Piracy or not Piracy

[TimBoz]

I am interested (eventually) in starting a business providing a service where genuine owners of VHS tapes and vinyl records/audio tapes are transferred to DVD or Audio CD.
Does anyone know where I can find information regarding what-to-do and what-not-to-do legally regarding this subject?
Would it be sufficient to simply add a text file to a DVD/Audio CD customer disk stating that it is the 'sole property of Joe Bloggs'.
What about the cover?
Can I simply scan the original cover and scale it down to the case size or does copying media to a different format and print the cover to fit the media case violate copyright infringment?
Some media says that it cannot be reproduced in any way or form, though it is generally accepted now that a person can own a backup copy. Can such a person authorise someone alse to create this backup copy?

[fewtch]

Trouble is that laws vary from country to country. Best way (IMO) short of hiring an attorney is to browse other sites offering the same or similar services and look at how they do it.

If it were me, I'd just be careful and if threatened by RIAA/MPAA then do exactly what they say.

[Mug Funky]

i know this is illegal in australia. and it'll be illegal in the US if any of those VHS tapes are Macrovision protected.

practically every form of copying is illegal in australia - scanning covers, dubbing tapes, making cassettes of your vinyls, making CDs of your cassettes... even making mp3s for your iPod from your own CDs is illegal here.

thankfully it isn't enforced (yet) unless someone actually tips off the pirate police (universities get raided all the time for their mp3s which is bad news for multimedia students who might actually need to download more than ujst text files, but get warning letters in the mail if they download more than what admin deems "reasonable", but i digress).

that said, there's actually businesses running in my town that specialise in digitizing your stuff - LPs, tapes, etc.

[dragongodz]

thankfully it isn't enforced (yet)
yes things like taping your albums is one of those ignored laws because it will not benefit anyone. its a stupid law to start with only there because we have no official "fair use". now with the freetrade agreement(since when has copyrights and patents been about trade tarifs and price fixing via subsidies(which still goes on) etc ?) it does open the way for U.S. companies to go sue happy as they are in their own country.

there's actually businesses running in my town that specialise in digitizing your stuff - LPs, tapes, etc
here aswell. apparently the guy who does it even makes you sign a statement saying the LP's are yours and you take all responibility for any illegality or such which may arrise in the future. as if that would hold up in court. :D

[fewtch]

Originally posted by dragongodz
here aswell. apparently the guy who does it even makes you sign a statement saying the LP's are yours and you take all responibility for any illegality or such which may arrise in the future. as if that would hold up in court. :D
I'm not a lawyer, but I think it would hold up in court OK. There are several Internet businesses specializing in copying vinyls to CD-R, although at least one of them requires you to actually buy the vinyl from them (then they send you both vinyl and CD-R with the latter as your legal "backup copy" allowed in the USA).

P.S. I thought it was bad in the USA, but you Aussies really got it bad... yeesh... :eek:

[jggimi]

See Adam's posts starting at this point: http://forum.doom9.org/showthread.php?s=&postid=587481#post587481

[Paulcat]

Canadian copyright law states that you are allowed to make a backup of your cds/dvds/tapes/videogames PROVIDED the seller of said property does not provide a second copy at a reduced price.

For example if you buy the new U2 cd for say $20, and you cannot obtain a backup copy for a reduced price, you are allowed to make a backup for yourself, almost a necessity if you have young children :-)

Of course the manufacturers of cds/tapes/dvds/videogames have anti-copy protection on them that infringes on our right to fair use...a backup that doesn't work is useless, but they do have the right to protect their property from theft.

[dragongodz]

See Adam's posts
which is of course not applicable to all countries etc etc etc. :)

I'm not a lawyer, but I think it would hold up in court OK.
here in Aus ? i doubt it. he is making money from this and performing the actual breach of law. making someone sign a paper saying its their fault i am pretty sure wouldnt hold up here.

facts about Aus copyright laws.
1. taping from tv for later viewing. now people can quote the betamax versus sony case in the U.S.A. but guess what, it doesnt apply here. yep its actually illegal excepting under "fair dealing". that basically means if used for research, copying by educational institutions or copying for government purposes. thats right a home user actually has no rights to tape a tv program here, you must get permission from any and all copyrights holders(the tv station, the program producer etc etc etc).
2. it is illegal to copy a cd or record to another medium, such as tape. again you need permission from any and all copyrights holders. excepting "fair dealing" again which of course does not apply to the general public.

the relevant taping from tv copyrights information can be read in full here if anyone wishes
http://www.copyright.org.au/PDF/InfoSheets/G025.pdf

so hang on why are video recorders ,dvd recorders and tape recorders sold here legally ? simple these are non-enforced laws for private use. by that i mean the government is not interested in wasting its time arresting people for taping a tv show or taping a record they bought on to tape etc. they know fully well if they tried to go after people for such things there would be a big backlash. the only time they are interested is when someone tries to make money from it. with the advent of the so-called freetrade agreement and the rights that gives to U.S.A. companies we will have to wait and see how the government and respective agencies react to the pressure they will get. knowing john howard we can expect him to have very dirty knees.

so why arent these laws changed ? because the Aus governments(federal and states) are slack. as far as they are concerned they are not being enforced so they are not a problem. i remember there was a case against a woman ,i think it was early last year, where she arrested for wearing inappropriate footware in some government area or such(hey this is from memory). when brought up to the S.A. government they dropped the charges and brought in legislature to remove that law. i should mention the law in question was nearly 100 years old and yes was still there in black and white and not enforced for nearly as long until this 1 case.

i could go in to more cases/examples of what the law says and what the legal agencies enforce being different here but that should give you an idea. :D

[fewtch]

Originally posted by dragongodz
2. it is illegal to copy a cd or record to another medium, such as tape. again you need permission from any and all copyrights holders. excepting "fair dealing" again which of course does not apply to the general public.
That is insane. Well, is it almost illegal then for you to even be registered on this forum? :D

[fccHandler]

It's not insanity, just greed. If you want two copies of a CD (one to keep at home and one to keep in your car, for example) then you're expected to buy two copies. That's the whole idea.

But not allowing recording of TV shows is insane. Like, how else can you watch your favorite Aus TV show if you have to be at work or something?

[dragongodz]

If you want two copies of a CD (one to keep at home and one to keep in your car, for example) then you're expected to buy two copies. That's the whole idea.
hmm and what of mp3 players, that are again legally, sold here ? according to the strictest sense putting any bought music ,even ancient albums which you can no longer buy, is illegal.

But not allowing recording of TV shows is insane. Like, how else can you watch your favorite Aus TV show if you have to be at work or something?
under the law you are not allowed to.

consider this though, all these devices(vcr, tape recorders, dvd recorders, mp3 players etc) are all legally sold. consider also the government takes their cut from sales with GST for not only them but also all blank media. also if they were to turn around and say you couldnt tape a tv show or tape an album you bought so as to play in your car(for example) there would be a backlash(especially tv for sure).

so as i said these are ignored laws. ignored not just by the public but ignored by the government in the case of personal use. infact you could say sponsored ignoring of these laws because they do not stop or restrict such devices but take their cut from them. :D

oh and i wont even bother to go in to decriminalised laws. :eek:

[Paulcat]

It's a well known fact that more and more laws are introduced every day, HOWEVER, the outdated laws are hardly ever removed.

The city of Toronto has a bylaw that prohibits walking a bear on the sidewalk on a Sunday...?!

[MaxT]

Sweden still have some old laws where if you had sex with mom of your (ex)wife, then you, your (ex)wife and her mom will be burned alive. How's that? :D :D :D

PS: I'm now swedish, nor do I live there, PHEW! :D

[Paulcat]

Well, I don't have a bear to walk, so I'm hoping your example is not something "close to home", ahem!

[Mr_Khyron]

Originally posted by MaxT
Sweden still have some old laws where if you had sex with mom of your (ex)wife, then you, your (ex)wife and her mom will be burned alive. How's that? :D :D :D

PS: I'm not swedish, nor do I live there, PHEW! :D

eeh?
Such law dont exist in sweden, maybe in a state in USA but not sweden. :p