Does downloading a copy of your own dvd fall under Fair Use?

Question

I recently recieved a notice from the NBC Universal regarding my downloading of the movie, 8 Mile. I own a copy of the movie but it has become too damaged (too many scratches) to continue use.

According to the Fair Use provision, I am able to make 1 backup copy of the dvd. My (mistaken) impression was that I would be able to download a copy of the movie and use it as my backup.

My question, if you missed it above, is "does downloading a copy of your own dvd fall under Fair use?"

Note: The downloaded copy was already removed and I've already complied with NBC's requests. Also sorry if this is miscategorized, I couldn't tell if it should go here or under Entertainment & Music - Movies.

Answer 1

Yes it does.

I hired an attorney last year to examine this because I own a dvd backup website where basically you agree that you own a valid original copy of the dvd in order to download a backup copy.

A person has a right to own one copy of any dvd they own whether they purchased their copy or it was a gift. The stipulation is that you can not use it, just as with your actual dvd, for public use... like playing it in a theater for a group.

Btw, Andy was correct with his theory of 'shotgun tactics'. I even tried to make arrangements to pay royalties but movie companies are coming out with internet downloading next year... so they won't do it. I bascially said screw you and went with the law.

Answer 2

Three separate issues.

First, the Fair Use provisions don't generally extend to backup copying of commercial DVDs, because those DVDs are encrypted. And while the copying may be allowed under copyright law, bypassing the encryption is illegal under the DMCA,

Second, if someone else made an illegal copy of content on a DVD, then downloading that illegal copy is independent of whether you can have a backup of your own purchased media.

Finally, there is a strong claim to be made that because of Supreme Court precedents relating to space shifting between media forms, it would be allowable to possess an electronic copy of the same content that you own on the physical DVD, provided the DVD license don't explicitly prohibit that sort of thing.

However, to the best of my knowledge, the specific issue has not been addressed by the Supreme Court, so the law is still fuzzy.

Answer 3

They don't know or care about the law or about what you did. It is cheaper for them to take a shotgun approach and scare everybody.

Send them a certified letter, return receipt requested, enclosing a photocopy of your damaged DVD, tell them it was defective and demand a new one in view of the fact that they forced you to destroy your copy.

It isn't a Fair Use issue BTW: it is a warranty one -- which means the answer depends on your country of residence.

See what happens. Let us know.

Arrogance deserves reply in kind. I would hit them with a small claims court suit -- it will be cheaper for them to pay than to defend -- win or lose. And that is regardless of their liability. This is a case of stupidity. And IP lawyers are highly paid.

PS: I do this all the time. Right now I am debating what to do about a defective DVD I have. Defective from the factory. Trouble is, it was a freebee that came with the Sunday paper.

As for your legal question: the Electronic Frontier Foundation is on your side. Check out their Web site and support them. Because they will support you.