[Cdn-DMCA] VCRs / PVRs

[Ian Goldberg]

On Thu, Apr 11, 2002 at 06:06:32PM -0400, Jason Young wrote:
> At 11:30 -0400 02.04.11, Ian Goldberg wrote:
> >While I was at work yesterday, I realized that I had forgotten to set up
> >my VCR to record some TV.  Undaunted, I ssh'd into my home machine, and
> >set up an "at" job to use my new TV capture card to make a digital
> >recording (of an analog signal, of course).  Roll-your-own PVR, as it
> >were.
> >
> >The narrowness of Canada's "Fair Dealing" (as compared to the US "Fair
> >Use") having recently been discussed here, in what sense did I not just
> >make an infringing copy?  Does it matter that the copy was digital?
> >What about plain old VCRs?
> >
> >   - Ian, still trying to sort out the Canadian vs US differences
> 
> There is no exemption for video recordings and, therefore, any 
> recording of a copyright video work is an infringement, unless it 
> falls under a fair dealing exemption (i.e. you made the recording for 
> criticism or review). Ironically, the audio portion of that video 
> recording falls under s. 80(1) and is legal.
> 
> It makes no difference in this case that the copy is digital except 
> insofar as digital copies are much easier to share with more people 
> instantaneously and thus makes Hollywood more nervous. They've 
> already made the argument against TiVo and SonicBlue that the 
> automatic removal of advertising - using PVRs - infringes copyright 
> in the compilation, but that hasn't gone anywhere yet to my knowledge.

OK, that's just what I thought, then.  You really are saying that
pretty much every time you use a VCR at home, you're committing a crime.
(Well, it's not a criminal office; just a civil offence.)

Laws that almost everyone breaks on a weekly basis don't do a lot
to give credibility to the legal system.  *cough*

> How do the manufacturers of these video recording contraptions get 
> away with it, if there is no exemption in law for the kind of 
> infringement they permit? Jack Valenti wondered the same thing when 
> he decried VCRs are to move studios what the Boston Stranglers was to 
> women alone. Lucky for us, the manufacturers won in Sony v. Universal 
> Studios because they were able to prove substantial non-infringing 
> uses.

Also, the *equipment* isn't illegal under Canadian law; *using* it is
(except for critisism, etc.).  (Mumble contributory infringement mumble;
does Canada have such a thing?)

   - Ian
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