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Original question:
We just purchased a DVD/VHS recorder and I've been asked to copy our VHS
tapes to DVD format. I feel it is my duty to be very cautious about
copyright technicalities. Is it a copyright violation if I copy the tape
to DVD and then discard the VHS tape after copying?

Thanks for the timely responses!

Yes, this is undoubtably a copyright violation. VHS is not an obsolete
technology, and there is no provision in copyright law for doing this
for archival purposes like there is for computer software. You can
certainly do this at home for personal use, but school doesn't get the
same grace as home use.

Yes it is a violation. If a DVD is available for purchase, it must be
purchased. If it is not, you may continue to use the VHS until the tape
dies or VCRs are no longer available.

Yes. You are changing the format, which isn't allowed. In addition, many

of the newer materials are available in both VHS and DVD, so you are 
hurting the market. This is a BIG lawsuit just waiting to happen.

Yes, it is a copyright violation.  You cannot change the format of the 
material.  I think this is one of the biggest problems we face these 
days as it is so easy to copy a tape onto a DVD and we bought the 
material once, we and/or our supervisors believe that we should be able 
to copy them to dvds.

You are right to be concerned.  Yes, that's a direct violation of
copyright.  Change of format is specifically disallowed on copyrighted
works.  There may be DVD versions available, and you are supposed to buy
them, not make copies of what you have.
Sorry!

As I understand it, it's not legal to change the format regardless of
the reason.

When I asked this question last year I was told that if you can purchase
the item in DVD format then it is NOT permissible to make copies, you
can only duplicate if there is no availability in the DVD format.  

Yes, it is illegal. Only the copyright holder can set the formats in  
which their product may be distributed. You can find this part of the  
copyright law (section 106) at: http://www.copyright.gov/ 
title17/92chap1.html#106  The entire law is there.


Cindy Collins
East Brunswick High School Media Specialist
East Brunswick, New Jersey 08816
Phone: 732-613-6915
Fax: 732-613-9484
E-mail: ccollins@ebnet.org

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