[mythtv-users] recorded shows

[Shawn Asmussen]

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

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=464
&page=417#417


Although findlaw is not technically a government site, all of the official
US government sites that archive the Supreme Court opinions that I could
find only had the opinions up to 1975. However, this link is not to an
article stating a 3rd party interpretation. It is a link to an archive of
the actual Supreme Court opinion. 

Here is a direct quote from the Supreme Court opinion:

(c) The record and the District Court's findings show (1) that there is a
significant likelihood that substantial numbers of copyright holders who
license their works for broadcast on free television would not object to
having their broadcast time-shifted by private viewers (i. e., recorded at a
time when the VTR owner cannot view the broadcast so that it can be watched
at a later time); and (2) that there is no likelihood that time-shifting
would cause nonminimal harm to the potential market for, or the value of,
respondents' copyrighted works. The VTR's are therefore capable of
substantial noninfringing uses. Private, noncommercial time-shifting in the
home satisfies this standard of noninfringing uses both because respondents
have no right to prevent other copyright holders from authorizing such
time-shifting for their programs, and because the District Court's findings
reveal that even the unauthorized home time-shifting of respondents'
programs is legitimate fair use. Pp. 442-456.

In particular, note the last portion of the last sentence. "THE DISTRICT
COURT'S FINDINGS REVEAL THAT EVEN THE UNAUTHORIZED HOME TIME-SHIFTING OF
RESPONDENTS' PROGRAMS IS LEGITIMATE FAIR USE"

Now, that is not a 3rd party interpretation of anything. That is a direct
quote from the Supreme Court decision. Is that good enough?

Shawn Asmussen

-----Original Message-----
From: mythtv-users-bounces at mythtv.org
[mailto:mythtv-users-bounces at mythtv.org] On Behalf Of Tom Jaeger
Sent: Sunday, January 04, 2004 4:24 PM
To: 'Discussion about mythtv'
Subject: RE: [mythtv-users] recorded shows

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.