you already bought.?

 

[Demon-Xanth]

Welcome to Copyright Law, where the people with the money own the people that make the rules.

Making a DVD-DVD copy IS usually illegal given the fact that most have copy protection.

 

[AutomaticErik]

Safe to copy but when you try to distribute those you have problems.

 

[AlienCraft]

Originally posted by: Qosis

Originally posted by: AlienCraft
Yes you can. Fair use provision of the DMA allows you to make a copy, without regard to medium, as long as it is retained for personal use.
OTHERwise there would be no source media for ipods.

You're wrong. I'd go into specifics, but it's basically that dvd's are an exception because they are marketed seperately, while noone markets music exclusively for the ipod as the medium of play (no, itunes does not do this for thiose who are about to say that.)

Prove it. You need to go into specifics. I disagree and a quick reading of the DCMA hasn't indicated anything to the contrary. Also there is specific language designed to allow circumvention of Copy Protection when it is for personal use, among other technical, educational uses.
There is nothing I have read so far that limits copying for personal use.
This has nothing to do with with selling or offering to the public that "derivative work".

 

[Saulbadguy]

How about casette tapes to CD's?

 

[AlienCraft]

Originally posted by: Qosis

Originally posted by: AlienCraft
Yes you can. Fair use provision of the DMA allows you to make a copy, without regard to medium, as long as it is retained for personal use.
OTHERwise there would be no source media for ipods.

You're wrong. I'd go into specifics, but it's basically that dvd's are an exception because they are marketed seperately, while noone markets music exclusively for the ipod as the medium of play (no, itunes does not do this for thiose who are about to say that.)

Furthermore, your example of No one marketing music for the iPod is reversed, because there is music available on iTunes that was originally recorded ANALOG for distribution on vinyl and is now DIGITAL and MP3. which is both a conversion of media and type.
Sorry, your reading of the law is too narrow.

From The RIAA site
Audio Home Recording Act: This 1992 legislation exempts consumers from lawsuits for copyright violations when they record music for private, noncommercial use and eases access to advanced digital audio recording technologies. The law also provides for the payment of modest royalties to music creators and copyright owners, and mandates the inclusion of the Serial Copying Management Systems in all consumer digital audio recorders to limit multi-generational audio copying (i.e., making copies of copies). This legislation will also apply to all future digital recording technologies, so Congress will not be forced to revisit the issue as each new product becomes available.
From the summary Judgment regarding Fair Use and the DCMA....

"Both the Federal Court AND the Copyright Office must rule adversely to our position and all appeals must be exhausted before we are effectively denied our right to make backup copies of our dvd movies."

Source for quote above....
Further in the thread from the site above......

I believe it is important to maintain the rights of consumers. Th Digital Choice and Freedom Act would sensibly amend federal copyright law to stipulate that is is not a copyright infringement for a person who lawfully obtains or receives a transmission of a digital work to reproduce, store, adapt, or access it for archival purposes. Such activity is already permitted for VHS tapes and music cassettes"

 

[tk149]

Originally posted by: AlienCraft

Originally posted by: Qosis

Originally posted by: AlienCraft
Yes you can. Fair use provision of the DMA allows you to make a copy, without regard to medium, as long as it is retained for personal use.
OTHERwise there would be no source media for ipods.

You're wrong. I'd go into specifics, but it's basically that dvd's are an exception because they are marketed seperately, while noone markets music exclusively for the ipod as the medium of play (no, itunes does not do this for thiose who are about to say that.)

Prove it. You need to go into specifics. I disagree and a quick reading of the DCMA hasn't indicated anything to the contrary. Also there is specific language designed to allow circumvention of Copy Protection when it is for personal use, among other technical, educational uses.
There is nothing I have read so far that limits copying for personal use.
This has nothing to do with with selling or offering to the public that "derivative work".

I'm inclined to agree with AlienCraft.

AFAIK, the mere presence of copy-protection has no bearing on the legality of copying something.

 

[yukichigai]

It is legal to back up anything you own for your own personal use. The MPAA doesn't like that and tries to tell you otherwise, but it's how software like DVDx, DVD Decrypter, DeCSS, etc. is legal. DVDXCopy was shot down only because the courts ruled that it was used primarily for illegal uses, not legal ones as it claimed.

If you download a version of something you don't own then it's illegal. e.g. if you own a VHS copy of Ronin and you download a DVD-rip of it, it's illegal; but if you own the DVD that the rip was made from it's technically legal. (more accurately, not illegal, as there is no specific law stating such action is illegal or legal)

When you buy a movie or a CD you have full rights to do with it whatever you want, provided it is not for profit and doesn't violate certain fair use laws. (like public exhibition) Converting a VHS tape to DVD is completely legal; it's no different than converting it to any other media format. While the package it comes in might be different, the content is what's key. Unless you add in content from sources you didn't pay for, it's completely legal.

 

[cKGunslinger]

Originally posted by: Saulbadguy
You buy a VHS of a movie. You then transfer it to DVD. Is this a violation of copyright laws? Please provide a link if you can...thanks.

I don't think its legal. I'm trying to convince my friends its not.

I think it is legal. Just as legal as ripping your CDs to your PC or iPod-clone. But downloading a DVD copy of a movie you own on VHS would *not* be so, since it's not the same thing (better quality, etc.)