brjesusfreak

If I am the owner of a DVD movie, I am alowed to make a backup copy for myself. But I want to know something else. Here is the situation:
I live with my mom. She buys a DVD movie.
a) Can I make a backup copy of a DVD movie for her? Or does she have to make it herself?
b) Since she's my mom and I live with her, can I make 2 backup copies of a DVD movie(1 for me and 1 for her)?

Thank you for your time.

The Man with the Golden Doujinshi

You can if there's no copy protection. It's illegal to circumvent it.

I also predict this thread will go away.

X

According to the DMCA you are not allowed to crack the encryption of the DVD, whether you own it or not. So it is illegal to make a backup.

Jah-Wren Ryel

So far, all the answers only apply if you live in the USA.

In the rest of the world it is legal for you to make backups and in most of those countries the answers to both (1) and (2) is yes.

canaryfarmer

Just do it but don't go broadcasting it to everybody.

woemcats

This thread reminded me of the guy on Amazon selling "archival backup copies" of out of print Mystery Science Theater DVDs. He'll get $40 for a set that normally runs $200 and try to pass it off in his description as "ONLY IF YOU OWN THE ORIGINALS!" As if that makes it any more legal.

macnorton

I posted in another thread a few weeks back...although the DMCA says one thing, technically speaking, fair use can come into play.

Theoretically, DMCA is in place for people who distribute illegal copies and those who create applications to circumvent copyrights. The problem, which I have discussed in many a law class, is what about the end user (for those non-technical people, that means the actual person using the program)? Does the user assume the liability imposed by DMCA, even though they don't stand to profit or distribute their copy? It is a sticky issue, so there is no real answer.

In reference to the question, under fair use, yes you can make a copy. But because DMCA forbids you breaking the encryption, you can't, as per DMCA.

My own personal belief is, I bought it, I can do what I want with it, so long as I don't infringe on a copyright (meaning sharing it illegally, selling it, or doing anything outside of making a copy for myself) or make a profit from it. Again I stress, that is my own opinion.

Iron Chef

this is why they invented google

macnorton

I would also like to make mention of this, which goes hand and hand with fair use:

http://en.wikipedia.org/wiki/Audio_Home_Recording_Act

The Man with the Golden Doujinshi

But not all movies have encryption. I've seen some big studio dvds that didn't have it. So it's only illegal if there's encryption.

It's stupid because if you owned the rights to a movie but the dvd had encryption, it'd be illegal to make a backup of a movie that you have all the rights to.

Jacoby Ellsbury

The bootleg police work hand in hand with the mattress tag police. Go nuts. They create these stiff penalties cause the chance of getting caught and prosecuted are slim like olive oil

Seashellz

wouldnt you also own the single discs encryption?
After all-you are not leasing or renting the content or medium
Anyway-note that the FBI warning has changed to add 'illegal to copy even WITHOUT MONETARY GAIN...'

Chrisedge

I would think #b is illegal no matter what...

7Keys

I came across an eBay auction for a jewel case for $50 (or whatever). And if you won the jewel case the seller would give you a "free" copy of (I forget the band and album). It was some rare cd that is out of print.

Jah-Wren Ryel

You would be wrong. In fact, in Canada, you don't even have to live in the same house together. You can make a copy for your friend and it is still legal. Thanks to the blank media tax that is intended to prepay for "inevitable" piracy. If I were a canuckistani I would make sure to get my money's worth for that ridiculous tax.

Jah-Wren Ryel

FWIW, consider who put that warning on the disc in the first place and exactly who benefits from any exaggerations that might be included.

rw2516

What's the rule on a dvd's audio? It's not encrypted. Example: Taking the audio from a concert dvd that's never been released on cd and transferring it to cd-r.

macnorton

You know, that is a very interesting idea...it might actually work in the US, if done right. Although, I think we are seeing a shift in thinking, especially with Fox who is giving away digital copies of their films.

silentbob007

Strictly speaking, I don't think you own anything when you purchase the disc ... just the right to play it for personal use.

Egon's Ghost

Exactly - the right to use as it was intended. Ripping audio and/or video is not part of the "contract".

Jah-Wren Ryel

Lol! And when you buy a book of poetry, xeroxing a couple of pages of poems to stick on your refrigerator isn't part of the 'contract' either...

Here's the deal - copyright is a government granted monopoly defined in the USA by USC Title 17. THAT is the contract. Title 17 includes provisions for fair use and a whole host of other rights for both parties.

The Man with the Golden Doujinshi

Fair Use laws say you can make a backup. DMCA has laws that say you can't break the encryption. So as long as you have a movie that's encrypted, you can back it up all you want as long as you don't break the encryption which you can't do.

If you get one without encryption, you can.