Re: [ARSCLIST] DVD video to iPod

[Mike Richter <mrichter@xxxxxxx>]

John Spencer wrote:
> Just curious, is this legal? I thought I read something in some of the 
> earlier posts that the download for the app was out of the US, I'm just 
> one of those who doesn't totally understand copyright in the current 
> generation (YouTube, et. al.).

I have come to believe that no one understands U.S. copyright. If you 
think you do, you should either take the bar exam or lower your own bar. <G>

The following is based on my understanding.

The law permits one to make an archival copy of an unprotected product 
which you own. It does not permit you to break any protective scheme 
such as those on commercial DVDs. Neither does it permit you to convert 
the material to another format - whether or not it is offered in that 
format by the publisher. So you can make an archival copy of a 
commercial CD-DA, but it is outside the law to break the duplication 
barrier of some audio CDs (which cannot bear the CompactDisc logo 
because the protection violates the redbook standard) or of any other 
protected source.

If you have your own material from a camcorder or such, you presumably 
have the rights to what you shot (watch out for copyrighted music, other 
people in the picture, and the like). Then you can convert and duplicate 
as you choose. The situation with telecasts is unclear; only the Betamax 
decision seems applicable. While that suggests that you may time-shift 
(at least, the hardware manufacturer is not liable if you do), it may 
not extend to duplication.

FYI: Before getting into the suit with Capitol, Naxos enlisted the 
services one of the top intellectual-property fims in the U.S. After 
researching the matter, they concluded that all was well. The suit 
rewrote that, of course.

Mike
--
mrichter@xxxxxxx
http://www.mrichter.com/