[mythtv-users] recorded shows

[Tom Jaeger]

http://www.copyright.gov/fls/fl102.html
This covers fair use and is straight from the source.
"Section 107 contains a list of the various purposes for which the
reproduction of a particular work may be considered "fair," such as
criticism, comment, news reporting, teaching, scholarship, and research.
Section 107 also sets out four factors to be considered in determining
whether or not a particular use is fair"

Fair use does not protect home users from copyright infringement. 

 Your statement "This is different from the "fair use" that most people
refer to when they talk 
about this subject." Is disproved by my link above to the govt page on
fair use and proves your statement wrong

My previous mention of the fair use is because it was mentioned as a
defense for making a copy ... I was saying that it does not apply
because I/we are not using it for educational purposes.  The supreme
court was not ruling as to if it was legal for a person to record a TV
show but they were ruling as to if a company could manufacture a product
that was made to record a show.

Please show me a govt link that holds your case not some website that is
3rd party interpretation to serve their interests.

Tom J

> -----Original Message-----
> From: mythtv-users-bounces at mythtv.org 
> [mailto:mythtv-users-bounces at mythtv.org] On Behalf Of Jeff Monks
> Sent: Sunday, January 04, 2004 5:03 PM
> To: Discussion about mythtv
> Subject: RE: [mythtv-users] recorded shows
> 
> 
> 
> > Fair use guidelines are offially known as "Guidelines for Off-Air
> > Recording of Broadcast Programming for Educational Purposes"
> > So fair use does not apply to you unless you are a teacher 
> and then does
> > not apply to HBO or other special services.
> > I have included a link for info on Fair use below.
> > Tom J
> > 
> > 
> http://www.nolo.com/lawcenter/ency/article.cfm/objectID/94F153
9D-B61C-41
> 5B-BE3ED4F8BFE7F1F3/catID/2EB060FE-5A4B-4D81-883B0E540CC4CB1E

>From the page you link to:

"These guidelines (known officially as "Guidelines for Off-Air Recording

of Broadcast Programming for Educational Purposes") do not have the
force 
of law and have never been tested in the courts."

They're just guidelines for non-commercial, educational use of recorded 
copyrighted programs, agreed to by teachers and media companies.  This
is 
different from the "fair use" that most people refer to when they talk 
about this subject.

Generic "fair use" exemptions in the 1976 Copyright Act were held by the

Supreme Court to encompass personal non-commercial recording devices 
(originally the VCR, but presumably also DVRs) in 1984.  The ruling in 
that case includes the statement:

"One may search the Copyright Act in vain for any sign that the 
elected representatives of the millions of people who watch television 
every day have made it unlawful to copy a program for later viewing at 
home, or have enacted a flat prohibition against the sale of machines
that 
make such copying possible."

In other words, the Copyright Act does not make it illegal to make or
use 
such devices for noncommercial, personal recordings.