[kwlug-disc] Backing up DVDs in Canada

Darcy Casselman dscassel at gmail.com
Fri Sep 16 14:30:08 EDT 2011


Oh! Sorry, I stepped on a personal pet peeve of mine.

Calling it "illegal" may be accurate, but people think it's the same as 
"criminal." Copyright infringement is a civil matter, not a criminal 
one (for now).  I prefer to stick with calling it "infringment."

Darcy.

On Fri 16 Sep 2011 02:28:04 PM EDT, Darcy Casselman wrote:
> 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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