Fair Use and You: Making Backups of your Digital Media
With all the internet and anti-pirating laws passed in the last decade, people are scared to do what Fair Use laws allow them to do. Basically, to make backups of programs, movies, and games they’ve legally purchased.
Fair use Laws and Data Backup
In terms of Fair Use laws, you are allowed to make backup copies of media you’ve purchased. You can also use bits and pieces of that media for school projects and presentations.
You just have to keep copyright laws in mind when doing so, and not make copies for public distribution and sales. And yes, public distribution does include making copies of copyrighted materials for your friends and family who live outside your home. You also may not transmit those materials over digital lines.
Personal Use
You are, for example, allowed to make a backup of that new game you purchased for your personal use. There are many reasons for this including: You what to keep the original disks from getting damaged by repeated use, you want to keep the originals safe from your children, and you don’t want to carry the disks around with you for using with your laptop.
No matter what your reasons are, you feel it is your right to make backups of any media and materials you legally purchased. In the most technical sense, you are absolutely correct. Here’s where it gets tricky.
Copyright and Encryption
Almost all of those movies, games, and programs come with encryption and copyright protection now. If you try to use any of those backups the movie won’t play, the game asks for the original disk, or the program fails to load without the original in the disk drive. While it is your right to make copies, the Digital Millennium Copyright Act of 1998 has made it illegal for you to circumvent the copyright protection.
Lawsuit Case Study
Case in point: In 2004 321 Studios, a company which made programs to allow consumers to make backups of their legally purchased commercial DVD’s, was forced to shut its doors after repeated lawsuits were filed. A federal judge agreed with the plaintiffs, and ruled that the programs were in violation of copyright laws.
Many other cases have been brought before the courts over the years, but the results are usually the same. If the product “can” be used to circumvent CSS protection, then it’s in violation of copyright laws or the DCMA.
What does this mean for you, the consumer?
Be very careful when making “legal” backups of your digital media. Even if you are within you rights to make copies for personal use, companies have the power, money, and lawyers to force you to desist. Try not to use any of those backups on a computer which has access to the internet. Many programs and movies automatically connect to the manufacturer’s website.
Become active in your state’s political arena. Send letters to your federal representatives urging them to amend or repeal the Digital Millennium Copyright Act of 1998. Encourage others to do so as well.
Don’t create any websites or articles which detail how to bypass the CSS protection on any digital product. While it may only be to enhance the product, it’s still in violation of the MCDA and could land you in court.
Avoid Hacks and Cracks
Above all, don’t download any “hacked” or “cracked” software or movies. Companies such as EA Games, Disney, and NBC have teams which scan the internet to see who is downloading their products. They also place some of those files on the internet to track the people downloading them.
