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Matt Stryker

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I was wondering if there what the copyright implications of the DD trailers (train, canyon, etc) and whether it is ok to use them as a startup piece for my HTPC. They would certainly be for personal use, and no profits would be made.
 

Damin J Toell

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I was wondering if there what the copyright implications of the DD trailers (train, canyon, etc) and whether it is ok to use them as a startup piece for HTPCs. They would certainly be for personal use, and no profits would be made.
who's HTPC? your own? or ones you'll be setting up for other people? Dolby should have the exclusive rights in duplication and distribution of their trailers, so copying the trailers onto HTPCs and then distributing those HTPCs would be an infringement. However, it would likely fall under a solid fair use defense (as the character of the use is non-economic and the effect upon the market of the trailer is little to none). And, from a practical standpoint, Dolby might be unlikely to litigate the issue given the expense of litigation and the small benefit received by them should they win.
If it's for your own use and you own a valid copy of the trailers (on a DVD somewhere, etc.), your usage of them as startups for your HTPC would likely represent space-shifting of the sort generally allowed after RIAA v. Diamond (the Diamond Rio case). even if Diamond is inapplicable, a fair use defense of the sort noted above would again apply.
None of the above is meant to constitute legal advice. :D
DJ
 

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