TIP: Click on subject to list as thread! ANSI
echo: audio
to: Jason Vierik
from: August Abolins
date: 2003-06-16 17:32:00
subject: copyright and digital data

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

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

The following is from a texbook on copyright:

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

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

Common questions

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

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

Can I legally make a copy of a CD if the CD is no longer for sale?

The fact that something is no longer commercially available does not negate
copyright protection. If you want to
make a copy of a CD that is no longer available for purchase you must seek
permission from the copyright owner
unless the copyright has expired or a special exception applies.

Am I allowed to make a copy or compilation of music on a CD for private use?

There is no special exception which allows copying of CDs or cassettes for
private use. In most cases you will need
permission from the owners of copyright in the music & lyrics (usually
the music publisher) and the owners of
copyright in the sound recording (usually the record company).

Can I download music from the Internet and copy it onto CD?

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

Can I make backup copies of my music CDs?

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

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

The fact that the client owns the records in their collection does not mean
they own copyright in the music, lyrics
and sounds recordings on those records. Unless your clients own copyright
in the records in their collection, making
reproductions of those records will infringe the rights of the copyright
owners. You could be held liable for the direct
infringement and your client could be held liable for authorising an
infringement of copyright. You may also be liable
for dealing commercially with an infringing article if you charge the
client for the infringing copy.

Is is legal to provide a CD burner in my shop or cafe for other to copy their CDs?

It is likely that clients of this type of service will often infringe
copyright. If you make such a service available, you
run the risk of being liable for `authorising' those infringements by
inviting people to use the service. Both a person
who infringes copyright and a person who authorises that infringement may
be liable for the infringement. See our
information sheet Copying services for more information.

I am a DJ and want to re-record music from tape and vinyl to CD - can I do this?

Unless you own copyright in the material you wish to copy, or the copyright
has expired, you will need the
permission to re-record music from tape and vinyl to CD for the purposes of
your DJ business.

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