talkmagic.co.uk

Hi all;

hot topic maybe, just down shoot yet

I am starting to accumulate a nice collection of magic DVDs, and I'm getting worried that some might get scratched etc... as I tend to always take a few with me when I travel for example.

So my question is:

Is it OK, i.e. legal to make a DVD copy for myself and keep them in case the originals get damaged?

From an ethical point of view, it seems OK, since I obviously paid for the DVDs in the first place. On the other hand if I bought a DVD player and it got dammaged, I'd have to buy a replacement, so I'm honestly not sure.

What do you think? Please don't kill me for asking - it's an honest question

LP

This is perfectly legal if you are only making a copy of the disc for your own backup, although depending on what copy protection the DVD has, the software you'd have to use to successfully make a copy may well be illegal.

Don't worry about it. You paid for it and if you keep the original disk they won't have anything on you. D.V.D copying technology, like little plastic baggies, must have a legitimate reason for existing.

queen of clubs wrote:This is perfectly legal if you are only making a copy of the disc for your own backup, although depending on what copy protection the DVD has, the software you'd have to use to successfully make a copy may well be illegal.

Actually, in the UK the opposite is true. The legality of the ripping software has not been tested, but copyright infringement is certainly illegal.

Making backup copies or creating ISOs you store on your hard disk to view at convenient times counts as copyright infringement. However... the BPI has stated publically that it will not prosecute individuals backing up their CDs and so on. In practice you will be OK. Start distributing your files and you could face trouble.

Copyright infringement is certainly illegal, however making an exact copy of a DVD for your own backup purposes does not infringe UK copyright law, but ripping your CDs to your MP3 player - bizarrely - does (although this is a technicality since the BPI has made clear they will not pursue people for this).

The legal status of DVD decryption software is untested in the UK.

scratches can easily be fixed by rubbing a whitening toothpaste onto a dry disc. much easier than copying.

1. Toothpaste is really too abrasive and you may scratch the disc worse than it already is. Might as well use Ajax. You can buy special polishes and waxes/creams that may polish out CD/DVD scratches. Personally I would not want to rely on this but some people get results.

2. Scratching isn't the only bad thing that can happen to a disc.

Charles Calthrop wrote:making an exact copy of a DVD for your own backup purposes does not infringe UK copyright law

I don't think that this is correct. Do you have any pointers to changes in the law? The last time I checked, which was a little while back to be honest, the only 'personal use' cause that has been added to UK law regarded backing up software.

Le Petit Bateleur wrote:Is it OK, i.e. legal to make a DVD copy for myself and keep them in case the originals get damaged?

It is very unlikely that anyone would prosecute you for this. Even if they did, your lawyer might suggest a defense based on 'fair dealing', which is specified as an exception to copyright restrictions.

To quote the Copyright, Designs and Patents Act 1988 (c. 48):

"Research and private study.— [F1 (1) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research for a non-commercial purpose does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement.]"

(The details...)

And I am not a lawyer...

That's section 50. Section 29 of the CDP Act is concerned with fair dealing. This has been interpreted as making the private backup of a movie (for example) legal. As far as I know this view hasn't been tested but no copyright holders have been rushing to get a ruling.

Thank you very much everybody.

So at least from an ethical standpoint, nobody seems to think it would be unfair of me towards the artists to make private copies?

I will also check the local regulations in the country I live just in case.

I never thought of the legality of the copying software, good point. I don't have one yet, but checking quickly on amazon, there seem to be plenty which are relatively good value. I'm rubish at IT stuff - what's a good one to get? I see "Roxio" is getting good reviews, "Nero", the one I had heard of, not really.

Cheers
LP

Roxio and Nero will not make copies of commercial, encrypted DVDs. Something like that will be useful for writing your disc once you've ripped it. If you're just going to store the ISO then you don't necessarily need to write it to disc though.

I would recommend something like DVDShrink (which is free - if you find someone charging for it then run away), provided it's not illegal under your laws.

DVDShrink had a cease and desist order against it a few years ago, so you'll have to track down an old version.

Ian

Honestly I think the main point has already been made. You CAN copy it, with no threat of legal trouble, however you CAN NOT legally distribute them, that includes loaning them out or giving them to friends, or selling them to anybody.

In the United States they have the Digital Rights Millenium Act which makes circumventing the copy protection on your DVD illegal. So the previous Fair Use act (where it refers to copying) becomes redundant! i.e. The Fair Use Act says you can legally make reasonable backups for your own use. However, the DRM act says you cannot bypass the copy protection.

In Canada there is no such ridiculous law! However, we like many of the G7 countries, add a CD levy. In Canada that has just been increased to 29 cents per CD. There is no DVD levy, yet!

I am sure that there is no aggressive activity on the part of manufacturers to hunt down individuals who ignore the law--but there have been cases of young children being charged.