Is it legal to capture stills from DVD?

[pica]

Is it legal to capture stills from DVD movies? The stills would NOT be used other than for reference...

If it IS legal, can someone please point me to some official confirmation of that... ie, website.

Much appreciated,

Andy

[mikewg]

No. I'm pretty sure in the FBI warning it says you cannot use any part of the video, that would include a still. If you were allowed to do it, then what's to stop someone from taking all of them and saying "I didn't steal the movie, I just took each individual picture from the movie?

[pica]

Like I said, they would be used only for reference.

I appreciate your opinion, but I'm really looking for someone who has a definitive answer...

[mikewg]

It's not an opinion, it's the law. Sorry if you don't like the answer, but that's the way it is. I'm sure if you keep asking someone will eventually say "Yes, there's a loophole that ... " but the simple answer is no.

[Xesdeeni]

Regardless of what the FBI warning says, in the United States of America, the copyright law has a section called "fair use," which balanced copyright holder's rights with the rights of the public. It specifically addresses what you want to do, i.e. excerpt a piece of a copyrighted work. It was put into place for written works, but the Supreme Court has applied the same rules to video works. So what you want to do is completely legal.

Unfortunately, DVDs are encrypted in both the digital and analog domains to protect the content. This means that you must circumvent this protection in order to exercise your fair use right. That would have been OK up until 1998. In 1998, congress passed the DMCA (Digital Millenium Copyright Act). This act expressly forbids you from bypassing any measure used to protect copyrighted content. You would therefore have to violate the DMCA in order to exercise your fair use right.

[I don't think the DCMA will hold up in court, once it is brought there, for this as well as other reasons. But it exists today.]

Xesdeeni

[mikewg]

Thus not legal.

[phelix]

Thus not legal.

For reasons completely different from what you stated.


Anyway, many think the DMCA is unconstitutional and are waiting for a test case to establish that. Depending on what you want those still images for, you very well could be that test case.

[phelix]

Unfortunately, DVDs are encrypted in both the digital and analog domains to protect the content. This means that you must circumvent this protection in order to exercise your fair use right. That would have been OK up until 1998. In 1998, congress passed the DMCA (Digital Millenium Copyright Act). This act expressly forbids you from bypassing any measure used to protect copyrighted content. You would therefore have to violate the DMCA in order to exercise your fair use right.

Here's something to think about. What copyright protection have I circumvented if I take a picture of what's displayed on a TV screen? By the time the signal reaches the picture tube, it has been legally stripped of all copy protection mechanisms (analog and digital).

[snowmoon]

http://www.copyright.gov/title17/92chap1.html#107

From the horses mouth. I'll dial it down for those that have not done research on this topic in the past.


Copyright infringment/Fair Use is based on the discresion of a judge.

Factors that affect their decision

1) Length or quantity of work reproduced. A few snapshots from a feature length move is fine, a few snapshots of a work of art could be devistating to the owner.

2) Commercial or non-commercial use. Be careful with this one since the courts have decided that TRADING consitites commercial since you are receiving something of value in return. Giving it away might not even protect you based on the volume of the distibution.

3) How this reproduction affects the commerical intrest of the copyright holder.

And others..

Taking a few snapshots for refrence is a completly legitimate activity. It may become infringing in some cases.

1) Are you redistributing the images by themselves to large numbers of other people? This does not count for say a movie review.

2) You are taking hundreds of shapshots

3) You are creting derivitive works not covered under fair use ( parody, educational, ... ). Say you were using the snapshots to develop new cover art the you upload to DVDcovers.cc


But for basic home use their is no issue.

[snowmoon]

Just make sure you don't run afoul of this provision

http://www.copyright.gov/title17/92chap5.html#5

It lists how copyright infringment ( not fair use ) becomes criminal copyright infringment. The distinction is that for non-criminal cases the copyright holder has to sue in civil court, in criminal cases it's the governemt against you.

[snowmoon]

And despite what other may say DMCA does ntot dimish fair use rights, so that reasonng is bunk. I can't find the exact quote...

[leebo]

FWIW, the CEO of AOL/Time Warner was quoted recently as saying anyone who has used the FF button on a remote to skip past a commercial is a criminal.

I'm afraid I'm going to have to report all of you!

[Nightwolff]

Pica, the one thing you forgot to mention in your original post is, are you talking about taking screenshots from DVDs that you own, or from movies you rented or downloaded? If you paid for it, then I'd say the 'fair use' clause applies, just like you're legally allowed to make copies of CDs or cassettes you own. As long as the copies are for your own personal use, it's allowed. I don't think anyone here can give you a 100% definitive answer, because copyright issues are sort of a grey area under the law. But the way it sounds, I really don't think you need to worry about the Feds breaking down your door and slapping the cuffs on you anytime soon.