TIP: Click on subject to list as thread! ANSI
echo: audio
to: August Abolins
from: Roy J. Tellason
date: 2003-06-17 20:01:24
subject: copyright and digital data

August Abolins wrote in a message to Jason Vierik:

 AA> Hi Jason (of 1:229/658),
 AA> On , in a message to Sean Dennis you
 AA> wrote: 

 JV> Why would anyone pay for that when you can get them for free off of
 JV> Kazza, Aimster, WinMX and the like?

 AA> The following is from a texbook on copyright:

 AA> "The fact that material is made available on the Internet (for 
 AA> example, as an MP3 file) does not mean that it may be used freely. 
 AA> Material on the Internet may still be protected by copyright. If 
 AA> this is the case, and the copyright owners have not given 
 AA> permission to download and record their work, you will infringe 
 AA> copyright by reproducing the music, lyrics and sound recording 
 AA> onto CD. Sometimes, copyright owners grant express permission to 
 AA> use their work.You should look for such permissions on the site 
 AA> from which you are downloading"

Now,  if you want to watch something on tv but can't be there at the tv to
watch it it's apparently perfectly okay to record it and view it later, 
though some folks say they have a problem with that,  too.  What difference
does it make to get something recorded on to your hard drive or on to a CD,
 except for the relative longevity of the medium?  I think these people are
grasping at straws...

 AA> Here are some other Q's and A's from the text:
 AA> =================================================

 AA> Common questions

 AA> Is it legal to copy albums onto CD if you own the albums?

 AA> Owning an album is not the same as owning copyright in the music,
 AA> lyrics and sound recordings that are embedded in the album. If you 
 AA> are not the owner of copyright you will need permission to copy 
 AA> music from an album to CD even if you have bought the album you 
 AA> want to copy.

Oh,  bull!  To my way of looking at it I have the right to enjoy what I've
purchased.  If that means copying vinyl to tape or CD,  then that's what
I'm gonna do.  I believe that this is considered "fair use" of
the material.



 AA> Can I make backup copies of my music CDs?

 AA> Making a backup copy of a CD will involve making a reproduction of 
 AA> the music, lyrics and sound recordings on that CD. The right to 
 AA> reproduce the work is one of the exclusive rights of the owners of 
 AA> copyright in those items. You may not legally make a back up copy 
 AA> of a CD when the CD contains material that is protected by 
 AA> copyright unless you have permission from the owner of copyright 
 AA> or a special exception applies to your use.

Nonsense.  It was established fairly early on that it was reasonable for
the owners or licensees of computer software to make backup copies,  why do
the people who deal with music think that they operate under a different
set of rules?

 AA> Could I set up a business transferring record collections to CD? 

 AA> The fact that the client owns the records in their collection does 
 AA> not mean they own copyright in the music, lyrics and sounds 
 AA> recordings on those records.

See above.

 AA> Unless your clients own copyright in the records in their 
 AA> collection, making reproductions of those records will infringe 
 AA> the rights of the copyright owners. You could be held liable for 
 AA> the direct infringement and your client could be held liable for 
 AA> authorising an infringement of copyright. You may also be liable 
 AA> for dealing commercially with an infringing article if you charge 
 AA> the client for the infringing copy.

Uh huh.  These people need to get over it...

--- 
* Origin: TANSTAAFL BBS 717-838-8539 (1:270/615)
SEEN-BY: 633/267 270
@PATH: 270/615 150/220 379/1 106/1 2000 633/267

SOURCE: echomail via fidonet.ozzmosis.com

Email questions or comments to sysop@ipingthereforeiam.com
All parts of this website painstakingly hand-crafted in the U.S.A.!
IPTIA BBS/MUD/Terminal/Game Server List, © 2025 IPTIA Consulting™.