9 Questions (Televised media copyright)

Mr. Flibble

Can someone answer these 9 questions for me?

Under current Irish law...

1. Am I allowed record a movie on TV onto a VHS tape and watch the recording myself?
2. Am I allowed record a movie on TV onto a VHS tape and watch the recording with my friend?
3. Am I allowed record a movie on TV onto a VHS tape and allow my friend to watch the recording without me?
   
   
4. Am I allowed record a movie on TV onto two VHS tapes and watch one copy myself?
5. Am I allowed record a movie on TV onto two VHS tapes and watch one copy with my friend?
6. Am I allowed record a movie on TV onto two VHS tapes and allow my friend to watch one copy without me?
   
   
7. Am I allowed record a movie on TV onto a VHS tape, copy it to another VHS tape and watch the copy?
8. Am I allowed record a movie on TV onto a VHS tape, copy it to another VHS tape and watch the copy with my friend?
9. Am I allowed record a movie on TV onto a VHS tape, copy it to another VHS tape and allow my friend to watch the copy without me?

By 'movie' I mean a recent Hollywood movie which I don't own or have any special rights to.
Note: in line with the forum rules - I am not seeking legal advice.

seamus

1 - 3: Technically yes, provided that you intend on erasing the tape after watching it.

4 - 6: Technically no as a second copy is not necessary.

7 - 9: Same again, no, but probably a little greyer.

The key to copyright law and copies is that you are allowed to make copies of a copyrighted material, provided that:

1. The copies are going to be used under the same circumstances as the original. This means that you cannot copy a CD bought in a shop for playing at a disco. Likewise, a radio DJ cannot make copies of a CD he has received and play them at home.
2. The copies are transient - i.e. they're not permanent
3. The copies are incidental. A weird way of phrasing it, but I think it basically means the copies can't be something which you do on a regular basis, but rather that they serve a specific need at the time.

Recording a TV movie is transient (usually), it's incidental since you're only recording it in order to watch it at a later time, and since you're going to be watching it privately, then you're not in breach of the copyright under which is was broadcast.

JohnK

seamus wrote: »

[...]
3. The copies are incidental. A weird way of phrasing it, but I think it basically means the copies can't be something which you do on a regular basis, but rather that they serve a specific need at the time.
[..]

How does this work with the likes of Sky+ then with the series link? Would that not be enabling and promoting the ongoing copying of broadcast material?

seamus

JohnK wrote: »

How does this work with the likes of Sky+ then with the series link? Would that not be enabling and promoting the ongoing copying of broadcast material?

The exact definition of "incidental", I really don't know. It's a weird word to use, since it can mean "random" & "unintended" but also "routine".

Since the DVR equipment has been supplied by Sky in this instance, I imagine it doesn't apply because the copyright then by inference includes the right to use Sky's equipment to record it.

Viarum

in regard to Sky+ etc, it falls within 'time-shifting'.

Non-commercial, non-profit copying in a domestic context has been seen as fair use in the US since Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984)

I'm not quite sure of the specifics of the Irish position but I presume it's something similar.

Pines

Mr. Flibble wrote: »

Can someone answer these 9 questions for me?

Under current Irish law...

1. Am I allowed record a movie on TV onto a VHS tape and watch the recording myself?
2. Am I allowed record a movie on TV onto a VHS tape and watch the recording with my friend?
3. Am I allowed record a movie on TV onto a VHS tape and allow my friend to watch the recording without me?
   
   
4. Am I allowed record a movie on TV onto two VHS tapes and watch one copy myself?
5. Am I allowed record a movie on TV onto two VHS tapes and watch one copy with my friend?
6. Am I allowed record a movie on TV onto two VHS tapes and allow my friend to watch one copy without me?
   
   
7. Am I allowed record a movie on TV onto a VHS tape, copy it to another VHS tape and watch the copy?
8. Am I allowed record a movie on TV onto a VHS tape, copy it to another VHS tape and watch the copy with my friend?
9. Am I allowed record a movie on TV onto a VHS tape, copy it to another VHS tape and allow my friend to watch the copy without me?

By 'movie' I mean a recent Hollywood movie which I don't own or have any special rights to.
Note: in line with the forum rules - I am not seeking legal advice.

1-3: Yes. Section 101(1) and (4) of the Copyright and Related Rights Act 2000.

Subsection (1) allows you to make a copy for private and domestic use of a broadcast or cable programme solely for the purpose of enabling it to be viewed or listened to at another time or place. Subsection (4) says you cannot sell, rent or lend that copy, but that you can lend it to a family member or friend for private and domestic purposes.


4-9: No. The general rule of copyright law is that you are not permitted to make a copy of a copyright work without the licence of the copyright holder. The exemptions, such as section 101, are interpreted narrowly.

If you read section 101 it says that "The making for private and domestic use of a fixation of a broadcast or cable programme solely for the purpose of enabling it to be viewed or listened to at another time or place shall not infringe the copyright ..." While one would often interpret the singular to include the plural, the context here makes it clear that you can make one fixation so that you can watch the programme later. Making two fixations (as in questions 4-6) begs the question why? They can't both be purely for the purpose of allowing the later viewing of the programme. Making a copy of the fixation (as in questions 7-9) falls under the normal copyright rule - it's an unauthorised copy.

This is reinforced as regards lending to your friend. The reason you can lend the "fixation" to your family member or friend is because this is specifically allowed. It doesn't say you can make a copy for your friend, or make a number of fixations, only that you can lend your fixation to your friend.

Pines

seamus wrote: »

The key to copyright law and copies is that you are allowed to make copies of a copyrighted material, provided that:

1. The copies are going to be used under the same circumstances as the original. This means that you cannot copy a CD bought in a shop for playing at a disco. Likewise, a radio DJ cannot make copies of a CD he has received and play them at home.
2. The copies are transient - i.e. they're not permanent
3. The copies are incidental. A weird way of phrasing it, but I think it basically means the copies can't be something which you do on a regular basis, but rather that they serve a specific need at the time.

Recording a TV movie is transient (usually), it's incidental since you're only recording it in order to watch it at a later time, and since you're going to be watching it privately, then you're not in breach of the copyright under which is was broadcast.

I'm afraid there's no rule of copyright that says you can make copies provided they're used under the same circumstances, and are transient and incidental.

In fact the opposite is true. The act of "copying" (which is what copyright law normally prohibits without permission) is defined in Section 39 as:

"(a) in relation to any work—
(i) storing the work in any medium,
(ii) the making of copies which are transient or incidental to some other use of the work;
..."

So the basic rule of copying specifically says that even transient and incidental copies will normally infringe. However, those copies don't infringe, according to section 87, in the following very limited case: "the making of a transient and incidental copy of that work which is technically required for the viewing of or listening to the work by a member of the public to whom a copy of the work is lawfully made available.

This exception applies, for example, when you legitimately play a copy of a song or movie which you have paid for and which is stored (say) on your hard drive. The media player program usually has to decode the file and cache the decoded file in RAM as the media is played. This cached, decoded copy is transient and incidental and is technically required.

If I happen to capture the file as it is decoded it is no longer transient (this is one common way of breaking DRM, intercepting the file between the decoding and playback processes), and if I pass that copy on I am definitely infringing.

The sad truth is that when you buy a music CD or a video DVD you get no right to do anything other than play it, sell it on, or give it away, unless you can bring yourself inside one of the narrow exceptions, such as a schoolteacher who is allowed to play the DVD in a classroom, avoiding the normal prohibition on public showing of movies.

While the UK is considering legalising format shifting (e.g. allowing you to rip your CD to MP3), we don't have any such move on the cards. You don't even have the right to make a backup of a legally bought CD or DVD, except specifically for computer programs.

Two last points: (1) the reason Sky+ etc is allowed is not because the copy is transient and incidental (it's as permanent as you would like it to be in fact) but rather because we have the specific time shifting exception of section 101. And (2) while it's tempting to look at the "fair use" case law from the USA as Viarum suggests, it's dangerous to do so in Ireland and the UK because the courts here simply won't adopt the same kind of broad, "let's look at the whole picture and decide what makes sense" approach. Our Copyright Act is very specific on what exceptions can exist and if you can't squeeze into one of those specific rules, you're infringing by making any copy.