• Uncategorized

    CD and DVD Backup: Is It Fair Use?

    A CNN article tells a story of “disc-rot” where the aluminum layer of the CD/DVD oxidizes and rots away – making the disc unplayable.

    If so, would making a copy of the disc for one's own use be fair use? Unfortunately, making a copy, even for one's own use, breaks one of the rules of the DMCA – you cannot change the format of the copyright ed material into a format that can be transmitted over any electronic communications medium. That means, you can copy the CD to tape, but not to a AIFF file on your hard drive – even though you must do it to copy to another CD. Therefore, a loophole. If you have two disc drives, you can do a “direct copy” where a digital copy will not be saved to the hard drive. That should be considered fair use.