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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 118664
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I would like to begin a service transferring VHS tapes to DVD.

Customer Question

I would like to begin a service transferring VHS tapes to DVD. The service would most probably involve transfer of non-copyrighted materials; church services, home movies, etc. I would like to know if I would be allowed to transfer copyrighted films from VHS to DVD if given the original VHS purchased by the owner for a one time backup source of material. For example, I own many VHS tapes which I want transferred to DVD. Not for mass production but for a singular backup as the VHS tapes are prone to deterioration over time. Since having purchased the material initially at the original market price, would I be allowed to make this transfer for my own personal backup and would this concept apply to materials brought to me by the original owners of these tapes for the same reason. I understand that this would not entail mass production and distribution.
In other words, am I allowed to create a service to allow singular copies of materials to be duplicated singularly for the individuals who originally or even second-hand purchased these materials?
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, if you are given the material by someone who has a right to the copyrights of the tape, they are allowed to make a copy of that for personal use if it is a copyrighted movie for example. They cannot copy it for commercial purposes, but they can copy a movie they purchased on VHS to DVD if they want to do so without violating the movie copyright.
Also, for any other tapes, as long as they have the rights to the copyright you can make copies of that tape as well.
You cannot keep a copy of the material unless the owner gives you permission to keep a copy for yourself.