Is VHS to DVD Conversion Legal?

We are all aware of the benefits that a DVD has over a VHS tape and as you go through your collection, you may wonder what is the benefit of making a DVD copy of a video that you own. Today, many old movies and TV shows have already been re-released on DVD but there are some, for one reason or another, will never see life on the DVD format. There may also be some old recordings that you made yourself that fall in this category that you would like to have on DVD. As families have fallen into trouble for copying and sharing music files in recent times, the question of whether is process is legal or not is a valid one.

The answer to that question is a complex one and depends on several things, the most important being where you're from; what rights a consumer has in one country may not apply to another. If the recording is a personal one, i.e. is a family home video, then it is perfectly legal for you to copy your tape. When it comes to copyrighted material, the issue becomes a little murky. To best untangle the legal confusion, we must understand some of the history behind video cassettes and the term 'fair use.'

Warning: nothing on this page should be considered legal advice. All text here is for entertainment purposes only.

Fair Use
Fair use is a doctrine in US copyright law that allows for the limited use of copyrighted material without requiring permission from the copyright holders. While the conditions this applies can be myriad and complex, it does allow you to copy and record programs off the TV. While the term "fair use" is exclusively American, many countries also recognize a similar concept but the rules are slightly different so you should do your own research on what your rights are.

The "Betamax Case"
When Sony Corp. brought out Betamax, many members of the film industry were wary of the introduction of this new technology to the public. These new devices would allow consumers to record shows on TV and copyright holders viewed this as a direct violation of their rights as holders. As the US Congress had recently made amendments to US copyright law, many in the industry believed that Congress would be hesitant to undertake new and further protections for the film industry. The companies eventually chose to sue Sony Corp. and their distributors in the US District Court of California in 1976 alleging that as Sony was manufacturing a device that could potentially be used for copyright infringement, they were liable for any infringement committed by their purchasers.

This case would go all the way to the Supreme Court and their decision was made in the case of Sony Corp. of America v. Universal City Studios, Inc. (1984), known as the "Betamax Case". The Supreme Court made the decision that making of individual copies of complete television shows for the purpose of time-shifting does not constitute copyright infringement but is fair use.

This means that it is well within your rights to transfer your recorded VHS tapes of TV programming, including your commercial tapes, into a different medium without violating any copyright laws. But, as was mentioned earlier, the issue is murky. Just being able to copy a tape doesn't always mean that it falls under fair use rights. How you copy and transfer your medium is also important.

Copy-protection and the Digital Millennium Copyright Act This act is a part of US copyright law that implements two 1996 treaties of the World Intellectual Property Organization. This law criminalizes the production and dissemination of technology or devices to circumvent measures designed to control access to copyright works. So, for example, it is illegal to circumvent or remove the digital rights management or DRM on your iTunes music file.

So while it is perfectly legal for you to copy and transfer your media from one format to another, once it's done for personal reasons, it is also perfectly legal for companies to put restrictions on how you can do this. There is a lot of debate taking place on if this violates the spirit of "fair-use" and chances are we will see more of the issue in the courts at some time in the future.

What This Means for You
On the typical modern commercial VHS player and tape there is a copy-protection mechanism known as "Macrovision". These are encoded signals designed to prevent the copying of commercial video tapes. The use of any device designed to circumvent this copy-prevention mechanism is against the law and can get you arrested. But there are "loop-holes". Older VHS players don't read these signals and hence, their use to copy your VHS tapes is fully within your rights and will not get you a foul with the law.

If you purchase or use any device that doesn't read the Macrovision signals, you are fine. You cross the fine line if you use something to bypass these signals. So if your VHS has this protection built-in and you purchase a device to filter out these signals, you could get in trouble with the law. While it is technically illegal to copy a Macrovison VHS, there are ways around it that will allow you to exercise your fair use rights and not get in trouble with the law.

In Conclusion
The laws vary from country to country so it is best to do your own research into the issue. But many countries have similar laws to the US and while the term "fair-use" may not exist, it exists in similarity and spirit. You do have a legal right to copy and transfer your VHS media to DVD but the manner in which you do so could get you into trouble. If a device is advertised as being able to circumvent or jam Macrovision, it is illegal to purchase or sell and not only can the manufacturer be held liable but so can its customers. But devices that enable the copying of VHS tapes by not looking for these signals are fine and won't run you afoul with the law.

So is converting VHS to DVD legal? Yes, but it depends on how you do it.