RE: Making copies of video from DVD and TEACH Act

[Jeffrey La Favre <jlafavre@xxxxxxx>]

I continue to struggle with interpreting the specific part 
of the TEACH Act that talks about interfering with 
technological measures used by copyright owners to prevent 
retention or unauthorized further dissemination.  I would 
like to highlight this part: (ii) in the case of digital 
transmissions b 

Now I am wondering if the act in this section intends to 
prohibit 
interfering with technological measures that were put in 
place by the copyright owner to control retention and 
dissemination of the content specifically (and only) as part 
of a 
digital transmission.  The key word is transmission.

The technological measures present on a typical movie DVD 
disc 
prevent copying of the disc (like CSS).  At least that is my 
understanding. These 
measures are not designed to prevent retention or 
dissemination of a digital transmission.  Therefore, if the 
TEACH Act intends to only prohibit interference with 
measures specifically aimed at digital transmission in this 
case, then it seems to me that it would be permissible to 
make a copy of a clip of most movies on DVD for the purpose 
of delivering over a digital network.

Does this seem like a reasonable interpretation?

I have pasted relevant portions of Title 17 below:

B' 110. Limitations on exclusive rights: Exemption of certain 
performances and displays

Notwithstanding the provisions of section 106, the following 
are not infringements of copyright:


(2)b&.. the performance of a nondramatic literary or musical 
work or reasonable and limited portions of any other work, 
or display of a work in an amount comparable to that which 
is typically displayed in the course of a live classroom 
session, by or in the course of a transmission, if b 

(D) the transmitting body or institution b 

(ii) in the case of digital transmissions b 
(II) does not engage in conduct that could reasonably be 
expected to interfere with technological measures used by 
copyright owners to prevent such retention or unauthorized 
further dissemination;