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Old 06-30-2011, 07:29 AM
 
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Is it possible and legal to take programs on my dvr and record then to dvd? Is this easily done if my dvd player has a record function?
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Old 06-30-2011, 09:17 AM
 
Location: Barrington, IL area
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Possible, yes. Legal, not sure. My dad does it all the time, has the DVD recorder hooked up to the DVR, and simply dubs the programs onto a DVD.
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Old 06-30-2011, 09:38 AM
 
Location: Cleveland, Ohio
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Possible, yes. Legal, yes.
I do this.
As long as you aren't making a profit on any of it.
It is no different then recording shows on VCR's.
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Old 06-30-2011, 11:32 AM
 
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You can record something because it's considered "time shifting" but amassing a collection is copyright infringement. It's complicated topic, there is no case precedent where anyone has ever been sued I'm aware of. Same thing with DVD, whether you can make a copy of your DVD's or other videos you have purchased with copy protection has never been tested in court and it will never will be because it's superseded by the DMCA.
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Old 06-30-2011, 01:07 PM
 
Location: Cleveland, Ohio
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Quote:
Originally Posted by thecoalman View Post
You can record something because it's considered "time shifting" but amassing a collection is copyright infringement.
Disagree. It is considered FAIR USE by the courts and has been considered such since 1984. The medium, Betamax, VHS or DVD, does not matter.

Quote:
It's complicated topic
It is. But as long as you are recording them FOR YOUR OWN PERSONAL USE you are not harming the copyright owner.

BETAMAX CASE - The Museum of Broadcast Communications
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Old 06-30-2011, 09:54 PM
 
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Quote:
Originally Posted by Peregrine View Post
It is. But as long as you are recording them FOR YOUR OWN PERSONAL USE you are not harming the copyright owner.

BETAMAX CASE - The Museum of Broadcast Communications
The betamax case only adresses "time shifting" or recording something for later viewing, it doesn't address amassing a collection of copyrighted material.

Quote:
Register's Testimony: Piracy Prevention and the Broadcast Flag

Many of the comments in the FCC proceeding, however, misstate the nature of fair use and its role in our copyright system. Much of this confusion stems from a misreading of the Supreme Court's opinion in Sony Corp. v. Universal City Studios,(13) the first opinion in which the Supreme Court addressed fair use. (14)

In Sony, motion picture copyright owners brought a copyright infringement action against the manufacturer of the Betamax VCR. The claim was asserted under a theory of secondary liability, based on the consumers' use of the VCR to record television programs broadcast free over the air. The Court's 5-4 opinion addressed two issues: first, borrowing from the “staple article of commerce” doctrine in patent law, it ruled that secondary copyright liability could not be imposed based solely on the manufacture of copying equipment like the VCR where the device at issue “is capable of substantial noninfringing uses.” (15) Second, it found that the VCR had “substantial non-infringing uses,” including making reproductions of broadcast television programs for purposes of “time-shifting,” that is, watching a show at a time later than when it is broadcast. (16)

The Court's finding that “time-shifting” of broadcast television programs was fair use was based predominantly on its analysis of the first and fourth factors in Section 107—namely, whether time-shifting adversely affects the market for or value of the copyrighted works at issue. The court concluded that “time-shifting merely enables a viewer to see such a work which he had been invited to see free of charge” and that therefore it was a “non-commercial” use. (17) It also found that the copyright owners had not provided sufficient evidence “that time-shifting would cause any likelihood of nonminimal harm to the potential market for, or the value of, their copyrighted works.” (18)

Having found that “time-shifting” was a “substantial non-infringing use” of the VCR, the Court did not consider whether other activity related to home taping of broadcasts—such as creating a library of recorded shows, making further copies from the initial recording or distributing recorded shows to friends or others—would qualify as fair use. Nor did the Court rule, as one commenter suggests, that recognizing “time-shifting” as fair use was based on First Amendment concerns. (19) Thus, the suggestion that the Sony decision established a fair use “right” for individuals to engage in a wide variety of reproduction and distribution activities is simply incorrect.(20)
The issue that arises is there is no case precedent, to the best of my knowledge no one has ever been sued for making collections of recorded material. That doesn't make it legal though.

Quote:
or DVD, does not matter.
This has not and will not be addressed in the courts because it's superseded by the DMCA. The DMCA doesn't address making copies but copy protection, whether the copy is legal or not becomes irrelevant because you have to break the copy protection thereby breaking the law to obtain the copy.
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Old 07-01-2011, 08:24 AM
 
Location: Cleveland, Ohio
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Quote:
Originally Posted by thecoalman View Post

The DMCA doesn't address making copies but copy protection,
So if they haven't said that you can't... surely you can.
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Old 07-01-2011, 10:06 AM
 
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Quote:
Originally Posted by Peregrine View Post
So if they haven't said that you can't... surely you can.
The only thing this might apply to is copyrighted material that has no copy protection which really doesn't exist. In that case since there is no exceptions based on rulings of the court you have to fall back onto common copyright law that says you can't.

We have exceptions in copyright law for reproducing some things, there is specific exception for backing up software, there is the Home Recording Act for audio and the Betamax case for timeshifting... Note the DMCA still applies here so if your software is copy protected you can't back it up.


There is no exception that addresses video.
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Old 07-01-2011, 01:17 PM
 
Location: Cleveland, Ohio
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But according to you this only applies to time shifting. I just don't undertand what is the difference to time shifting one program as opposed to 50 programs... Who says where to draw the line?
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Old 07-01-2011, 01:18 PM
 
Location: Cleveland, Ohio
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and to the OP: sorry we sidetracked your post, but I think your question is answered. Copy away to your heart's content. Whether it i legal or not, you won't get busted.
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