Originally Posted by
ScottC
So, if I am allowed (by law) to make a backup copy of my disc,
You are not allowed by law to make a backup copy of a DVD. You are allowed to make a single archival copy of a "software program" and, I suppose, you could make a straight-face argument that a DVD is a software program. However, to my knowledge, no one has ever argued that and my gut-feeling is that it would be clear from the legislative intent of the software backup statute that DVDs and similar expressive content were not intended to be included.
Also, if the law says I can make a backup of my movie, it is still considered "my movie" after the self destruction has taken place and the disc is no longer readable? Surely that is the whole purpose of being allowed to backup stuff? In case it breaks?
As I said, your initial premise is incorrect. The law does not permit making backup copies of DVDs. A key element in evaluating fair use is whether the specific use is "transformative," i.e. whether it is strictly a verbatim copy or whether it has been changed in some way.
What if I own a movie, rip it, and my kid breaks the disc in half. It's still my movie, but it just isn't playable any longer. Does the broken disc invalidate my right to the backup?
Yes. You don't own the movie. You only own the physical DVD on which the protected expressive content is found. That content is distributed pursuant to limited license that allows home viewing but, for example, doesn't extend to other protected rights such as the right to publicly display, the right to distribute or the right to make copies.