Legal Video Recording Guidelines

To ensure your video recording activities are legal, please review the following information carefully.

Legal Considerations

Recording copyrighted videos for personal use is generally allowed under "fair use" or "fair dealing" principles. In certain circumstances, recording copyrighted videos for commercial purposes may also be permissible if it falls under "fair use." While you may be in breach of a website's terms of service, there have been no reported incidents of users facing penalties for such actions. CaptureGem encourages lawful recording of non-copyrighted content, and users should verify the copyright status of the videos they intend to record. For copyrighted content, it is advisable to seek proper authorization or adhere to "fair use" guidelines to remain compliant with copyright laws.

Fair Use and Timeshifting

We believe that saving videos from online platforms to watch later or on a device without internet access is akin to timeshifting and should be regarded as fair use. This principle was established in the Betamax case, affirming that recording non-copyrighted videos is entirely legal.

CaptureGem Service - Modern VCR for Streaming Video

CaptureGem acts as a contemporary VCR (videocassette recorder) for streaming videos, enabling users to record content for private, non-commercial use. Recording copyrighted videos for later viewing is permitted under U.S. copyright law as fair use (see Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 1984, the "Sony Betamax Case"). Similarly, recording copyrighted videos for viewing in different locations is also considered fair use (see Recording Indus. Ass’n of Am. v. Diamond Multimedia Sys., Inc., 180 F.3d 1072, 1999). Users can freely record non-copyrighted videos for personal use but should be mindful of copyright status and comply with local laws.

Global Fair Use and Fair Dealing Provisions

Over 40 countries, covering more than one-third of the global population, have adopted fair use or fair dealing provisions in their copyright laws. It is essential to be aware of the copyright regulations applicable in your country before engaging in recording activities. CaptureGem cannot monitor compliance with "fair use" or "fair dealing" laws worldwide; therefore, users should verify the relevant laws in their respective regions.

Legal Status in Different Countries

United States, United Kingdom, and Other Countries with "Fair Use" or "Fair Dealing" Laws:

In countries like the USA and UK, which have "fair use" or "fair dealing" laws permitting the use of copyrighted material for space or time-shifting, it is legal to record copyrighted videos for personal use.

Other Countries:

If you live in a country without specific "fair use" or "fair dealing" provisions, it is advisable to only record non-copyrighted videos. Alternatively, seek permission from the copyright holder before recording any copyrighted material. Always exercise caution and diligence by researching and understanding the copyright laws applicable in your region.