Making a DVD copy of corporate training vids on VHS

[Ian Slessor]

Hey gang,

Here's one for you.

A manufacturing company has a series of safety vids that have been produced by different companies.

They want to preserve their safety videos by having them transfered to DVDs.

The material is copyrighted.

Does making a single copy of their videos on DVD fall under "fair use?"

That is to say it's their tape that they've paid for and they're getting one copy of that tape on DVD and archiving their original VHS tape. Is that kosher?

Yes, I'd be paid for my time to put the tapes to DVD.

So. Would this be a very bad thing?

I need to know so that I may stay clean and pure.

Thanks.

sincerely,


ian

[Ervin Farkas]

If you put it up for vote, I go kosher. To me it seems to be the same kind of deal as making a legal backup copy of a DVD you paid for. Wanna be bolletproof? Call the companies that produced those tapes.

[Giroud Francois]

probably the guys selling tapes are selling DVDs too.
copying it for ANY reason is illegal. (it is often written one the box, on the tape and on the video)
if you think it is to protect your investement you are wrong.
The tear and wear of the media is part of the product life, especially if you use it for business..
If you use it so much than it require several copies, then you should plan to purchase them from the company who sells them.
The same if you own ONE copy and it is so demanded (or it is not returned) that you need to make copies to lend to several people.

[Ian Slessor]

Hmmm.

Okay. So this would NOT fall under fair use, you think, Giroud?

If one owns a DVD and wants to copy it I believe, correct me if I'm wrong here, that it falls under fair use as long as it's for you only.

Would this not apply on a corporate level as well?

Perhaps I'd be best avoiding this whole deal.

Anyone else with some input?

sincerely,


ian

[Giroud Francois]

frankly, when it is for private use and family use, nobody cares since nobody will probably know what you do with your tapes and DVD. And there would be really not much money to sue you about that.
I would not test this on professional level or business use.
lawyers are really prompt to bite in this case, because there is a lot of money to make or to loose.
It is the same for some "free" software like spyware remover.
There are free for personal use, but forbidden on professional use (you need to purchase a license. After all you could say, Hey each employee has the right to use it personally for free.
Unfortunately , it is in the frame of the corporate use of PC and you make money (or prevent to loose) using the software.
It is the same for DVD and Tapes.
I doubt you can argue that making copies of protected work is under "fair use"
in a corporate environment, especially if you make money with it.
(by increasing knowledge of employee, preventing loss or accident etc...)

[Steve House]

I am not a lawyer.

You've got a couple of issues here. First is it legal from them to make a copy of the tape for backup purposes? I would say yes since the AFAIK the law clearly says it's legal to for the owner of a copy of a copyrighted work to make a single copy for archive and backup purposes. I'm not sure to be considered a "copy" it has to be in the same medium as the original and I suppose that could be argued either way. But then we get to their reasons for making the copy ... is it truly for backup or is it so they can send several copies out to various locations for viewing without having to purchase them from the producer at whatever price he would charge? That would clearly be illegal since it obviously goes beyond the definition of backup. And then finally we have the issue of whether YOU, as an independent vendor, can take their tape and make copy(s) and charge them a fee for that service. That, IMHO, is blatantly illegal since you are now a duplicator, in no way doing anything different than you would be if you went to the music store, bought a CD, burned copies, and sold them at the flea market - that, IMHO, is blatant piracy since you are now engaging in producing copies and selling them to your client in a commercial venture intended to make a profit. The number of copies you sell him and the fact you only have one customer is irrelevant.

[George Ellis]

Folks, there is a lot of conjecture here that could be false. It all depends on how the work was contracted and the contract. The producer of the video could put copyright all over it, but have no legal right to it because of how the production was done and the contract. AND the law varies by country, so what is true in one place, may not be true elsewhere. Just because it says "Copyright" does not mean they have any claim to it.

A lawyer and the original agreement/contract are required for the real story.

[Ian Slessor]

Hmmm.

I'm thinking I should "duck and cover" right about now.

Okay.

CYA is the motto of the day. ;-)

I won't be doing this job.

Oh well. There will be other, less legally ambiguous, jobs coming so not to worry.

Thanks for all of the discourse.

sincerely,


ian

[Paul Tauger]

Originally Posted by Steve House

First is it legal from them to make a copy of the tape for backup purposes? I would say yes since the AFAIK the law clearly says it's legal to for the owner of a copy of a copyrighted work to make a single copy for archive and backup purposes.

Unfortunately, no, it does not. U.S. copyright law allows for making a single archival backup of a _computer_program_, and has additional exceptions for libraries. Audio recordings can be copied for personal use. However, other than what I've mentioned, here, there is no provision that allows for the backup of anything.

I'm not sure to be considered a "copy" it has to be in the same medium as the original and I suppose that could be argued either way.

Medium doesn't matter -- a copy is a copy. If you take a photograph of a statue that is protected by copyright, you've made a copy within the meaning of the law, and infringed if not done with permission.

And then finally we have the issue of whether YOU, as an independent vendor, can take their tape and make copy(s) and charge them a fee for that service. That, IMHO, is blatantly illegal since you are now a duplicator, in no way doing anything different than you would be if you went to the music store, bought a CD, burned copies, and sold them at the flea market - that, IMHO, is blatant piracy since you are now engaging in producing copies and selling them to your client in a commercial venture intended to make a profit. The number of copies you sell him and the fact you only have one customer is irrelevant.

That is accurate.