DVD Copying Laws
Many people own computers capable of burning DVDs, but few are aware of the laws regarding such behavior. Many times people buy computers with DVD-burning software pre-installed, and then never use it in fear of breaking copyright laws. With a better understanding of the copyright laws, people understand how to make legal copies of their favorite movies.
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DMCA
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The Digital Millennium Copyright Act, also known as DMCA, states that it's illegal to break any encryption or anti-piracy element employed by a DVD. In layman's terms, the DMCA states that it's not illegal to copy DVDs for personal use, but breaking or hacking the DVD's coding in the process is illegal. The DMCA was passed by Congress in 1996 to fight against the growing popularity of buying bootlegged copyright material.
Fair-Use Doctrine
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The fair-use doctrine is a commonly accepted doctrine in the U.S. It states that a consumer can make personal copies of his material if he doesn't attempt to profit from it or is using it for criticism, news reporting, teaching, scholarship or research. The fair-use doctrine also may apply to copyright material depending on whether it's used for commercial or nonprofit purposes, the nature of the copyrighted work, how much of the copyrighted work will be used and the effect the displayed copyrighted work will have for the copyrighted work's market.
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Turning The Tides
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Until February 2004, it was considered legal for consumers to make a direct copy of DVDs. That month, Hollywood studios sued 321 Studios, a software company, stating that the software the company was selling to copy copyrighted material was in violation of the DMCA. After an eight-month hearing, San Francisco judge Susan Illston ruled in favor of Hollywood studios, stating that copying material is not illegal but that using a program that bypasses the CSS anti-piracy encryption is illegal.
Bottom Line
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The fair-use doctrine makes it legal to make copies of DVDs that consumers buy, as long as the consumer does not intend to make profits from the copy or hold mass viewings without the original creator's permission. But the DMCA states that any program that hacks or bypasses the CSS anti-piracy encryption that most DVD ripping software contains is illegal.
Staying Legal
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To legally copy a DVD, you need to do some research about the software you're going to use. If the software states that the DVD's original coding will be copied, it is an illegal program. If you wish to copy material with the CSS coding, you must first record the tape to VHS so the original coding and CSS do not transfer. Then create a fresh DVD by copying the VHS to a DVD format. Although the DVD might lose some quality in the process, no copyright infringement will occur.
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