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View Full Version : Copyright Law Title 17 92Chap10 Sec.1008



mike acker
October 27th, 2012, 04:52 PM
this probably belongs in audio/Video, or recurring or maybe even sticky. the sysops here are very good; i'm sure they'll know what's proper here

as we all know the RIAA and MPA attacked what they called "music pirates" visciously

Wired: Report (http://www.wired.com/business/2008/12/riaa-says-it-pl/)

Evidently they are taking a new approach now

after retirement I've undertaken a project to recover my vinyl based music collection on CDs that i can play in my car. we used to do this with cassette tapes, and that was legal -- as private/non commercial use.

but when computers came into play the RIAA made music piracy into a huge issue -- as we are all aware.

Now, in regard to Section 1008 of US Title 17, 92Chap10 as revised by AHRA(1992): (http://www.copyright.gov/title17/92chap10.html#1008)


§ 1008. Prohibition on certain infringement actions No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.
clearly what we do at home with our own music is private/non-commercial -- like making a play list to play while gabbing on Ubuntu or a CD for the car. still, we note: a computer is a general purpose device, not a music recording device

(Wickipedia essay (http://en.wikipedia.org/wiki/Audio_Home_Recording_Act#cite_ref-2))

The AHRA's definition of "digital audio recording device" includes explicit exceptions for devices that are used primarily to record non-musical sounds (such as dictation devices and answering machines) and for "professional equipment". The definition of professional equipment was to have been set by the Department of Commerce, though these regulations have never been issued. "Professional" minidisc recorders without SCMS cost thousands of dollars.
The AHRA's definition of "digital audio recording media" explicitly excludes pre-recorded but recordable media, and storage media used primarily to store information other than musical works.

but distributing any of our privately owned music -- or downloading -- is clearly an invitation to trouble. and this would include artwork, biographies, and lyrics. this is all copyright stuff. whatever came in the plastic CD pack -- is ok for me to use privately but that it, period.

accordingly it is imperative that we prevent our music player systems from any internet access for any reason.

obviously music players are extremely popular . still it's important to understand what's allowed and what is not -- and how to keep within the limit.

grahammechanical
October 27th, 2012, 05:25 PM
accordingly it is imperative that we prevent our music player systems from any internet access for any reason.

Not necessarily. Otherwise Steve Jobs would have spent his last days in prison for piracy instead of getting rich from selling devices with memory chips that were used primarily to store data, and from selling musical works in the form of data.

If the music data that we download is obtained legally then we do not breach copyright.

mike acker
October 27th, 2012, 05:41 PM
Not necessarily. Otherwise Steve Jobs would have spent his last days in prison for piracy instead of getting rich from selling devices with memory chips that were used primarily to store data, and from selling musical works in the form of data.

If the music data that we download is obtained legally then we do not breach copyright.

be careful: If I remember right online music libraries have all reached sales/distribution agreements with the publishers.

the thing that seems clear from this is: if the music publishers have agreed to allow iTunes, Amazon, et.al. to provide music downloads to computers then the publishers have agreed anecdotally that computers are acceptable as music recording devices . and that will place computers and associated equipment under the protection of AHRA Sec. 1008

obviously a computer can be used as a music recording device,-- however: as far as I know the Music Tax was never extended to cover computers, hard disks, and such -- which are general purpose media and not specifically for recording music -- which would be covered by the tax. in otherwords, only devices that are covered by the AHRA tax are eligible for the exemption

if there is a ruling contravening this I'd love to read it

cariboo
October 27th, 2012, 08:05 PM
I work with a crew of 15-25 people, and not one of them stores their music on cd's, They all use storage devices, either iphones, ipods or other mp3 players to play their music during the work day.

I personally carry around a 4GiB USB thumb drive loaded with music, as most new audio devices have a USB port specifically for external music storage devices.

How the crew get their music is never discussed, although I do see the exchange of USB data storage devices in the lunch room fairly often.

Here in Canada, we pay a licensing fee on all data storage devices and media, so as far as the law is concerned it is legal for us to store music and play it on other than the original media.

KiwiNZ
October 27th, 2012, 08:24 PM
this probably belongs in audio/Video, or recurring or maybe even sticky. the sysops here are very good; i'm sure they'll know what's proper here

as we all know the RIAA and MPA attacked what they called "music pirates" visciously

Wired: Report (http://www.wired.com/business/2008/12/riaa-says-it-pl/)

Evidently they are taking a new approach now

after retirement I've undertaken a project to recover my vinyl based music collection on CDs that i can play in my car. we used to do this with cassette tapes, and that was legal -- as private/non commercial use.

but when computers came into play the RIAA made music piracy into a huge issue -- as we are all aware.

Now, in regard to Section 1008 of US Title 17, 92Chap10 as revised by AHRA(1992): (http://www.copyright.gov/title17/92chap10.html#1008)

clearly what we do at home with our own music is private/non-commercial -- like making a play list to play while gabbing on Ubuntu or a CD for the car. still, we note: a computer is a general purpose device, not a music recording device

(Wickipedia essay (http://en.wikipedia.org/wiki/Audio_Home_Recording_Act#cite_ref-2))

but distributing any of our privately owned music -- or downloading -- is clearly an invitation to trouble. and this would include artwork, biographies, and lyrics. this is all copyright stuff. whatever came in the plastic CD pack -- is ok for me to use privately but that it, period.

accordingly it is imperative that we prevent our music player systems from any internet access for any reason.

obviously music players are extremely popular . still it's important to understand what's allowed and what is not -- and how to keep within the limit.


USA statutes apply to the USA only, always check the the Law as it is enacted in your Country of residence.

KiwiNZ
October 27th, 2012, 08:27 PM
In New Zealand one can make an electronic copy of a Music CD that one has purchased for personal use IF the rights owner has so agreed. This does not apply to DVD's.

Artemis3
October 27th, 2012, 09:00 PM
There is a movement pushing for the abolition of copyright law, or at least change it so it's duration is way lower, and allow non-profit copying.

These days you see the corporations pass their draconian laws without any resistance, nobody cares about the people, they don't pay politicians as much. In Japan they even made it a criminal offense, 2 years of prison for downloading a song, it is madness.

To begin with, copyright infringement is a minor civil offense; not something so dangerous to society that deserves someone to be isolated because otherwise the life of others would be in danger.

History of copyright: In America, the original Copyright term was 14 years, with a single extension of 14 more years, so the max was 28 years. Now, it is the life of the author, + a century.

Copyright was made to put an end to hereditary printer guild rights; a limit that would ensure works would find its way to society and benefit as a whole. One of the points of founding the country was to break with these absurd laws...

Copyright enhanced/promoted the arts/science because after this small term the works would go into pubic domain where everyone would benefit. What you see today is the complete opposite, stagnation.

Oh and, up until quite recently, copyright had to be declared; else it was instant public domain; well not anymore, and they left out any means of creating public domain works, thats why Lawrence Lessig had to come out with Creative Commons.

Most other countries have copyright law, but its widely ignored. Kid download a song? Who cares? There is real crime out there...