[kwlug-disc] Backing up DVDs in Canada

Darcy Casselman dscassel at gmail.com
Fri Sep 16 14:28:04 EDT 2011


Again, IANAL, but my understanding is it's pretty much illegal.

Fair dealing in Canada is *very* limited.  I'm fairly certain it 
doesn't cover any sort of copying for personal use.  Nothing in the law 
has anything to say about "motive of gain," but that might limit 
damages in a lawsuit.  But statutory damages would be in full force 
regardless, and they're severe.

I'd love to see someone try to prove DVDs are computer software in 
court.  I wouldn't want to be the one footing the legal fees for that 
adventure, however.

Darcy.

On Fri 16 Sep 2011 01:46:50 PM EDT, Chris Frey wrote:
> I am not a lawyer.
> ==================
>
>
> On Fri, Sep 16, 2011 at 11:23:16AM -0400, Paul Nijjar wrote:
>> What is the legal state of backing up one's DVDs in Canada?
>
> For computer software, it is explicitly allowed:
> 	http://laws.justice.gc.ca/eng/acts/C-42/page-19.html#h-31
>
> I would assume that, since a backup copy is not with a motive of gain,
> that backing up a DVD would also be allowed, if not as a backup, then
> as a minor form of fair dealing:
> 	http://laws.justice.gc.ca/eng/acts/C-42/page-14.html#h-24
> 	http://laws.justice.gc.ca/eng/acts/C-42/page-15.html#h-25
>
>
>> What is the legal state of ripping one's DVDs to an XBMC box?
>
> The letter of the law is not clear, to my knowledge.  It is only clear
> for music, and it is allowed due to the private copying levy.  But the
> spirit of the law, currently in Canada, is that it is allowed, in my opinion.
>
> I am not a lawyer, and this advice could be wrong. :-)
>
> - Chris
>
>
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