[mythtvnz] Recording HD Content on Mythtv

[Nick Rout]

According to legislation.govt.nz the new copyright bill was reported
back to the house as follows in realtion to s 84:

"84 Recording for purposes of time shifting
"(1) A person (A) does not infringe copyright in a programme included
in a communication work, or in any work included in 20
it, by recording it, if—
"(a) A makes the recording solely for A's personal use or the
personal use of a member of the household in which A
lives or both; and
"(b) A makes the recording solely for the purpose of viewing 25
or listening to the recording at a more convenient time;
and
"(c) the recording is not made from an ondemand
service;
and
"(d) A has lawful access to the communication work at the 30
time of making the recording.
"(2) However, subsection (1) does not apply, and A does infringe
copyright in the communication work recorded and in any
work included in the communication work, if—
"(a) A retains the recording for any longer than is reasonably 35
necessary for viewing or listening to the recording at a
more convenient time; or
"(b) in the event that the person who views or listens to the
recording wishes to make a complaint to a complaint
authority, A retains the recording for any longer than is
reasonably necessary to prepare and despatch the complaint.
5
"(3) If a person infringes copyright under subsection (2), the
recording is treated as an infringing copy."
Example
A records a movie to be screened on television because she will be at
work when it screens. She watches the movie on the weekend and then 10
later tapes over it. Provided the conditions in s 84(1) are met, the copy
that A makes is not an infringing copy.
B copies music from a streamed Internet audio service and keeps the
copy as part of B's music collection, in order to listen to it multiple times
on demand. Copies made for the home library or collection in this way 15
are infringing copies.


On Mon, Apr 14, 2008 at 8:23 AM, Nick Rout <nick.rout at gmail.com> wrote:
> The law until recently is here:
>
>  Copyright Act 1994
>
>  s "84 Recording for purposes of time shifting
>
>       (1) The making for private and domestic use of a recording of a
>  broadcast or cable programme solely for the purpose of enabling the
>  recording to be viewed or listened to at a more convenient time does
>  not infringe copyright in the broadcast or cable programme or in any
>  work included in the broadcast or cable programme.
>
>       (2) A recording that is—
>                 (a) Made under subsection (1) of this section; and
>                 (b) Retained for any longer than is necessary—
>
>                   (i) To enable the recording to be viewed or listened
>  to at a more convenient time; and
>                       (ii) If the person who viewed or listened to the
>  recording wishes to make a complaint, to enable that person to prepare
>  and despatch a complaint, including the recording, to any person or
>  body having responsibility for dealing with complaints about the
>  content of broadcasts or cable programmes or advertising contained in
>  broadcasts or cable programmes—
>
>       infringes copyright in the broadcast or cable programme recorded
>  and in any work included in the recording, and shall be treated as an
>  infringing copy."
>
>  However the amendment has (reportedly) recently passed which changes
>  this section. The govt legislation site doesn't seem to have caught up
>  though.
>
>  "Fair Use" has never specifically been a feature of NZ copyright law,
>  so don't rely on US cases.
>
>
>
>  On Sun, Apr 13, 2008 at 6:57 PM, Michael Dilger <mike at mikedilger.com> wrote:
>  > Craig Whitmore wrote:
>  >  > Reading:
>  >  >
>  >  > http://computerworld.co.nz/news.nsf/news/5F522962FDEB7FDACC257423007F9807
>  >  >
>  >  > It seems that ppl are not "allowed" to record HD off DTT via PVR's.
>  >  >
>  >  > So.. comments? Mythtv an illegal device if used with DTT in NZ?
>  >  >
>  >  As I understand fair use laws, you can record shows and use them for
>  >  your own benefit, and show them in your home to family and friends.
>  >  But you cannot exhibit them publicly, or make them for sale.   That's
>  >  true not just for HD but generally for all broadcast media content,
>  >  AFAIK.    The format of the content, high definition or otherwise,
>  >  should not have any material affect on these laws.
>  >
>  >  The media owners cannot control our computers, or how we decide to watch
>  >  TV, so long as we are respecting their media ownership rights.
>  >
>  >  -Mike
>  >
>