[OT] legality of DVD backup

David Bovill david at vaudevillecourt.tv
Mon Nov 8 14:31:51 EST 2010


Here is a good link for Faire Use - http://centerforsocialmedia.org/fair-use

Oh - and another probably more important point which has nothing to do with
the copying - is the issue of "public broadcast", so while you can watch a
DVD with friends at home, in a school is another matter - which is why a lot
of schools will have licences explicitly taken out for this. For some reason
I've never quite understood copyright lawyers seem to have it in for
screenings in "prisons" for instance.

Again the faire use issue comes in - if it is entertainment then there is no
faire use defence, but if it is used for critical comment and analysis in an
education setting, then there is more of a case

Here is an example of the sort of generally accepted exemption within
schools and colleges in the USA: - taken from this
site<http://www.albion.edu/campusprograms/event-scheduling-and-program-policies/movie-viewing>
:

*Face-to-face Exemption*
> Many of you may know that there is an exception to the public performance
> fees for college and universities. That exception is only in the case of
> face-to-face classroom instruction by a faculty member. The faculty member
> may show the film/movie outside the normal class period (at night for
> example), however, it is only for those students who are registered for the
> class. The movie must also be shown in spaces that are designated for
> instruction; therefore library screening rooms, residence hall or student
> union lounges, cafeterias do not qualify. A faculty member cannot show it
> for his/her class and then open it up to the rest of the campus. In order to
> invite others, the public viewing rights must be purchased. Acceptable
> attendance for films in which the copyright is not purchased only include
> students registered for the class, the instructor and guest lecturer(s).
>

And for EU - this page <http://wapedia.mobi/en/DVD_consumer_rights> is
useful.

On 8 November 2010 18:58, Marc Siskin <msiskin at andrew.cmu.edu> wrote:

> Richmond,
>
> One "legal" factor you want to keep in mind is the number of concurrent
> playbacks per dvd.  The backup argument is only good as long as you have a
> DVD for each concurrent viewing of the movie.  E.g. 3 concurrent viewings =
> 3 DVDs.
>
> And all of this is in the realm of non-tested law.  I would get your
> school's attorney's approval (they should be willing to defend you if you
> are asked to cease and desist).
>

On a related note - if you want to really break the law - all you need to do
is sing "happy Birthday to you" in school or any public space -
http://www.snopes.com/music/songs/birthday.asp



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