Legal Question in Technology Law in Texas
Over the years I have purchased a wide collection of Blu-ray and DVD movies. I would like to upload them to the cloud so I can stream them to a mobile device when I am on the go. The files will be solely for my consumption and will not be shared. Is this legal and if I do upload them to an unlimited cloud service, do I risk trouble from DMCA/RIAA/MPAA laws, lawsuits, or litigation?
1 Answer from Attorneys
This is what is termed "format shifting". Google the term and you will see it's legal in the US so long as strictly noncommercial and done using a "digital audio recording device". Whether the cloud service is such a device is the question.
17 USC 1008 provides:
"No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings."
[See http://www.law.cornell.edu/uscode/text/17/1008]
The law has not caught up with the cloud on this, but it is reasonable to assume the cloud service could likely be deemed a "digital audio recording device" . However, there are lawyers who would argue otherwise, unless the cloud services pay the tax imposed on digital media and recorders by 17 USC � 1004
[http://www.law.cornell.edu/uscode/text/17/1004]
The practicality is that unless you share, the RIAA/MPAA will not even know. The DMCA is a law [17 USC 512], but the RIAA and MPAA are agencies not laws.