Posted by ptravel on 01/31/07 00:39

On Jan 30, 3:06 pm, "Steve Guidry" <steveguid...@earthlink.net> wrote:
> It just changes the form, and it's for the original viewer's use.
>
> How is that different from you copying a DVD or other show to your computer
> to watch on a plane ? (something I think you said probably was OK ).


Copying a DVD to a computer to watch on a plane is _probably_ fair
use . . .
if you do it for your own use. In your hypothetical, you were doing
it for someone else.

Note, too, that the decisions that are the predicate for this kind of
medium shifting, Sony v. Universal and the MP3 decision (the name of
which escapes me at the moment), didn't consider creation of a
replacement copy that would be, essentially permanent. For instance,
one of the fundamental factual assumptions in the Betamax case was
that people would _not_ compile a library of time-shifted, protected
expression.

Finally, remember that one of the fair use factors is the effect on
the market for the original. As I recall, the original question
addressed a VHS of a television show that would be transferred to
DVD. Given the huge numbers of old television shows that have been
released as DVD editions, it clearly would hurt the market for the
original (and remember, the original is the television show on video,
not necessarily on VHS).


>
> "PTravel" <ptra...@travelersvideo.com> wrote in message
>
> news:smCvh.2840$MN.1176@newssvr23.news.prodigy.net...
>
>
>
> >news:81vvh.18494$w91.7218@newsread1.news.pas.earthlink.net...
> >>I think I know the answer to this, but . . .
>
> >> A customer brings in a VHS tape he made of a TV show.
> >> Says his VHS deck broke and he's not going to replace it.
> >> Wants it transferred to DVD.
>
> >> Can I do this for him without breaking the law ?
>
> > Assuming the VHS is of protected expression, no.
>
> >> And
> >> Can I do this without fear of lawsuit from the copyright holder ?
>
> > I can't answer that.
>
> >> I guess I'm asking for business advice as well as the legal angle.
>
> >> I know that nothing posted here on usenet should ever be construed as
> >> "real" legal advice.

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