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More on Copyright

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1994-03-29 01:56Lazlo Nibble More on Copyright
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1994-03-29 01:56Lazlo Nibble> But then we come to the problem of defining "noncommercial use". > Chris Hilker interpre
From:
Lazlo Nibble
To:
Intelligent Dance Music
Date:
Mon, 28 Mar 1994 18:56:17 -0700 (MST)
Subject:
More on Copyright
permalink · <m0plT2P-0005zlC@carina.unm.edu>
quoted 6 lines But then we come to the problem of defining "noncommercial use".> But then we come to the problem of defining "noncommercial use". > Chris Hilker interprets this as "We can copy as much CDs, cassettes, or > records and give them out (FREE) to our friends or whoever." Is this > noncommercial? It appears to fit the definition. But is this what our > copyright law-makers had in mind? As Phil Z says, this seems intuitively > wrong...which I would have to agree.
Out of context, it *does* seem intuitively wrong, but in the context of the legislation which enacted the law, it makes perfect sense: the record companies exchanged the right to prevent noncommercial redistribution of their music for the monies they are now receiving from the DAT tax. Presumably the logic was that if the government was going to enact a tax benefitting a private industry, the thing being taxed (home taping of copyrighted music) should be legal.
quoted 3 lines Well, it's frustrating that we have to try to interpret THEIR words for> Well, it's frustrating that we have to try to interpret THEIR words for > what THEY had in mind, rather than interpreting it in our own way...this > is making loopholes and could get one into trouble.
As I mentioned when starting this thread, the legislative history accompanying this law makes its intention explicit: it is meant to legalize home taping. Period.
quoted 2 lines Furthur thoughts: Sure one may copy an original CD onto cassette for> Furthur thoughts: Sure one may copy an original CD onto cassette for > personal use, but may one sell the original and keep the cassette copy?
Under 17 USC 1008, yes.
quoted 3 lines FAX label only puts out 500 copies of each track. When they sell out,> FAX label only puts out 500 copies of each track. When they sell out, > would they be damaged by bootleggers or other copyright violators who > copy these tracks? (commercially or noncommercially)
They might be, but in my opinion that's what they risk by creating an artifical demand for the product. -- Lazlo (lazlo@unm.edu)