[mythtvnz] Recording HD Content on Mythtv

[Michael Dilger]

Thanks for that.   Good stuff to know.     Yes, I'm more familiar with 
US laws, I spent most of my life over there.

-Mike

Nick Rout wrote:
> 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
>>  >
>>
>>     
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