[SATLUG] Man arrested for copying his own CD's

Ernest De Leon edeleonjr at gmail.com
Fri Jan 4 22:42:49 CST 2008


Look at the very top of the page Herb first cited...nice big letters....
Fair Use....

Matter of fact here is the rest of it....

One of the rights accorded to the owner of copyright is the right to
reproduce or to authorize others to reproduce the work in copies or
phonorecords. This right is subject to certain limitations found in sections
107 through 118 of the Copyright Act (title 17, U. S.
Code<http://www.copyright.gov/title17/92chap1.html#107>).
One of the more important limitations is the doctrine of "fair use."
Although fair use was not mentioned in the previous copyright law, the
doctrine has developed through a substantial number of court decisions over
the years. This doctrine has been codified in section 107 of the copyright
law.

Section 107 contains a list of the various purposes for which the
reproduction of a particular work may be considered "fair," such as
criticism, comment, news reporting, teaching, scholarship, and research.
Section 107 also sets out four factors to be considered in determining
whether or not a particular use is fair:

   1.

   the purpose and character of the use, including whether such use is of
   commercial nature or is for nonprofit educational purposes;
   2.

   the nature of the copyrighted work;
   3.

   amount and substantiality of the portion used in relation to the
   copyrighted work as a whole; and
   4. the effect of the use upon the potential market for or value of the
   copyrighted work.

The distinction between "fair use" and infringement may be unclear and not
easily defined. There is no specific number of words, lines, or notes that
may safely be taken without permission. Acknowledging the source of the
copyrighted material does not substitute for obtaining permission.

The 1961 *Report of the Register of Copyrights on the General Revision of
the U.S. Copyright Law* cites examples of activities that courts have
regarded as fair use: "quotation of excerpts in a review or criticism for
purposes of illustration or comment; quotation of short passages in a
scholarly or technical work, for illustration or clarification of the
author's observations; use in a parody of some of the content of the work
parodied; summary of an address or article, with brief quotations, in a news
report; reproduction by a library of a portion of a work to replace part of
a damaged copy; reproduction by a teacher or student of a small part of a
work to illustrate a lesson; reproduction of a work in legislative or
judicial proceedings or reports; incidental and fortuitous reproduction, in
a newsreel or broadcast, of a work located in the scene of an event being
reported."

Copyright protects the particular way an author has expressed himself; it
does not extend to any ideas, systems, or factual information conveyed in
the work.

The safest course is always to get permission from the copyright owner
before using copyrighted material. The Copyright Office cannot give this
permission.

When it is impracticable to obtain permission, use of copyrighted material
should be avoided unless the doctrine of "fair use" would clearly apply to
the situation. The Copyright Office can neither determine if a certain use
may be considered "fair" nor advise on possible copyright violations. If
there is any doubt, it is advisable to consult an attorney.
FL-102, Revised July 2006

I think I can count 'fair use' in there more than once?

Ernest

On Jan 4, 2008 8:35 PM, Brian Lewis <astro at astr0.org> wrote:

> The words fair use ate not listed once. No judge has ever ruled on
> what constitutes fair use.
>
> Ever.
>
> Sent from my iPhone
>
> On Jan 4, 2008, at 9:21 PM, herb cee <hc at lookcee.com> wrote:
>
> > Brian Lewis wrote:
> >> Actually, "fair use" hasn't been determined by a court yet, so we
> >> can only speculate as to what fair use is.
> >
> > Your statement is false according to the .gov site this law is
> > codified
> >
> > Although fair use was not mentioned in the previous copyright law,
> > the doctrine has developed through a substantial number of court
> > decisions over the years. This doctrine has been codified in section
> > 107 of the copyright law.
> > http://www.copyright.gov/fls/fl102.html
> >
> > Would you please site your source?
> >>
> >> Sent from my iPhone
> >>
> >> On Jan 4, 2008, at 7:49 PM, Alan Lesmerises
> >> <alesmerises at satx.rr.com> wrote:
> >>
> >>> I had read that one of the RIAA attorneys or executives said
> >>> during a deposition (or maybe it was in an actual trial) that they
> >>> considered someone who ripped a song from their own CD onto their
> >>> own hard drive for their own use as "stealing a song", even though
> >>> that would clearly fall under the auspices of fair use.
> >>>
> >>> So even though the Post story may be technically incorrect about
> >>> this specific case, it does seem to reflect the general attitude
> >>> that the RIAA has towards people ripping MP3s off their own CDs. I
> >>> just see it as today's equivalent of recording an LP onto a
> >>> cassette so you could listen to it on your walkman or in your car.
> >>> The only difference is that the technology & the medium has changed.
> >>>
> >>>
> >>> Borries Demeler wrote:
> >>>> There was an interesting discussion of exactly this topic on
> >>>> NPR's 'Talk of the Nation' yesterday - here is the link:
> >>>>
> >>>> http://www.npr.org/templates/story/story.php?storyId=17814972
> >>>>
> >>>> Abstract:
> >>>>
> >>>> Talk of the Nation, January 3, 2008 - A recent article in the
> >>>> Washington
> >>>> Post claims that the Recording Industry Association of America
> >>>> (RIAA)
> >>>> views copying a legally purchased CD onto a computer or an MP3
> >>>> player
> >>>> as unauthorized, and potentially subject to a lawsuit. The RIAA
> >>>> contends
> >>>> that the Washington Post story is false.
> >>>>
> >>>> Guests:
> >>>>
> >>>> Marc Fisher, columnist for the The Washington Post
> >>>>
> >>>> Cary Sherman, president of the Recording Industry Association of
> >>>> America (RIAA)
> >>>>
> >>>> This segment echoes what Mark says below about misinterpretation
> >>>> by the media.
> >>>>
> >>>> -borries
> >>>>
> >>>>
> >>>>> The media has misinterpreted the case. The issue is not that he
> >>>>> ripped a legally purchased CD (which is still legal under the
> >>>>> "archival" part of copyright law, no matter what the RIAA says),
> >>>>> the
> >>>>> issue is that he put those ripped songs into a directory that
> >>>>> was also
> >>>>> used by a P2P app. Since the P2P app "served" the songs out
> >>>>> without
> >>>>> his knowledge, he is still technically guilty of illegal file-
> >>>>> sharing.
> >>>>>
> >>>>> The (MP|RI)AA really loves P2P because it is so easy to go after
> >>>>> everyone who downloads a song/movie, since because of the way P2P
> >>>>> works, a downloader is also an uploader!
> >>>>>
> >>>>> I try to only use media that I ripped myself, and don't have
> >>>>> anything
> >>>>> to do with music sharing.
> >>>>>
> >>>>> --Mark McCoy
> >>>>> - US Army Veteran
> >>>>> - Professional Unix Geek
> >>>>>
> >>>>> Here in America we are descended in blood and in spirit from
> >>>>> revolutionists and rebels - men and women who dared to dissent
> >>>>> from
> >>>>> accepted doctrine. As their heirs, may we never confuse honest
> >>>>> dissent
> >>>>> with disloyal subversion. -- Dwight D. Eisenhower
> >>>>> --_______________________________________________
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> >>>
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