Comment by _23sd | Hacker News Reader

Comment by _23sd | Hacker News Reader

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The American Library Association addresses the VHS to DVD question in a FAQ on their website. There are more in depth discussions of how libraries can legally switch between formats linked on that page. Of course, IA thinks their use is different, but the VHS analogy doesn’t work.

> Reproducing a VHS to DVD without the prior permission of the rights-holder is an infringement of copyright. This kind of reproduction is not exempt because it is not "fair use" and it does not qualify as a lawful reproduction. However, in a situation where the VHS tape is lost, stolen or deteriorating or is in an obsolete format (a 3/4" tape is obsolete because the equipment is no longer being sold, but a VHS tape is not obsolete) and is not available in the DVD format in the market for a reasonable cost, the library can make a reproduction. But if the reproduction is in a digital format (DVD is digital), then that copy cannot leave the library premises.

https://libguides.ala.org/copyright/video

> The American Library Association addresses the VHS to DVD question in a FAQ on their website.

An answer in which they cite no statutes or cases for the notion that converting VHS to DVD isn't fair use.

There is a difference between "we're recommending that you not do something that might cause you to have to establish a precedent in court" and "here's the citation to the court case where this was decided." It's only the second one that tells you the answer instead of some risk-averse institution's opinion.

Obligatory IANAL.

Copying something in its entirety is not Fair Use. One of the requirements of Fair Use is that you copy as little as required for your purpose.

For example, copying a line or two from a book for use in a book review or citation is Fair Use. Copying entire paragraphs or even the entire book is not Fair Use.

>How much of someone else's work can I use without getting permission?

>Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See, Fair Use Index, and Circular 21, Reproductions of Copyrighted Works by Educators and Librarians.

https://www.copyright.gov/help/faq/faq-fairuse.html

https://www.copyright.gov/fair-use/index.html

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