A while ago I wrote to the editor of NOW Magazine about Bill C-61 (you can read the letter here). The letter was published on July 15, 2008 (click here for the web version). In the letter I mentioned that it is legal to rip a otherwise legally obtained DVD for personal use.
A letter written by Kent Wakely of Toronto was published by NOW on July 23, 2008 (read it here), indicating that anything done to circumvent the anti-copying technology would be illegal under the bill. Among other thing, Mr. Wakely indicated, ripping a DVD is for sure illegal.
I wish to add a note. Ripping a DVD would be illegal if the ripper program circumvents a “technological measure” that is encrypted on the disc. Apparently, accordingly to Mr. Wakely, all commercially available DVDs come with some kind of anti-copying device. Sadly, this is true.
However, Bill C-61 does not repeal the fair-dealing exception. As much as circumventing copyright is an infringement, fair dealing for private research or study is not an infringement.
I think it is reasonable that ripping an encrypted DVD for personal viewing, without further sharing, would safely fall under this category.
Hi.
i just came across this blog post today.
Thanks for noticing my letter to NOW and engaging. Much appreciated.
I think its crucial to note that creating and distributing technology that would allow individuals to circumvent commercial DVD copy protection would not at all be protected by fair use or fair dealing provisions. Those acts would be unqualified violations of the law.
So my abstract right to copy a personal DVD may be protected under the law. But that’s completely meaningless when the tools to act on that right are outlawed. It’s like telling someone they have the right to drive and then outlawing motor vehicles.