Burning DVD's for personal use...

[Skyler17]

Hey,

When you burn blu-rays and keep the copy for yourself, if someone of authority found your burned copies how could you prove that it was a backup for a previously bought movie?

Aloha,
T

[aggienader08]

Question: Why would you post this in the movies forum?

You can answer the question for yourself but I'll give you a hint..... proof of purchase.

[persuazion]

Originally Posted by Skyler17

Hey,

When you burn blu-rays and keep the copy for yourself, if someone of authority found your burned copies how could you prove that it was a backup for a previously bought movie?

Aloha,
T

Well unless you save every receipt then there is no way of proving it......I mean if you have a fire or someone steals them then there is no proof of ever having it.I dont think someone of authority would really try and do anything unless you had multiple copies of the same movie....

[Chordata]

Originally Posted by Skyler17

Hey,

When you burn blu-rays and keep the copy for yourself, if someone of authority found your burned copies how could you prove that it was a backup for a previously bought movie?

Aloha,
T

Show them the original BD, that goes with your copy.

[benricci]

I'm thinking it would be wise to close this thread before the discussion heads further into grey territories, and because most of us aren't qualified to dispense legal advice.

[Chordata]

Originally Posted by benricci

I'm thinking it would be wise to close this thread before the discussion heads further into grey territories, and because most of us aren't qualified to dispense legal advice.

LOL "grey territory" is being too nice. I think we all know what the OP is asking.

Regarding legal advice, however, I'm qualified. But he hasn't retained me yet, so I'll withhold any more advice until I get that retainer check.

[Sponge-worthy]

Originally Posted by O_V_N

LOL "grey territory" is being too nice. I think we all know what the OP is asking.

Regarding legal advice, however, I'm qualified. But he hasn't retained me yet, so I'll withhold any more advice until I get that retainer check.

How many hours would you foresee in researching this one?

[Uniquely]

Originally Posted by Skyler17

Hey,

When you burn blu-rays and keep the copy for yourself, if someone of authority found your burned copies how could you prove that it was a backup for a previously bought movie?

Aloha,
T

In the US at least... it wouldn't matter either way. It is illegal to circumvent the copyright restrictions that exist on every single commercial release, and that would be a necessary step in creating a "back up" copy; so the mere posession of a "back up" copy would be proof of criminal action.

[Chordata]

Originally Posted by robinandtami

In the US at least... it wouldn't matter either way. It is illegal to circumvent the copyright restrictions that exist on every single commercial release, and that would be a necessary step in creating a "back up" copy; so the mere posession of a "back up" copy would be proof of criminal action.

Unlike CDs (which is pretty clear that a backup falls under the "fair use" exception), DVDs aren't as clear. Litigation is still pretty fresh (although there's at least one case that suggests copies are not provided for by the DMCA).

Originally Posted by ryan69969

How many hours would you foresee in researching this one?

Probably like 1-2, but I'll bill for 4-5.

[Uniquely]

Originally Posted by O_V_N

Pretty sure you're entitled to make personal back-ups.

Not in the US. It's in the DMRA (Digital Millenium Rights Act.) It is illegal to circumvent the copyright protections that exist on all commercial film releases. No exceptions. It has been this way since DVD. It's illegal to rip a copy to your PC at all... because you have to break the copyright protections to do so.

[Chordata]

Originally Posted by robinandtami

Not in the US. It's in the DMRA (Digital Millenium Rights Act.) It is illegal to circumvent the copyright protections that exist on all commercial film releases. No exceptions. It has been this way since DVD. It's illegal to rip a copy to your PC at all... because you have to break the copyright protections to do so.

I revised my post before you replied.

I disagree with you; it's not clear. There are not a lot of decisions on it. One of the few I'm aware of is being appealed. And that one was against a company that provided software that allowed ripping. It was not an action against individuals.

[Uniquely]

Originally Posted by O_V_N

I revised my post before you replied.

I disagree with you; it's not clear. There are not a lot of decisions on it. One of the few I'm aware of is being appealed. And that one was against a company that provided software that allowed ripping. It was not an action against individuals.

That is the intent of the DMRA (that back up copies NOT be legal)... whether the courts actually back the MPAA up on that may well end up being a different story on appeal... but this being the USofA and all... I'm feel pretty confident that the DMRA will withstand legal challenge.

[Chordata]

Originally Posted by robinandtami

That is the intent of the DMRA (that back up copies NOT be legal)... whether the courts actually back the MPAA up on that may well end up being a different story on appeal... but this being the USofA and all... I'm feel pretty confident that the DMRA will withstand legal challenge.

It's not about the courts "backing the MPAA up," it's about the document. Rock-solid documents are penetrated all the time. There are hundreds of arguments that could be made against i. I do it every day.

In any event, can you please find the part of the DMRA that says an individual cannot make a personal back-up copy of a DVD?

Further, making a backup copy of a DVD for your own personal use (not for sale) is not criminal. It might subject you to civil fines, but you're not going to jail for it.

[mikejet]

Does the DRMA apply to CD's too? Cause then wouldn't programs like iTunes that allow you to backup the music on a CD to an iPod be illegal as well?

[Uniquely]

Originally Posted by O_V_N

It's not about the courts "backing the MPAA up," it's about the document. Rock-solid documents are penetrated all the time. There are hundreds of arguments that could be made against i. I do it every day.

In any event, can you please find the part of the DMRA that says an individual cannot make a personal back-up copy of a DVD?

Easy Peasy

(a) Violations Regarding Circumvention of Technological Measures.
(1)
(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title.

You know the software that one has to use in order to "rip" a copy to their PC? That's what that software does.... circumvent the electronic copyright protections that have existed on commercial releases since DVD.

[jw]

You can make legal backup copies if you own and retain the original. I will tell you the average joe police officer doesnt give a rats @$$ about bootleg movies unless you are selling them.

based on what I have read its who interperts the law as one law contradicts the other

The ability to create copies of the media you've purchased for personal use is a long-accepted facet of the fair-use doctrine in U.S. copyright law (at least, it used to be). However, the Digital Millennium Copyright Act (DMCA) states that it's illegal to break the CSS copy-protection mechanism employed by most commercial DVD movies. What does that mean? Most fair-use advocates say that the policy directly contradicts U.S. copyright law, but the DMCA seems to indicate that you cannot make a copy of a commercial DVD, even for personal use, and you certainly cannot give a copied DVD to anyone or watch copied DVD files on your computer. We assume that fair use will eventually catch up and be established as a safety valve for consumers (which has been the pattern with previous technologies, such as VHS), but for now, the territory is still uncertain and a bit dangerous.

[Chordata]

Originally Posted by mikejet

Does the DRMA apply to CD's too? Cause then wouldn't programs like iTunes that allow you to backup the music on a CD to an iPod be illegal as well?

Well, first of all, it's not the DRMA or the DMRA -- it's the DMCA.

I'm not sure how it relates to the RIAA and CDs. It's been held that the RIAA's "fair use" provisions allow consumers to back up their CDs as long as it's for personal use.

[Chordata]

Originally Posted by robinandtami

Easy Peasy

(a) Violations Regarding Circumvention of Technological Measures.
(1)
(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title.

You know the software that one has to use in order to "rip" a copy to their PC? That's what that software does.... circumvent the electronic copyright protections that have existed on commercial releases since DVD.

What's the section number?

I appreciate your interpretation of it, but I'd like to see some judges' interpretations. As I've said before, the caselaw is murky.

[Beta Man]

Originally Posted by jwbbud

I believe you are incorrect, You can make legal backup copies if you own and retain the original. I will tell you the average joe police officer doesnt give a rats @$$ about bootleg movies unless you are selling them.

based on what I have read its who interperts the law as one law contradicts the other

I was waiting for someone else to chime in first.... because I moved this here, and I know NOTHING about the legality of such things....

My Brother-In-Law makes back-ups of his DVDs because the kids scratch them up from abusing them, so he makes a couple at a time, and just replaces the "in-use" disc with a new one as soon as it becomes unplayable.....

I don't think making backups of Blu-rays would be very cost-effective though OP...... You're better off buying a new copy should you ever need one..... By the time you've worn out the scratch resistant coating, you'll be able to replace it for $8 or so

[bhampton]

I think I saw something about this in a FBI Warning of just about every movie I have.