[kwlug-disc] are you going to be a criminal?

unsolicited unsolicited at swiz.ca
Mon Jun 7 00:39:35 EDT 2010

Bob Jonkman wrote, On 06/07/2010 12:13 AM:
> Andrew Kohlsmith (mailing lists account) wrote:
>> Format shifting is also fair use. Being able to watch it on a DVD 
>> player of my
>> own making is also fair use.
> Of course, if we're going to be analyzing a legal document (like a 
> pending bill) we should be using the right terminology.
> "Fair Use" is a U.S. exemption to copyright which does not apply in 
> Canada.  Canada has "Fair Dealing", which covers only five explicit 
> exceptions:
>   Review
>   Criticism
>   Research
>   Private Study
>   News Reporting
> There is no Fair Dealing for format shifting, time shifting, satire, 
> parody or watching DVDs on a player of your own creation (you must pay a 
> license fee on the order of tens of thousands of dollars to the DVD Copy 
> Control Association, otherwise you're infringing by making a copy of the 
> deCSS software or firmware).
> Even if your use of copyrighted material falls under one of the Fair 
> Dealing provisions you may still be infringing depending on the amount 
> of material you copy, the length of time you intend to use it, whether a 
> non-infringing alternative was available.  It is also possible that the 
> Review and News Reporting provisions only apply to paid journalists.  
> Bloggers may be infringers if they quote an excerpt of a copyrighted 
> work on their book/film/music review blog...
> Format Shifting was declared as a Fair Use in the U.S. after the Sony 
> vs. Universal trial, the "Betamax Case". Of course, you may have meant 
> that it is *unfair* _not_ be allowed to format shift or watch a DVD on a 
> player of your own making, and I would agree. But it's not Fair Use in 
> Canada...


OK, so where does our impression ('urban legend'?) come from where we 
feel we have a right to make a backup copy? [With the predication that 
we would normally only play the backup copy so we can't possibly harm 
the original. So, backup a DVD to .mpg, and play the .mpg on the 
computer rather than play the DVD in the computer - with the output of 
the computer going to the HDTV, if you're so inclined.]

Fair use / Fair dealing ... <sigh> Makes me remember that one has to 
be careful driving in other jurisdictions - that right turn on a red 
light could be unexpectedly expensive.

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