Re: copying DVDs from VHS
« Reply #1 on: Jan 24th, 2005, 7:48pm »
I believe the answer to your question is that selling homemade copies
of recent TV shows on Ebay is illegal no matter what the
But the question of whether it is legal to make the DVD-R
copy in the first place may be more interesting. There may
be an argument that copying a movie to a new medium for the
purpose of watching it on a new machine would be fair use.
However at least one court has suggested that if the copying
requires defeating a copy protection scheme (like macrovision)
then making the copy is still illegal.
Assuming that a legal copy fair use copy was made, the question might
then be why can I not sale my lawfully made copy under first
sale as described in 17 USC 109. While the plain words of the
statute might seem to allow this, courts have had no problem
deciding retroactively that fair use copies were not fairly
made if they later ended up being sold.
Yeah, I'm a little long winded...