rephlex wrote:
quoted 5 lines erm, I'd like to see you make a mixtape of someone like Prince and freely
> erm, I'd like to see you make a mixtape of someone like Prince and freely
> distribute it on a wide scale and then say that to Warners. Have you ever
> read the small print around the edge of most records - IT MEANS WHAT IT SAYS.
>
> IT'S ALL A QUESTION OF PERMISSION.
"'Nick....'" <ndavey@essex.ac.uk> wrote:
quoted 2 lines Legally any copies made of a record whether For profit or
> Legally any copies made of a record whether For profit or
> not it's illegal.
vidarh@dataconsult.no (Vidar Hanssen) wrote:
quoted 6 lines *All* kind of un-licenced copying of music is illegal. When I release a
> *All* kind of un-licenced copying of music is illegal. When I release a
> record, I have exclusive right to duplicate the music, which means I am the
> only one who can copy it to any format. It doesn't matter if you sell the
> tape/CD-R it or use it yourself, even home-taping is illegal.
> That's the legal side of it, and those rules apply all over the world, in the
> US too. Just read the standard text on any CD.
These are all nice theories. The fact is, none of them are true.
In the US, I can make a recording of any music I want, on any media I want, and
give it to anyone I choose, and no record company can sue me. The record
companies waived the right to sue anyone over this in favor of a DAT tax.
In October 1992, Congress passed the Audio Home Recording Act (AHRA). One
section of the Act states the following (I found this at
http://www.cis.ohio-state.edu/hypertext/faq/usenet/Copyright-FAQ/part3/faq.html
and will use a short piece of the commentary thereafter):
----------------------------------------------------------------------
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.
17 U.S.C. 1008.
As the legislative history to this statute noted, "In short, the reported
legislation would clearly establish that consumers cannot be sued for
making analog or digital audio copies for private noncommercial use."
H.R. Rep. 102-780(I).
Does this mean you can make copies for your family and friends, as long
as it's not "commercial?" A strict reading of the words in the statute
would seem to say that you may. This is not as outrageous as it sounds.
----------------------------------------------------------------------
The web page then goes on to talk about the DAT tax, that the law is relatively
new and hasn't yet been tested in court, and that it does not apply to
spoken-word recordings.
I just picked up my Orb "Pomme Fritz" CD. I'm reading the fine print. It
states:
"Warning: Unauthorized reproduction of this recording is prohibited by federal
law and subject to criminal prosecution."
This states that "unauthorized reproduction" is illegal. Making a tape of this
CD and giving it to people, according to the law, is not "unauthorized
reproduction;" it is, in fact, explicitly authorized by the AHRA.
I'm sorry, folks. You can kick and scream about it all you want, but the fact
is that in the United States, it is perfectly legal to tape music for yourself
and for your friends, provided that you do it in a non-commercial manner.
Now, of course, I don't do this all the time. But I do sometimes make
compilation tapes for people, to expose them to new music. And this action is
legally protected by the Audio Home Recording Act.
--
Adam J Weitzman ----- Individual, Inc. ----- weitzman@individual.com
"I love the music of the 20th century!" - Bruce Willis, "12 Monkeys"