Is It Legal To Copy DVDs?

Many who would want to make copies of their store-bought DVDs frequently ask this question: is it legal to copy DVDs? Even though the clear answer may be no, a number of people may be taken aback that the law in reality defends them from being charged for piracy should they copy a DVD while using the best dvd burner software - provided (and that is the big IF) it is for personal and/or limited use AND they do not attempt to get around copy protection mechanisms installed in most DVDs. That is a really important distinction which has to be understood.

In copyright law, there is a doctrine called Fair Use, which states that any copyrighted material can be freely copied and used by others without needing approval from the rights holders if the intent for such use is for: education, criticism, review, and news reporting. Consumers are in addition free to copy or publish copyrighted material as long as it is for individual use or for a non-profit cause. Even if this supposedly answers the question, “is it legal to copy DVDs?” entirely, those preparing to copy DVDs with CSS copy-protection must take a pause and ask this question again.

While Fair Use can enable the copying of DVDs so long as it comes under the above-mentioned conditions, distributing or manufacturing tools and software made to bypass copy-protection mechanisms is not. As a San Francisco federal judge ruled in 2004, folks can continue to lawfully make copies of DVDs as specified in the Fair Use doctrine even using software that circumvents copy protection schemes, but manufacturing and distributing such software is punishable by law. What this means is that users of the software are free of legal liabilities though the makers and distributors of the software are not.

So even though the response to the question, “is it legal to copy DVDs?” is absolutely, make sure that you make use of the best dvd burner software offered and it must be noted that just as long as the DVD in question is unprotected or without any copy-protection built in it, and adhering to the conditions set in the Fair Use doctrine. And of course, you have to remember that any work that falls in the public domain can be freely copied and used for whatever purpose provided that the copyright has lapsed or the rights holder has decided not to renew copyright.