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Is it legal to back up a DVD title you own, and on what basis?

Example:

I have a considerable collection of DVDs that I play often. I take real
good care of them, always returning them to their sleeve after playing, etc
However, a friend of mine recently had a fire and lost his whole collection
and I realized the same thing could happen to me. That would be a major
bummer!

I'd like to make backups to insure against loss or destruction of the
original material.
The only way to protect it would be to store it away from the original
DVD.(i.e. not in my house or car). Safety deposit boxes would be way to
expensive.

Can I make copies for someone else to hold for me? In exchange, in lieu of
a expensive fee or monthly storage charges, I would be willing to hold their
backup copies on a one disk to one disk basis with the understanding that I
can't view theirs, and they can't view mine.

Sort of a mutual protection to mutual protection (MP2MP) {LOL}network, club,
or organization.

What are the legal issues involved?

LesV wrote on [Thu, 03 Mar 2005 16:56:36 GMT]:
> Is it legal to back up a DVD title you own, and on what basis?

Depends on what country you live in. In the US, no. It is not legal to
copy a DVD.

> I have a considerable collection of DVDs that I play often. I take real
> good care of them, always returning them to their sleeve after playing, etc
> However, a friend of mine recently had a fire and lost his whole collection
> and I realized the same thing could happen to me. That would be a major
> bummer!

Apparently you haven't heard of insurance?

"LesV" <> wrote in message
news:8lHVd.317957$...
> Is it legal to back up a DVD title you own, and on what basis?
>
> Example:
>
> I have a considerable collection of DVDs that I play often. I take real
> good care of them, always returning them to their sleeve after playing,
etc
> However, a friend of mine recently had a fire and lost his whole
collection
> and I realized the same thing could happen to me. That would be a major
> bummer!
>
> I'd like to make backups to insure against loss or destruction of the
> original material.
> The only way to protect it would be to store it away from the original
> DVD.(i.e. not in my house or car). Safety deposit boxes would be way to
> expensive.
>
> Can I make copies for someone else to hold for me? In exchange, in lieu
of
> a expensive fee or monthly storage charges, I would be willing to hold
their
> backup copies on a one disk to one disk basis with the understanding that
I
> can't view theirs, and they can't view mine.
>
> Sort of a mutual protection to mutual protection (MP2MP) {LOL}network,
club,
> or organization.
>
> What are the legal issues involved?
>
>

In simple terms, yes, you are allowed to make a backup of your own DVD.
However, legally you cannot defeat or override any code that defeats the
copy protection scheme placed on the original DVD by the Copyright Owner.
This is the Catch 22. It's like pot - you can smoke it but you're not
allowed to have it!

Also, if you distribute your backup copy (ie: give it to someone else), the
original must go with it and vice versa. This suggests that your backup must
be kept with the original (which kinda defeats the purpose of having a
backup).

You should read the DMC Act for 'clarification'. Good luck

Homeowner's insurance.......

"LesV" <> wrote in message
news:8lHVd.317957$...
> Is it legal to back up a DVD title you own, and on what basis?
>
> Example:
>
> I have a considerable collection of DVDs that I play often. I take real
> good care of them, always returning them to their sleeve after playing,
etc
> However, a friend of mine recently had a fire and lost his whole
collection
> and I realized the same thing could happen to me. That would be a major
> bummer!
>
> I'd like to make backups to insure against loss or destruction of the
> original material.
> The only way to protect it would be to store it away from the original
> DVD.(i.e. not in my house or car). Safety deposit boxes would be way to
> expensive.
>
> Can I make copies for someone else to hold for me? In exchange, in lieu
of
> a expensive fee or monthly storage charges, I would be willing to hold
their
> backup copies on a one disk to one disk basis with the understanding that
I
> can't view theirs, and they can't view mine.
>
> Sort of a mutual protection to mutual protection (MP2MP) {LOL}network,
club,
> or organization.
>
> What are the legal issues involved?
>
>

The disc belongs to the purchaser. The content belongs to the studio.

Are you not allowed to protect your property from loss or destruction?

That's like saying you can back up the data on your computer but you have to
leave it on your computer.

How stupid is that?
"Rob" <> wrote in message
news:qLHVd.26917$...
> "LesV" <> wrote in message
> news:8lHVd.317957$...
> > Is it legal to back up a DVD title you own, and on what basis?
> >
> > Example:
> >
> > I have a considerable collection of DVDs that I play often. I take real
> > good care of them, always returning them to their sleeve after playing,
> etc
> > However, a friend of mine recently had a fire and lost his whole
> collection
> > and I realized the same thing could happen to me. That would be a major
> > bummer!
> >
> > I'd like to make backups to insure against loss or destruction of the
> > original material.
> > The only way to protect it would be to store it away from the original
> > DVD.(i.e. not in my house or car). Safety deposit boxes would be way to
> > expensive.
> >
> > Can I make copies for someone else to hold for me? In exchange, in lieu
> of
> > a expensive fee or monthly storage charges, I would be willing to hold
> their
> > backup copies on a one disk to one disk basis with the understanding
that
> I
> > can't view theirs, and they can't view mine.
> >
> > Sort of a mutual protection to mutual protection (MP2MP) {LOL}network,
> club,
> > or organization.
> >
> > What are the legal issues involved?
> >
> >
>
> In simple terms, yes, you are allowed to make a backup of your own DVD.
> However, legally you cannot defeat or override any code that defeats the
> copy protection scheme placed on the original DVD by the Copyright Owner.
> This is the Catch 22. It's like pot - you can smoke it but you're not
> allowed to have it!
>
> Also, if you distribute your backup copy (ie: give it to someone else),
the
> original must go with it and vice versa. This suggests that your backup
must
> be kept with the original (which kinda defeats the purpose of having a
> backup).
>
> You should read the DMC Act for 'clarification'. Good luck
>
>

Touché

What if I'm walking down the street with the DVD's in a briefcase and
somebody steals it?

"Biz" <> wrote in message
news:mNHVd.318088$...
> Homeowner's insurance.......
>

I have and I am.

I think you might be missing the point of the discussion.

I had hoped this would be discussion of property rights, as defined by the
law.


> Apparently you haven't heard of insurance?
>

For the sake of argument, lets assume the DVDs to be copyrighted, but not
copy protected. No technology will be circumvented in order to create a
copy.

"LesV" <> wrote in message
news:8lHVd.317957$...
> Is it legal to back up a DVD title you own, and on what basis?
>
> Example:
>
> I have a considerable collection of DVDs that I play often. I take real
> good care of them, always returning them to their sleeve after playing,
etc
> However, a friend of mine recently had a fire and lost his whole
collection
> and I realized the same thing could happen to me. That would be a major
> bummer!
>
> I'd like to make backups to insure against loss or destruction of the
> original material.
> The only way to protect it would be to store it away from the original
> DVD.(i.e. not in my house or car). Safety deposit boxes would be way to
> expensive.
>
> Can I make copies for someone else to hold for me? In exchange, in lieu
of
> a expensive fee or monthly storage charges, I would be willing to hold
their
> backup copies on a one disk to one disk basis with the understanding that
I
> can't view theirs, and they can't view mine.
>
> Sort of a mutual protection to mutual protection (MP2MP) {LOL}network,
club,
> or organization.
>
> What are the legal issues involved?
>
>

LesV wrote on [Thu, 03 Mar 2005 17:54:07 GMT]:
>
> I have and I am.
>
> I think you might be missing the point of the discussion.

Then why throw in superfluous information that has nothing to do with
your goals?

>
> I had hoped this would be discussion of property rights, as defined by the
> law.

And I answered that given the information you provided

>> Apparently you haven't heard of insurance?
>>
>
>

The questions in the original post are as follows:

1) Is it legal to back up a DVD title you own, and on what basis?
2) Can I make copies for someone else to hold for me?
3) What are the legal issues involved?

I also provided an EXAMPLE.

The DMCA provides for, but is not limited to, "fair use" for consumers as
follows:

The following is copied from a PDF (Digital copy - LMFAO) of the DMCA:
Copyright Office Summary December 1998 Page 3

Article 18 of the WPPT contains nearly identical language.

Section 103 of the DMCA adds a new chapter 12 to Title 17 of the U.S. Code.

New section 1201 implements the obligation to provide adequate and effective

protection against circumvention of technological measures used by copyright
owners

to protect their works.

Section 1201 divides technological measures into two categories: measures
that

prevent unauthorized access to a copyrighted work and measures that prevent

The Digital Millennium Copyright Act of 1998

unauthorized copying of a copyrighted work. Making or selling devices or
services that 2

are used to circumvent either category of technological measure is
prohibited in certain

circumstances, described below. As to the act of circumvention in itself,
the provision

prohibits circumventing the first category of technological measures, but
not the

second.

This distinction was employed to assure that the public will have the
continued

ability to make fair use of copyrighted works. Since copying of a work may
be a fair use

under appropriate circumstances, section 1201 does not prohibit the act of
circumventing

a technological measure that prevents copying. By contrast, since the fair
use

doctrine is not a defense to the act of gaining unauthorized access to a
work, the act of

circumventing a technological measure in order to gain access is prohibited.

Section 1201 proscribes devices or services that fall within any one of the

following three categories:

! they are primarily designed or produced to circumvent;

! they have only limited commercially significant purpose or use other

than to circumvent; or

! they are marketed for use in circumventing.