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Posted by PTravel on 02/07/07 04:35
"Colin B" <Colin B@cb.org> wrote in message news:45c9277b$1@clear.net.nz...
>
> "PTravel" <ptravel@travelersvideo.com> wrote in message
> news:52s41tF1qj8b5U1@mid.individual.net...
>>
>> "Colin B" <Colin B@cb.org> wrote in message
>> news:45c83859$1@clear.net.nz...
>
>>> Or asking the question more directly, can the owner of a copyrighted
>>> protected DVD make one legal back-up copy of this DVD on whatever media
>>> he chooses to do so?
>>
>> There is no basis in copyright law for a "right" to make a back-up copy
>> of a DVD. Time-shifting and media-shifting are examples of fair use
>> defenses to infringement, but "backing up" is not.
>
> So if a person were to copy a DVD on to another DVD, would this be illegal
> because the media has not been "shifted" into a different type of media?
Fair use generally requires that a use be "transformative." Creating an
exact copy will generally not suffice.
> Is it safer, therefore, for a person who wants to watch copies of his DVDs
> while on holiday (rather than taking the originals with him) to copy the
> DVDs on to say, a laptop computer, rather than to make exact copies on
> other DVDs?
It's not a question of "safer," but "legal." As I think I said, I'm not
aware of any case law address video medium shifting. There is still the
issue of the DMCA. Notwithstanding (and this isn't legal advice or a legal
opinion), my laptop is full of movies that I watch when I'm away from home.
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