I have always been under the impression it is OK to make up a back up
copy of a CD or DVD for your own use. I am not sure if this is an
urban myth. I want to sell an original videotape on eBay, can I also
sell in the same lot (i.e. the same package)a back up copy on DVD of
the tape I am selling so the purchaser gets both the original and my
copy. Would this be legal (under UK law)?

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Clarification of Question by drydoc-ga on 04 Jun 2005 01:22 PDT

Interesting. Of course, technically I would be giving it away "free"
with the original video rather than " selling" it.

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Clarification of Question by drydoc-ga on 08 Jun 2005 03:37 PDT

Thanks Sherlock - I'd be happy to have that posted as an answer.

I believe it would almost certainly be illegal to sell a "dvd copy"
(ie. one you made yourself) of a copyrighted work for which you do not
own the copyright - and with out the copyright holder's permission.
While it may be legal (under fair use) to make a backup copy of a CD
or DVD for your own personal use (unless doing so would require
breaking any copy-protection put into the dvd, etc.), it would be
illegal to charge for the copy.  Also, if you sell the original, you
should, legally, get rid of the backup copy (and not sell it).

Murky, but if the two copies are kept by the same person, it would
seem possibly to be legal.

re: "Of course, technically I would be giving it away "free"
with the original video rather than " selling" it."
- by putting both the video original, and the copy you made yourself
(on dvd) together in the same ebay auction, you are effectively
selling it, however it is worded, and hoping to gain a higher price in
the auction by the inclusion of the dvd than you would have by selling
the original video alone.

By putting the dvd copy in with the video, say you get another £2 to
£3 - is it really worth risking arrest, going to court - or worse,
gaining a record, etc. just for the chance of getting a couple of
extra pounds?

You may want to take a look at the "Copyright, Designs and Patents Act 1988" and
"The Copyright and Related Rights Regulations 2003", both are available online at
http://www.opsi.gov.uk/acts.htm (enter "copyright" into the search
box, and it's the
first 2 items that appear).

They're quite lengthy documents but it seems that you would be allowed to make
copies of a video if you were:
* Teaching/Receiving Instruction (eg. a student)
* Owned the copyright/have the copyright holder's permission
* If it was out of copyright.
* A few other uses (eg. perhaps criticism?, review?, news reporting?)

Basically, I DON'T believe you would be allowed to make a copy, without permission,
of a video "for entertainment purposes only".

re: can I also sell in the same lot (i.e. the same package)a back up copy on DVD 
Answer: No.   Definately not sell it (eg. in an aution).

Also, while I think they _should_ (morally) allow you to create a backup of 
a dvd/video you have legally purchased, it doesn't appear that you are allowed to.

re: Thanks Sherlock - I'd be happy to have that posted as an answer.

Thanks.  Though I'm not a Google Answers Researcher, and can only post
comments, and not post an answer.

You can cancel the question if you wish.  
See Google Answers FAQ:
I posted my question and a registered user answered it in a comment.
Can I cancel my question?
Yes, you can cancel your question, as long as the question has not
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cancel your question, log into to your account and go to "My Account".
When you see the list of questions you have asked, click on the
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button at the top of the page. Confirm your decision by clicking "Yes,
Cancel Question."

PS: Sorry my first comment was a bit innacurate.  Hopefully the 2
other comments gave a more accurate description of the law (that both
copying a copyrighted video/dvd and giving away/selling the copy would
be illegal - unless for the specified exceptions).