[G4] DVD burning..

[Alex]

On Monday, Jun 14, 2004, at 00:06 Canada/Eastern, zhmmy harper wrote:

> When does it become illegal, at extracting files, decoding, burning a 
> new disk, having it in your possession OR actually playing it??? [...]

See the "Pioneer 107 and DVD media question" thread in the archive. It 
addresses some of these issues.

The question is one of copyright, and copyright law differs and is 
interpreted differently from jurisdiction to jurisdiction. What is 
legal in one country, may be illegal in another (e.g., copying an audio 
CD for personal use is legal in Canada but illegal in the US). Also, 
it's an issue which to some extent is still sub judice.

In law, not only the act, but also intent counts. Since one can't argue 
any intent in extracting data from a copyright-protected DVD other than 
breaking the copyright, that's where it becomes illegal. Furthermore, 
copying a DVD illegally and possessing an illegal copy of a DVD are two 
different issues.

> Is it legal to burn a backup copy if you own the original (either CD 
> or DVD)?

In many jurisdictions, no. There is no "backup" of copyrighted artistic 
work; the notion applies only to software. With respect to software, it 
depends on the EULA (end-user legal agreement) -- some permit a single 
backup copy, others don't permit any backup, and some do not mention 
it, which may be interpreted to mean that they permit a single backup 
copy as a procedure established by custom.

However, in some jurisdictions it may be. E.g., in Canada, copyright 
law allows making a copy of an audio CD, even if one doesn't own the 
original, as long as its for personal use exclusively; but copying 
DVDs, even for personal use, is illegal.

> Is it illegal to capture parts of CDs or DVDs, modify them, then 
> incorporate them into new and original music or video?  How much 
> modification is required before a file is considered your own artistic 
> effort?

This is covered by the doctrine of fair use. Again, it differs from 
jurisdiction to jurisdiction, and its interpretation is, again, in 
flux; additionally, you must distinguish between plagiarism and 
artistic effort. The latter may not be the former, but that doesn't 
mean it's licence for breaking the copyright. There is no easy answer; 
but there is also no easy excuse for not seeking permission from the 
copyright holder.

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