Turntable shopping.. any help?

[The Kipnis Studios]

Originally Posted by AVB

I am fairly familiar with the RIAA stance and have never seen anything about the "friends and family" portion of your statement. A quick look at their website didn't revel anything except:

"The copy is just for your personal use. It’s not a personal use – in fact, it’s illegal – to give away the copy or lend it to others for copying."

And their hard-line stance on even personal copying even though the courts have ruled against this in the case of personal use:

"If you make unauthorized copies of copyrighted music recordings, you're stealing. You're breaking the law and you could be held legally liable for thousands of dollars in damages."

17 USC 1008 is the appropriate statute for this and it makes no mention of "friends and family"

Please point me towards your support for your statement when you get a chance.

I'm thinking this deserves to be it's own thread. I have read the same page at RIAA.com (not .Org which tells you somthing) and it is all about what they don't say. For example:

Examples of easy ways you could violate the law:

* Somebody you don’t even know e-mails you a copy of a copyrighted song and then you turn around and e-mail copies to all of your friends.

(But it is not illegal for you to receive and listen to that copy as much and as often as you like - provided you don't copy and distribute that copy!)


* You make an MP3 copy of a song because the CD you bought expressly permits you to do so. But then you put your MP3 copy on the Internet, using a file-sharing network, so that millions of other people can download it.

(But if you personally give an MP3 (or even an AIFF) copy of music from a CD that you purchased to a friend or family member (read "someone you know personally for some length of time) so as to share (and encourage them to purchase for themselves), that is legal).


* Even if you don’t illegally offer recordings to others, you join a file-sharing network and download unauthorized copies of all the copyrighted music you want for free from the computers of other network members.

(Nuff Said)


* In order to gain access to copyrighted music on the computers of other network members, you pay a fee to join a file-sharing network that isn’t authorized to distribute or make copies of copyrighted music. Then you download unauthorized copies of all the music you want.

(Nuff Said)


* You transfer copyrighted music using an instant messenging service.

(Nuff Said)


* You have a computer with a CD burner, which you use to burn copies of music you have downloaded onto writable CDs for all of your friends.

(But nothing about if you make copies for your friends from a CD you purchased!)



From:

http://www.riaa.com/physicalpiracy.p...online_the_law


RIAA, would you please post here and clarify this issue, more clearly?

[The Kipnis Studios]

Originally Posted by AVB

And what right would that be?

I know you can copy anything you own for personal archive but giving away copies does not fit within that framework.

Did this thread fall by the wayside?



This, in particular is very disturbing:

"The copy is just for your personal use. It’s not a personal use – in fact, it’s illegal – to give away the copy or lend it to others for copying." - RIAA

I'm sorry, but if it's my personal copy, then I can do anything I like with it, including give it away - to charity!

There is no litigation to back up what they are saying, here, and just saying it with great vigor does not make it law!

[The Kipnis Studios]

How about this for clarification:

"This site is intended to educate consumers about the issues associated with the downloading, uploading and consumer copying of music. It is not intended to offer legal advice or be a comprehensive guide to copyright law and the commercial uses of music."

?!?!?! Sounds like propaganda to me :-)

[AVB]

I think you are missing their point. You are not allowed to give away your copy of a licensed product, let's say CD in this case, without also giving away to the same person the original licensed product too. As soon as you give your copy to someone else but retain the original licensed product you have violated the license agreement and DMCA. That copy is now no longer under your "personal use" and thus is not legal. So you may not give away your copy to charity and retain the original but you may give both to charity.

As I mentioned previously, 17 USC 1008 is the appropriate statute. What the RIAA wants and what the law actually is may not be the same thing.

Originally Posted by The Kipnis Studios

Did this thread fall by the wayside?

This, in particular is very disturbing:

"The copy is just for your personal use. It’s not a personal use – in fact, it’s illegal – to give away the copy or lend it to others for copying." - RIAA

I'm sorry, but if it's my personal copy, then I can do anything I like with it, including give it away - to charity!

There is no litigation to back up what they are saying, here, and just saying it with great vigor does not make it law!

[The Kipnis Studios]

Copying Music to CD: The Right, the Wrong, and the Law - by Robert A. Starrett

Page 3 of 8

COPYRIGHTS IN MUSIC AND HOW THEY'RE CONSTITUTED

Most music discs contain copyrighted material. The basis of copyright protection in the United States is found in the U.S. Constitution, Article I, Section 8. The Constitution empowers Congress "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." The result of this empowerment is the U.S. Copyright Act, Section 17 of the United States Code (U.S.C.).

A copyright gives its owner the exclusive right to reproduce, distribute, perform, display, or license the work referenced in the copyright. The holder of the copyright additionally receives the exclusive right to produce or license the production of derivatives of the work. According to the Copyright Act, the owner of copyright has the exclusive rights "to reproduce the copyrighted work in copies or phonorecords," a privilege generally known as the Right of Reproduction. However, the Copyright Act also limits this exclusive right in Section 107 of the Act, which addresses "fair use" of copyrighted materials. Although Section 107 enumerates some of the situations that may be considered fair use--criticism, comment, news reporting, teaching, scholarship, and research--it certainly does not exclude other uses, such as home recording for personal use. [an error occurred while processing this directive] Fair use, sometimes referred to as the Fair Use Doctrine, does not necessarily grant the user the right to copy material which he or she has purchased. Fair use is generally reserved for use as a defense to a copyright infringement action. The criteria set forth in the Act make it necessary for courts to decide copyright infringement issues and fair use defenses on a case-by-case basis, applying the four criteria set out in the Act to the particular infringement alleged in the case at bar.

Section 202 of the Copyright Act clearly states that the ownership of a copyright "is distinct from ownership of any material object in which the work is embodied." Therefore, the transfer of ownership of any material object, such as a CD, does not convey any rights in the copyrighted work embodied in that object.

Concerning computer programs, the Copyright Act states that "it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program," as long as the copy is for archival purposes only. This specification seems ill-suited to being applied to computer programs in that it refers to the "owner" of the program and most computer programs are sold under license and no ownership is contemplated or granted. Nonetheless, making an archival copy of a computer program is apparently permitted.

Originally Posted by AVB

I think you are missing their point. You are not allowed to give away your copy of a licensed product, let's say CD in this case, without also giving away to the same person the original licensed product too. As soon as you give your copy to someone else but retain the original licensed product you have violated the license agreement and DMCA. That copy is now no longer under your "personal use" and thus is not legal. So you may not give away your copy to charity and retain the original but you may give both to charity.

As I mentioned previously, 17 USC 1008 is the appropriate statute. What the RIAA wants and what the law actually is may not be the same thing.

[kennyt]

Guys,

Just to get back on post.....

My maid snapped off my stylus!!! I am again without a TT and it sucks! I had just cued up Jimi Hendrix Elecctricladyland "Rainy Day, Dream Away" and found out it was screwed........

Damn you Marta!!!