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Originally posted by: DanielBQuoteAbsolute rubbish, it is not legal at all. Not in the US, not here. In fact here it's even less legal since we don't have laws protecting acceptable use (but acceptable use is not prosecuted, it could be here). In Australia it is illegal to make personal back-up copies of Movies, of CDs - even if it's to use an MP3 player or a minidisc player it is illegal. Making compilation CDs from CDs you own is illegal. Taping a TV show is illegal under Australian law. The only thing you are legally allowed to back-up is computer software (that does include video games, but it does not make downloading ROMs you own legal). I know the US has different back-up laws, you can tape TV shows, you probably can make compilation CDs legally and personal DVD back-ups.
Originally posted by: WompRat
I am just wondering if you know any thing about the Berne Act. I found this info on Ebay.. Is this valid?
A. By bidding on this auction, you understand that you must already own these films on another format (VHS, Beta, LD, VCD, etc.) and that you are purchasing these DVDs for repository purposes. IF you do not OWN these films, you may purchase them for evaluation purposes only, with the intent to dispose the discs within 24 hours. Since the original Star Wars Trilogy will remain unreleased in the USA (or anywhere else) these films can now be interpreted as public domain and are therefore not protected by American copyright under the Berne Act. I offer these discs as a service to true fans that wish to enjoy these films as they have been originally presented.
Here is the actual "Berne Act" ....
Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code
Circular 92
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Appendix II.
Berne Convention Implementation Act of 19881
Sec. 2. Declarations.
The Congress makes the following declarations:
(1) The Convention for the Protection of Literary and Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all acts, protocols, and revisions thereto (hereafter in this Act referred to as the “Berne Convention”) are not self-executing under the Constitution and laws of the United States.
(2) The obligations of the United States under the Berne Convention may be performed only pursuant to appropriate domestic law.
(3) The amendments made by this Act, together with the law as it exists on the date of the enactment of this Act, satisfy the obligations of the United States in adhering to the Berne Convention and no further rights or interests shall be recognized or created for that purpose.
Sec. 3. Construction of the Berne Convention.
(a) Relationship With Domestic Law. — The provisions of the Berne Convention —
(1) shall be given effect under title 17, as amended by this Act, and any other relevant provision of Federal or State law, including the common law; and
(2) shall not be enforceable in any action brought pursuant to the provisions of the Berne Convention itself.
(b) Certain Rights Not Affected. — The provisions of the Berne Convention, the adherence of the United States thereto, and satisfaction of United States obligations thereunder, do not expand or reduce any right of an author of a work, whether claimed under Federal, State, or the common law —
(1) to claim authorship of the work; or
(2) to object to any distortion, mutilation, or other modification of, or other derogatory action in relation to, the work, that would prejudice the author's honor or reputation.
Sec. 12. Works in the public domain.
Title 17, United States Code, as amended by this Act, does not provide copyright protection for any work that is in the public domain in the United States.
Sec. 13. Effective date: effect on pending cases.
(a) Effective Date. — This Act and the amendments made by this Act take effect on the date on which the Berne Convention (as defined in section 101 of title 17, United States Code) enters into force with respect to the United States.2
(b) Effect on Pending Cases. — Any cause of action arising under title 17, United States Code, before the effective date of this Act shall be governed by the provisions of such title as in effect when the cause of action arose.
Appendix II Endnotes
1Part II of the Appendix consists of provisions of the Berne Convention Implementation Act of 1988, Pub. L. No. 100-568, 102 Stat. 2853, that do not amend title 17 of the United States Code.
2The Berne Convention entered into force in the United States on March 1, 1989.
“My skill are no longer as Mad as the once were” RiK
. I'm not really charging them anything for it, just a little to cover my costs for the DVD's/cases/postage/gas for the trip to the post office.
