Fair Use Copyright Rules for DVD's
- DVDs, like films, are protected under copyright laws.a dvd-r disc image by wayne ruston from Fotolia.com
Copyright laws are intended to protect the authors and creators of original works from unauthorized sale, duplication, or modification. By protecting works such as songs, movies and books, the copyright law helps promote creative pursuits. However, copyright laws also contain provisions for fair use, which places certain limits on how, and when, authors and creators are protected. - In the United States, fair use laws are defined in Title 17 of the U.S. Code. Sections 107 through 118 deal with the limitations on the rights reserved for authors. The biggest of these limitations is fair use, which allows others to reproduce or modify copyrighted works for purposes of education, journalism or criticism.
- Fair use law permits DVD owners who purchase a legitimate copy to produce a back-up disc for personal use. While this type of fair use is not listed explicitly in the U.S. Code, courts have consistently ruled in favor of consumers who use a computer of DVD recorder to make personal back-ups, making this type of fair use a de facto rule.
Lawsuits against those who make copies of DVDs, enacted by the movie studios that hold the copyrights to the protected content, are largely based on the concern that DVD owners will sell the copies they make, which would be a clear violation of copyright law and could threaten the profits of studios. - Most DVDs include an FBI warning screen, which indicates that the copy is only licensed for noncommercial exhibition in the home. However, fair use law creates several exceptions to this rule. One is the case of a non-profit educational institution, such as a public school or non-profit university. These institutions may screen DVDs for educational purposes in class without obtaining permission from the copyright holder. However, the same institutions may not screen the same DVDs for entertainment purpose at social events.
Another exception to copyright laws that forbid exhibition is public libraries, which receive special rights in the U.S. Code. Libraries may screen DVDs for the public without receiving permission, as long as they don;t charge patrons to view the film. They may also purchase DVDs commercially and lend them as part of the public library system. - Extracting DVD clips is another of the rights reserved for the creators of a film. But using clips for criticism or news reporting is allowed under fair use. This is the case when a television news program shows clips from a newly-released DVD as part of a film critic's review, or when talk show hosts show clips before interviewing a film star (though, in many cases, the producers of a television show may seek written permission to sue the clips as a precaution). Other critics or journalists may extract clips or still images from a DVD to accompany a news item or review.
- You may need to obtain special software to overcome your DVD movie's copy guard. Some software removes the copy guard signals altogether. The Motion Picture Association of America is fighting to have the guard by-pass software declared illegal. Also, be aware that there is a distinction between copying a DVD you bought and one you rented Copying rented DVD movies for private viewing is still somewhat of a gray area, advises BurnWorld.com.
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