capturing tv shows... Illegal?

[fmctm1sw]

Yes, I've read a couple threads on this. I also read this was indeed a LEGAL practice in some computer magazine a few months ago (PC Mag?). But I see information to the contrary. Anyone have any definitive answers and references for this?

[sacajaweeda]

Nothing is illegal unless you get caught :P

[grossjamesh]

Anyone have any definitive answers and references for this?

Try www.findlaw.com or google search "copyright tv"

You will find many citations.

[andkiich]

Found this from a Forbes article 11.29.01:

The courts found that viewers recording their shows constituted "fair use." U.S. copyright law stipulates that it's OK to reproduce or copy portions of a copyrighted work for certain purposes, such as for use in a classroom, commentary or news reporting, or other non-profit purposes. Taping Star Trek for personal viewing is OK. Charging admission to show that tape without permission from its creator isn't.

[lpn1160]

DEJAVU


The Motion Picture Association of America (MPAA) has launched an advertising campaign using the slogan "copying is stealing" to convey to the public the message that digital copying (eg. over peer-to-peer (P2P) networks) is as serious and criminal as stealing a CD from a record shop or a DVD from a video shop.

This article considers "copyright theft" in the context of developing technology both in the UK and the US, and the intense battle of rights holders against technology suppliers and consumers, some of whom are harvesting the benefits of this "golden age of free music".

Pre-Digital Age
As long ago as the late 1970s, there were legal disputes in which owners of copyright in music/film, etc. claimed that suppliers of new technology were guilty of copyright infringement offences:

(i) In the late 1970s Ames Records allowed subscribers to hire records from it for a small rental charge. Copyright owners considered that this encouraged copyright infringement and affected revenues as it enabled subscribers to copy the records onto cassette tape. CBS took legal action against Ames Records for copyright infringement on the basis that Ames Records had "authorised" the copying by supplying the subscription service.

(ii) CBS also took legal action for copyright infringement against Amstrad in the 1980s on the basis that, by supplying cassette tape-to-tape recording equipment, Amstrad was "authorising" copyright infringement by users of the equipment.

CBS failed in both cases as the court found, in essence, that Ames Records and Amstrad could not control or prevent the use of the equipment whether or not this involved illegal copying and therefore they did not 'authorise' any copyright infringement.

(iii) In another 1980s US case (Sony vs Universal City Studios), the court agreed that video recorders would be used to copy television programmes. UCS claimed that Sony was liable for copyright infringement as it supplied the video recorders.

Sony was not liable for copyright infringement under US law because it did not have knowledge of copyright infringement and the court agreed with Sony that there were 'substantial non-infringing uses' for video recorders.

[housepig]

interesting how this comes up right around the 20th anniversary of the Betamax decision...

and funny enough, go read the actual case. Sony won the Betamax case, but it also specifically says in the case that you can videotape something off of tv (time-shifting), but you can't keep it after you've watched it - you have the right to time-shift so you can view it at a convienient time, but not the right to create your own tape library...

[lordsmurf]

I'm curious why so many people care. Not like we have Capture Card Police or DVD Police doing random searches.

[MrMungus]

Yes, I've read a couple threads on this. I also read this was indeed a LEGAL practice in some computer magazine a few months ago (PC Mag?). But I see information to the contrary. Anyone have any definitive answers and references for this?

Recording TV shows: legal.
Distributing them illegal.
Copying movies: illegal.
Copying music: legal.
Distributing copied music: illegal.

The laws are different for audio and video. Weird.

[duhmez]

Yes, I've read a couple threads on this. I also read this was indeed a LEGAL practice in some computer magazine a few months ago (PC Mag?). But I see information to the contrary. Anyone have any definitive answers and references for this?

Recording TV shows: legal.
Distributing them illegal.
Copying movies: illegal.
Copying music: legal.
Distributing copied music: illegal.

The laws are different for audio and video. Weird.

Copying movies, for timeshifting purposes, is not illlegal. Copying movies for backup, is not illegal. Cracking the technological protection, is ilegal (In the U.S. and some other countries) but not here in Canada at least.