Copyright question on older VHS tapes

Hey all,
My friend has some guitar instructional comercial VHS tapes he purchased in the 1990's. He has asked me to transfer them to DVD for him, as these tapes are not available on DVD.
These tapes have the usual warning at the begining stating:
"federal law prohibits any unauthorized reproduction, distribution or exhibition of copyrighted motion pictures and video tapes. (Title 17, United States Code, Sections 501 and 506)"
He has lawfully purchased these tapes and only wants to make DVD copies as back up for his personal use. He or anyone else will not be viewing both the original VHS tape and the DVD copy at the same time. He will not be selling them or distributing them in any way.
My queston is:
Is the above scenario allowed?
Thanks,

Hey Mark - sorry for being unclear, but then, whenever you talk about copyright, there's bound to be muddy waters. :)
My position is only that if you are copying/duplicating/rearranging or otherwise using material that you did not specifically get the copyright holder's permission to use, then you need to find a legal reason to do so. Fair use is the only provision for this, and those usages are actually very clearly outlined.
What you are talking about - copying your personal copy of a specific work for private use - only holds up when the duplicate is either used exclusively or is being kept as a backup. Not written into law yet, but held up by court precedent, is the more recent usage in mp3 players, home computers, car stereos...basically, copying your songs from a legally purchased disc to multiple locations held in your own private use. Again, this is not part of the law, but legal precedent has determined that it's OK.
I wouldn't worry about what you are doing, since it is simply an attempt to maintain integrity of a licensed copy of a particular work, and the intent seems to be clear that you are going to be destroying the original (the VHS cassette).
As concerns people having rights to copyrighted material....just remember that the law is clear about your rights ending where another person's begin. When a person owns a copyright, your usage - unless otherwise stated - is only limited to the copies you have purchased. To exceed your usage according to the terms of your license agreement or other legal provisions (fair use) would infringe upon the copyright holder's legal rights....and that, of course, is where your rights will end.
And yeah, let's all remember that Steve Jobs is just like all of us....he is a regular human being, and he has opinions. When someone uses words like "should" or "I think" or "we ought to"....opinion is present, and opinion is not a good foundation for legal defense. I guarantee his lawyers just sorta twiddle their thumbs, whistling and rocking on their feet everytime Steve Jobs says something like that in public. Of course, in Steve Jobs case, if the quote is correct, he claims that we "need to have the right..." which, of course, means that we do not currently have the right.
Music on your menus....well, again, putting it on your own DVDs and watching it with your wife and kids at your house would definitely pass the courts. However, if you take it over to Grandma's house, or burn a copy for someone else in your family, you broke the law. You are then creating a public viewing or deliberately duplicating a resynchronized track for the use of a non-license-holding entity.
In all these cases, be aware that you will almost never ever ever catch the eye of the law for these uses, fair or not. Even if you did, it would cost more money to sue you than could be reclaimed. The big boys are looking to make money, and unless they thought they'd make more money in the long run by making an example of you in court, they won't bother. They are very frustrated by all of this, because we keep finding more and more fair uses and setting more precedents in our favor. I'm not now nor would I ever condone or justify the illegal use of copyrighted materials. Only stating the obvious here....you will probably never get sued for it.
If you are happy with the odds and ready to accept the risks, then make your decision. Hope some of this was helpful!

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    I purhcased the Canopus 55 - it is working well. You can't preview in iMovie, though, which is a challenge and was a comment in reviews on Canopus 55. I did buy the power source with it based on reviews.
    However, I am posting a question about iMovie 08 which has quit making thumbnails & writing the video even though the import screen appears to import.

  • IMovie quits importing with gaps in VHS tape

    I'm using a Canopus ADVC110 to import old family VHS tapes into iMovie, and the import will quit whenever there are gaps in the VHS tape.  Unfortunately there are many gaps, because it was our habit to separate clips that way.  Is there an iMovie setting to prevent the import from quitting?  I currently have to sit with every tape I'm importing to identify where it quits, and the start a new import, repeatedly, and it's frustrating.  I'd rather edit clips once the whole tape has imported.  Thanks for advice!

    I'm using a Canopus ADVC110 to import old family VHS tapes
    The Grassvalley ADVC300 will fix this.
    The Grassvalley ADVC300 will "fill in" any missing time codes from tape.
    This is a prosumer deck. The time code function is alone worth the price if you have old analog footage. Absolutely NO "Out Of Sync" audio.
    I've played around with countless other conversion systems, ranging in price from $79 to $399. Short verison, this is the ONLY unit to own. No dropped frames at all, even with questionable quality tapes, no jitter, great color, excellent sound quality. Zero setup with iMovie 06 and iDVD 09/11.  ( iMovie HD 06 is the best to import VHS tapes. )
    ADVC300 is for anyone who wants to do editing and is concerned about quality of color and speed, for the novice it is an incredible gizmo that will restore VHS tapes to a state close to the original fixing midtones, highlights and shadows on the fly. Not only can you simply convert analog to digital you can actually manipulate the signal going in (if you want to).
    A bit pricey but it WORKS.
    The ADVC300 has been discontinued by the manufacturer. The included software (which is not really necessary but does enhance performance) is not compatible with OS 10.7 or newer.  You can still find the ADVC300 for sale in a few outlets as well as eBay. It will sell between 50% and 100% ABOVE its retail price. Yes, it's that good.
    For sale on Amazon and eBay.

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