Re:YouTube-dl has received a DMCA takedown from RIAA
by ldarby on Saturday October 24, 2020 @06:05PM
(#24882280)
> otherwise legitimately obtained media
That's the issue. If you haven't legitimately obtained Taylor Swift's Shake it Off, you can't argue the copy you made with youtube-dl is a permitted personal copy, in the US or anywhere with copyright laws.
If you did pay for it, then yes you can argue it's a permitted copy (just not in the UK).
The topic at hand, however, is a DMCA action between two US entities (the RIAA and GitHub) and so is purely a matter of US law AFAIK. My understanding (possibly mistaken) was that the courts here had nearly always permitted making personal copies of otherwise legitimately obtained media. In fact, my understanding is that reversing this status quo was one of the primary motivations behind the DMCA; by disallowing circumvention of protection schemes, in many instances it effectively outlawed the tools needed to make otherwise permitted copies.