Please let me understand this scenario! Since 1979 I have been archiving old 80's Concerts from MTV and HBO as well as Rare Horror/Sci-Fi Drive-In classics to VHS, many of which still are not available commercially. I am now digitizing these and storing them on DVD for personal use. Lately I was told that once I converted to DVD, these titles are now under the law of the DMCA. If I were to loan them out, make copies, or sell them, the FBI could confiscate my entire collection of DVD's, CD's, as well as VHS material as criminal contraban. Is this over the top or a cruel reality of the DMCA? Lee
First things first: IANAL (I Am Not A Lawyer). As you state you have been archiving from HBO, I assume that you are in the USA. Forthwith, all comments are made with that assumption in mind, and are only applicable with that assumption in mind. Copying of broadcast is acceptable under the "Fair Use" policy (it does not contravene Federal Law, though it MAY be in breach of contract with your provider, which would be a Civil issue). Digitizing them or storing them in any form you like is a non-issue. WRONG!!! The DMCA with respect to DVDs ONLY applies to the circumvention of the protection methods of those DVDs (for example CSS, Macrovision, Region Coding, RCE etc..). This means that Movie DVDs that you buy are covered by DMCA (the vast majority, there are some that would not be). Blank DVDs, and DVDs that you produce/record are not subject to DMCA. The subkect of Copyright Violation is something completely different from DMCA. Under "Fair Use" you CAN make DVD copies of your archived material without fear of DMCA. If you subsequently loan them out, make copies, or sell them, then that is STILL NOT a DMCA violation, though it IS Copyright violation as those actions are NOT covered by "Fair Use" - your stuff could then indeed be confiscated, just not under DMCA. Now here's an interesting consequence: under "Fair Use" you have the legal RIGHT to have make backup copies of whatever DVDs you own, BUT the only available methods of doing so contravenes DMCA!! Remember: IANAL (I Am Not A Lawyer). Nothing I have posted here constitutes legal advice. You MUST consult a lawyer to obtain the facts. Hope this helps clear up a few things for you. Byeeee....
