DVDs & Videos: Copying & Downloading

Transcription

1 INFORMATION SHEET G026v10 December 2014 DVDs & Videos: Copying & Downloading This information sheet is for people who want to know when it is legal to copy or download a video or DVD. The purpose of this information sheet is to give general introductory information about copyright. If you need to know about how the law applies in a particular situation, please get advice from a lawyer. For information about recording TV programs, see our information sheet TV & Radio: Home Taping. For information about copying material for private use generally, see our information sheet Copying and Converting Formats for Private Use. We update our information sheets from time to time. Check our website to make sure this is the most recent version. Key points You can copy a non-infringing videotape you own onto a DVD for your own for private use. You cannot make copies of commercial DVDs without the permission of the copyright owner. If you download a commercially-released movie from the internet for free, it may be an infringing copy (meaning that it was put there without permission from the copyright owner). This means you infringe copyright by downloading it. Copyright in a video or DVD The audio visual material in a video or DVD is protected by copyright as a cinematograph film. Audio visual material also usually contains underlying material which may be protected by copyright, such as: a script or screenplay; and each piece of music on the soundtrack, In most cases, there will be other copyright material as well: for example, lyrics to the music; photographs; artwork in the titles or credits; and dance sequences. DVDs will contain all of this material, as well as computer software. A DVD will also often include additional film footage and other materials. Copying requires permission unless a special exception applies Owners of copyright have the exclusive right to do certain things with their material, including the right to make copies. This means that if you want to copy all or a substantial part of material that is protected by copyright, you need to get permission from the owner or owners of copyright unless an exception applies. For more information about substantial part see our information sheet Quotes & Extracts.

2 Australian Copyright Council Information Sheet G026v10 DVDs & Videos: Copying & Downloading 2 Some situations in which it is legal to copy audio visual material Where you have permission Copyright owners can give permission to other people to do things that are within their exclusive rights. Permission is sometimes called a licence. Note that in cases where permission to copy audio visual material is needed, it is often difficult in practice to get that permission. The first point of contact is usually the relevant film studio. In some circumstances, permission may be implied. For example, some DVDs come with a coupon code that allows downloads of the DVD content from the Internet. For more information on permission and licences, see our information sheets Permission: How to get it and Assigning & Licensing Rights. Copying videotapes into an electronic form It is legal to make a copy in electronic form, for private and domestic use, of a videotape you own. This allows you, for instance, to copy the contents of a videotape onto a DVD, provided: you own the videotape; the videotape is not an infringing copy (for example, it was not illegally copied from another videotape); the videotape does not contain material recorded from TV (even if the recording was legal); the copy is in electronic form (you can copy to DVD, but you are not entitled to copy to another videotape); and the copy is for your private and domestic use. The legislation says that the copy must be made to use instead of the original, but the government has said that instead of : indicates that the owner may view a film using the original videotape and by means of [the] copy in electronic form; that is, the owner is not required to store the original videotape. Once you have made a copy from a videotape, there are restrictions on what you can do with the copy and with the original videotape. The copy will become an infringing copy if you: sell it or offer it for sale; rent it or offer it for rent; distribute it (for example, give it to someone); or dispose of the original videotape to someone (for example, if you sell it or give it away or donate it). You can lend the copy to: people you are living with; and members of your family. You cannot, however, lend the copy to anyone else. Once you have made a copy, you cannot make another copy in an electronic form which is substantially identical. You may, however, transfer the contents of the videotape into one electronic form (for example, copying on to a DVD), and also transfer the contents to another electronic form (for example, copying into a digital file which can be viewed on a computer).

3 Australian Copyright Council Information Sheet G026v10 DVDs & Videos: Copying & Downloading 3 If making the conversion from video to electronic form involves the incidental making of temporary copies of the contents of the videotape, you must destroy the temporary copies as soon as practicable. If you do not, it is an infringing copy. The provision allows you to copy videotapes, but not to copy DVDs or digital downloads. Research or study You may copy audio visual material for your research or study, without the copyright owner s permission, provided the use is fair. When working out whether the use is fair, the things you need to consider include: how much of the material you want to copy; and whether you can buy a copy of the material on video or DVD. We discuss this exception in more detail in our information sheet Research or Study. Criticism or review You may reproduce copyright material for the purposes of criticism or review, without the copyright owner s permission, provided the use is fair. For example, you may reproduce an extract from a film in a film review, provided your use is genuinely for the purpose of criticism or review. You must identify the work and its author. We discuss this exception in more detail in our information sheet Fair Dealing. Parody or satire You may reproduce copyright material for the purpose of parody or satire, without the copyright owner s permission, provided the use is fair. We discuss this exception in more detail in our information sheet Parody, Satire & Jokes. Copying by educational institutions There are no specific exceptions that allow educational institutions to copy purchased, rented or borrowed videos or DVDs for educational purposes. Educational institutions are, however, entitled to record television programs and make copies of those recordings in certain circumstances. If a video or DVD held in a library in an educational institution, is lost, stolen or damaged, the library can make a replacement copy if a replacement copy is not available for purchase (see below). However, educational institutions need to be careful not to circumvent a Technological Protection Measure (TPM) without permission unless one of the TPM exceptions applies (see below under Technological Protection Measures ). In addition, an educational institution may be able to make a copy of a video for educational instruction under the special case or flexible dealing exception. For more information about the situations in which educational institutions may be entitled to copy audio visual material, see our information sheets Education: Copyright Basics and Education: Using AV Materials. Copying by libraries and archives If a video or DVD held in a library or archive is lost, stolen or damaged, and a replacement copy isn t available for sale, the library may make a replacement copy (for example, from a copy held by another library). However, libraries need to be careful not to circumvent a TPM without permission unless one of the TPM exceptions applies (see below under Technological Protection Measures ). In addition, a library or archive may be able to make a copy of a video for the purpose of maintaining or operating the library or archives under the special case or flexible dealing exception.

4 Australian Copyright Council Information Sheet G026v10 DVDs & Videos: Copying & Downloading 4 For further information about the situations in which libraries and archives may be entitled to copy audio visual material, see our information sheet Libraries: Introduction to Copyright. People with a disability Institutions assisting people with an intellectual disability are entitled to copy videos and DVDs, and to record television programs and make copies of those recordings, in certain circumstances. There are some corresponding TPM exceptions if an institution assisting persons with a print disability wants to circumvent a TPM. In addition, a person with a disability that affects reading, viewing or hearing may be able to make a copy of a video or DVD into a more accessible format under the special case or flexible dealing exception. For further information, see our information sheet People with a Disability: Copyright Issues. Copying by governments Commonwealth, State and Territory governments (but not local governments) are entitled to copy any type of copyright material, including audio visual material, for government purposes. The government has to notify the owners of copyright, who are then entitled to negotiate payment. For further information, see our information sheet Government: Commonwealth, State &Territory. Downloading movies from the internet Free downloads of films that have been commercially released, including major studio movies, are likely to be infringing copies, and downloading them is likely to infringe copyright. Consequences of unauthorised copying or downloading Copying or downloading protected material without permission will infringe copyright, unless an exception to infringement applies. A person also infringes copyright by authorising another person to copy protected material without permission. A copyright owner who becomes aware of an infringement may take legal action, and seek orders from a court (such as compensation). People who infringe for commercial purposes (for example by selling copies) may also face criminal charges. Technological protection measures (TPMs) Many DVDs have additional protection through technological protection measures (TPMs). TPMs are technical measures copyright owners use to limit the ways in which it is possible for people to use their material. There are two types of TPM: those that restrict access to the material, and those that limit or prevent copying of the material. Techniques include: access codes; password-only access; view-only documents; and low-resolution images. There are also provisions in the Copyright Act that give copyright owners the right to take legal action against people who make, supply, distribute or import devices to circumvent TPMs. In some cases, distribution of devices or services to circumvent TPMs is a criminal offence. In particular, there are sanctions against: circumventing an access-control TPM; manufacturing or supplying a device to circumvent an access-control TPM; and providing a service to circumvent an access-control TPM. There are also some exceptions to these provisions that allow people and institutions to circumvent TPMs without permission from the copyright owner.

5 Australian Copyright Council Information Sheet G026v10 DVDs & Videos: Copying & Downloading 5 Frequently Asked Questions (FAQs) I want to copy a DVD for my friend who is undertaking a research project. I think I can copy for my friend under fair dealing. Is this ok? In general, a person can rely on fair dealing for his or her own use of copyright material. As a rule, you can t copy under fair dealing for someone else s benefit. As such, the fair dealing exceptions are not available to you for the purposes of making copies for your friend. Further, it would be unlikely that you would be able to make copies of the DVD under fair dealing as doing so would be circumventing a TPM. Circumventing a TPM without permission is an offence under the Copyright Act. I want to share a film with my friends via Dropbox. Is this ok? Under the Copyright Act, making a film available via Dropbox to your friends is likely to be a communication to the public, which is an exclusive right of the copyright owner. Whether you can share a film with your friends via Dropbox will depend on whether the film is protected by copyright and if so, whether you have permission or an exception applies. See our information sheet Permission: Do I Need It? for further detail. My school has some VHS tapes of a film in the library but no VHS player. Can we copy the VHS tapes into DVDs? If your school cannot purchase or borrow the film, or obtain a Screenrights copy of the film, you may be able to make a copy from the VHS into a DVD format under section 200AB. Section 200AB is more complex than other exceptions in the Copyright Act, and you may need advice about whether or not it applies in a particular situation. See our information sheet Special Case or Flexible Dealing Exception: Section 200AB for further detail. For more details about the Screenrights statutory licence, see our information sheet Education: Using AV Materials. My friend told me about a great website where you can download films for free. Is it too good to be true? There are situations where a film can be downloaded for free and without permission. These situations may be: where the film is too old and not within the term of protection (see our information sheet Duration of Copyright for the rules on the term of copyright); or where the copyright owner has provided permission, such as through a Creative Commons licence or an express licence (see our information sheets Creative Commons Licences and Permission: Do I Need It?). However, if there are no clear indications on the website that this might be the case, it is likely that the copy is an infringing copy. By downloading the film, you may infringe copyright in the film. Further information For further information about copyright, and about our publications and seminar program, see our website If you meet our eligibility guidelines, a Copyright Council lawyer may be able to give you free preliminary legal advice about an issue that is not addressed in an information sheet. This service is primarily for professional creators and arts organisations but is also available to staff of educational institutions and libraries. For information about the service, see

6 Australian Copyright Council Information Sheet G026v10 DVDs & Videos: Copying & Downloading 6 Reproducing this information sheet Our information sheets are regularly updated - please check our website to ensure you are accessing the most current version. Should you wish to use this information sheet for any purpose other than your reference, please contact us for assistance. About Us The Australian Copyright Council is an independent, non-profit organisation. Founded in 1968, we represent the peak bodies for professional artists and content creators working in Australia s creative industries and Australia s major copyright collecting societies. We are advocates for the contribution of creators to Australia s culture and economy; the importance of copyright for the common good. We work to promote understanding of copyright law and its application, lobby for appropriate law reform and foster collaboration between content creators and consumers. We provide easily accessible and affordable practical, user-friendly information, legal advice, education and forums on Australian copyright law for content creators and consumers. The Australian Copyright Council has been assisted by the Australian Government through the Australia Council, its arts funding and advisory body. Australian Copyright Council 2014