Is this legal in the UK, DVD backup

Can i ask is it legal in the UK to charge simply for the service of doing to sell such as on ebay backed up dvds to people who currently own the DVD original themselves of that move simply for the reasoms of having safety of their originals. Or is this illegal.

If its ok does anyone know of any UK law pages with it mentioned.

Thanks

i think its now elegal to dackup your dvds in the UK, isent that the reason LightingUK was told to stop developing DVDDecrypter?

It’s not illegal to make the backup, is it? It’s illegal to decrypt it to do so. But I live in the USA, so YMMV.

Hey,
Try here Euro-Copyrights

From what I can tell; backing up a DVD is not illegal in the UK… just disabling/getting around the protection is.

\\VH////
:slight_smile:

it’s ilegal to make a backup of a dvd even if you own the original in the uk

Only if it’s protected. If it’s an unprotected DVD it’s fair game. :slight_smile:

Almost a moot point when 99% of video DVDs are protected.

o well off to poundland for all their shitty movies :stuck_out_tongue: :slight_smile:

next people are going to ask is it ilegal to make a backup of a backup :smiley:

of course thats legal if theres no protection on it :stuck_out_tongue: j/k

In the ENgland and Wales we do not have the right to back up so yes it is illegal, regardless of breaking encryption or not. Though you would not face criminal charges for doing it, as it is a civil crime and not a criminal one. . This does not apply to your own work.

I can not talk about Scottish law, because even though it is part of the UK it has its’ own legal system different from England and Wales.

We do have “fair dealing” rights in the UK which are similar to “fair use” rights in the US.

Fair use is a totally different thing altogether and still does not allow us to legally make a back up. No one has ever been sued for backing up, file sharing yes personal back ups no. Mr Horse is backing up actually allowed in Scotland?

http://www.journalonline.co.uk/article.aspx?id=1001241

See the above article!! I know slightly off topic, but it states in the Copyright, Designs and Patents Act 1988 that backup copies are legal.

Further to my post #13 - reading the act it does state in section 50 that

Computer programs: lawful users

Section 50A: Back up copies

50A.-(1) It is not an infringement of copyright for a lawful user of a copy of a computer program to make any back up copy of it which it is necessary for him to have for the purposes of his lawful use.

(2) For the purposes of this section and sections 50B, 50BA and 50C a person is a lawful user of a computer program if (whether under a licence to do any acts restricted by the copyright in the program or otherwise), he has a right to use the program.

(3) Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).

Okay - thats for computer programs. For movies etc it says in section 29 :-

Section 29: Research and private study.

29.-(1) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research for a non-commercial purpose does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement.

(1B) No acknowledgement is required in connection with fair dealing for the purposes mentioned in subsection (1) where this would be impossible for reasons of practicality or otherwise.

(1C) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of private study does not infringe any copyright in the work.

So… (and I am not a lawyer) if your backup DVD is for private study it does not infringe copyright.

Also to infringe copyright is a criminal act not civil in the whole of the UK (although with some differences for NI, Scotland and England and Wales)

Would be nice is some lawyer could actually put the act into plain lanuage!!

You can read it for yourself here : http://www.jenkins-ip.com/patlaw/index1.htm

It’s illegal to modify the content of the DVD.

Re-encoding to fit on a DVD5 is considered modification.

Therefore, you can only back up original DVD5’s or you’ll have to use dual-layer discs, which may not work in every standalone player. Even then, some very large films may not fit on a DL disc.

Where in any of the UK copyright laws does it state that specifically? Does fair dealing for private study make that legal?

It’s not off-topic, that act is exactly where fair dealing rights come from, I don’t see why it’s so different from US fair use rights regarding making a backup.

I’d disagree, like I just said I don’t think fair dealing is hugely different from fair use in this regard, it’s just not as explicit. Scottish laws are no different from the rest of the UK regarding back-ups.

Sorry what you call fair dealings we call fair use in the uni I attnded, that’s why I used that term not saying they were different things. It still would not allow us to back up as it tends to have an acceptable quantity of 10% of the whole before you have to contact the copyright holder for permission. It’s the first thing they taught us in uni when the course started as the books were limited in supply and they didn’t want us prosecuted or sued. It was a lawyer brought in to tell us this.

That’s with regard to a specific situation, in this case I’m assuming it’s copying textbooks etc. and that’s just that lawyer’s interpretation. In the broader sense, the law is pretty vague.

Only if it’s protected. If it’s an unprotected DVD it’s fair game. :)[/QUOTE]

Yes, but it shouldn’t matter regardless if you own the original, however the law-makers are anuses.