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Hmm, are they allowed to rent out the backup copy if the original breaks? I thought rental was based on first sale doctrine and backup copies are based on fair
by Thorrez 4y ago
Hmm, are they allowed to rent out the backup copy if the original breaks? I thought rental was based on first sale doctrine and backup copies are based on fair use. I'm not sure if you can combine the 2.
- bryanrasmussen 4y agowell I don't know either, but what purpose would a video rental shop have in making a backup copy in case the primary gets damaged if not to rent it out?
- kshacker 4y agoWell once the disk was worn out, and you had a backup, you could re-sell the backup Of course this may be abuse of the fair use backup copy, but when talking digital, we are anyways inventing philosophies. Other way could be the backup could be entitled to "one last rental" to recoup last 4 bucks or so. I think that would be fair use but others may not.
- Thorrez 4y agoHmm, actually researching this more, I don't think it's actually legal for a regular individual or corporation to make a copy of a DVD movie for backup purposes. I don't think it actually falls under fair use. You can backup software[1][2] (allowed by law, not fair use) but not movies. [1] https://www.southerncaliforniapatents.com/articles/2014/10/07/can-i-make-a-backup-copy-of-a-cd-or-dvd-that-i-own/ https://www.southerncaliforniapatents.com/articles/2014/10/0... [2] https://www.law.cornell.edu/uscode/text/17/117 https://www.law.cornell.edu/uscode/text/17/117