RE: Making copies of video from DVD and TEACH Act

["John T. Mitchell" <John@xxxxxxxxxxxxxxxxxx>]

The DMCA did intend to address Macrovision to some extent.  See Section
1201(k), and note that 1201(k)(5) states:  

"(5) Violations.-Any violation of paragraph (1) of this subsection shall
be
treated as a violation of subsection (b)(1) of this section. Any
violation of paragraph
(2) of this subsection shall be deemed an "act of circumvention" for the
purposes of section 1203(c)(3)(A) of this chapter."

I would not, however, hazard to interpret how or whether 1201(k)(2)
applies in your situation.  

John


>  -----Original Message-----
>  From: Jeffrey La Favre [mailto:jlafavre@xxxxxxx] 
>  Sent: Monday, November 15, 2004 12:32 PM
>  To: digital-copyright@xxxxxxxxxxxxxx
>  Subject: Re:Making copies of video from DVD and TEACH Act
>  
>  
>  I would like to thank those who have replied to my inquiry. 
>  I am aware that the TEACH Act also amended section 112 and 
>  that it offers the alternative of creating a copy from an 
>  analog source when DRM prevents use of a digital copy.  
>  However, most of the copyrighted video on tape also contains 
>  copy protection known as Macrovision.  If I digitize from 
>  this source, I will eliminate the Macrovision. And is this 
>  not also circumventing a protective measure put in place by 
>  the copyright holder? Or are we allowed to circumvent 
>  technological measures present on analog material?