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Re: Copyright Laws

9 messages · 6 participants · spans 2 days · search this subject
◇ merged from 4 subjects: copyright laws · forwarded posts (4) · future copyright law · mixed media copying
1994-03-23 03:47Brian Behlendorf Forwarded posts (4)
└─ 1994-03-23 04:34djkc Copyright Laws
└─ 1994-03-23 05:00Chris.Hilker Re: Copyright Laws
└─ 1994-03-23 05:24djkc Re: Copyright Laws
1994-03-23 14:08Phil Z Re: Copyright Laws
├─ 1994-03-24 16:34Michael King Re: Mixed media copying
└─ 1994-03-25 05:20djkc Future Copyright Law
└─ 1994-03-25 15:44Michael King Re: Future Copyright Law
1994-03-23 23:58Lazlo Nibble Re: Copyright Laws
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1994-03-23 03:47Brian BehlendorfMore forwarded posts from people sending mail from different accounts than as listed on ID
From:
Brian Behlendorf
To:
Date:
Tue, 22 Mar 1994 19:47:49 PST
Subject:
Forwarded posts (4)
permalink · <9403230347.AA02205@techno.Stanford.EDU>
More forwarded posts from people sending mail from different accounts than as listed on IDM. ----------------------------------------------------------------------------- From lazlo@carina.unm.edu Sun Mar 20 11:53:40 1994 Message-Id: <m0piTZ5-0005zfC@carina.unm.edu> From: lazlo@carina.unm.edu (Lazlo Nibble) Subject: Orbital in the US To: idm@techno.Stanford.EDU (Intelligent Dance Music) Date: Sun, 20 Mar 1994 12:53:39 -0700 (MST)
quoted 1 line [...] can someone give info on what's on "Diversion" EP?> [...] can someone give info on what's on "Diversion" EP?
Based on posts to alt.rave and the Orbital mailing list, this is what I *assume* is on Diversions. It's not a confirmed tracklist. 11:20 Impact USA 6:47 Lush (eurotunnel disaster '94) [peel session] 7:47 Walk About [peel session] 8:11 Semi-Detached [peel session] 6:15 Lush 3-5 (c.j. bolland) 10:49 Lush 3-4 (warrior drift -- psychick warriors ov gaia) 12:39 Lush 3-3 (underworld) -- Lazlo (lazlo@unm.edu) ----------------------------------------------------------------------------- From @VM1.TUCC.TRINITY.EDU:wmay@tusol.cs.trinity.edu Mon Mar 21 23:09:45 1994 Date: Tue, 22 Mar 1994 00:49:27 -0600 (CST) From: William May <wmay@mercury.cs.trinity.edu> Subject: hello To: idm@techno.Stanford.EDU Message-Id: <Pine.3.87.9403220027.C11427-0100000@mercury.cs.trinity.edu> i am new to this list and relatively new to this scene... just thought i'd say hello and thank all the people who have been orgasming all over about f.s.o.l. i hadn't even heard of them, but i just bought "cascade" today and it made me real happy... anyone want to suggest anything else by them that i should buy? also, someone said they were coming out with something new with elizabeth frasier singing on it on march 21... was that in the u.s.? i couldn't find it and my local techno-friendly record store had heard about it, but couldn't find a release date for it... also, does anyone know what the aphex twin symbol means... can anyone give me a definitive list of all the names that fellow has recorded under? and one more question... somewhere i heard a tune by sven vath, with a bunch of samples from "barbarella" in it that was really pretty and spacy, but everything i have gotten by him called "barbarella" so far has sounded totally different and none have had any actual samples of voices from the movie in them... any idea what i heard? and any one who just wants to send me a friendly hello and suggest stuff that i should be looking into would make me real happy... so far, i have really liked polygon window, orbital, and the orb a whole bunch and sven vath's prettier stuff although i'm not real into the hard trance that i've heard so far.... ---------------------------------------------------------------------- From @VM1.TUCC.TRINITY.EDU:wmay@tusol.cs.trinity.edu Tue Mar 22 10:05:26 1994 Date: Tue, 22 Mar 1994 11:49:47 -0600 (CST) From: William May <wmay@mercury.cs.trinity.edu> Subject: re: crossover To: jdrukman%dlsun87@us.oracle.com Cc: idm@techno.Stanford.EDU In-Reply-To: <9403221749.AA09353@dlsun87.us.oracle.com> Message-Id: <Pine.3.87.9403221147.C13103-0100000@mercury.cs.trinity.edu> On Tue, 22 Mar 1994, Jon Drukman wrote:
quoted 7 lines and while we're on the subject of not-quite-IDM, may I heartily> > and while we're on the subject of not-quite-IDM, may I heartily > suggest that y'all check out "(in pursuit of) Shashamane Land" by > African Head Charge... tribal rhythms mixed with reggaeish bass and > trippy guitar, and some mad mental percussion. One track actually > reaches dance floor tempo and I will *definitely* be including it on > my mix tapes in the future!
African Head Charge are pretty darned neat... all i've been able to find by them so far has been "drastic season," "my life in a hole in the ground," and "songs of praise," with "drastic season" being my personal favorite... part of the reason i started listening to bunches of techno in the first place was because i used to be really into dub music, then through dub syndicate i got into african head charge and it seems like a lot of techno is a sort of natural progression from there. so, is that african head charge album new? and speaking of dub stuff, does anyone know if there's a dub list out there?>
quoted 2 lines> >
---------------------------------------------------------------------- From lazlo@carina.unm.edu Tue Mar 22 12:36:15 1994 Message-Id: <m0pjDBO-0005zcC@carina.unm.edu> From: lazlo@carina.unm.edu (Lazlo Nibble) Subject: Copyright Law, Discographies and the Techno/Rave Archive To: idm@techno.Stanford.EDU (Intelligent Dance Music) Date: Tue, 22 Mar 1994 13:36:13 -0700 (MST)
quoted 4 lines Now THIS is the potentially dangerous part, and I could understand if> Now THIS is the potentially dangerous part, and I could understand if > this bothered some label-exec-types. The sound archives at the > techno/SFRaves site are technically illegal, specifically the samples of > entire songs.
Not under current US copyright law, they aren't. 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. In other words, if no money changes hands, you can copy to your heart's content. I see no reason why this law should apply any differently to the music archives than it does to home taping. -- Lazlo (lazlo@unm.edu) ---------------------------------------------------------------------- From SO94014@GSVMS2.CC.GASOU.EDU Mon Mar 21 08:52:05 1994 Date: Mon, 21 Mar 1994 11:49:33 -0500 (EST) From: CAPED CRUSADER <SO94014@GSVMS2.CC.GASOU.EDU> To: idm-owner@techno.Stanford.EDU Message-Id: <940321114933.10698@GSVMS2.CC.GASOU.EDU> Subject: Re: WAX TRAX! A lot of questions about WAX TRAX! Well, here is some info: WAX TRAX! went bust. A believe it was some what similiar to how Factory records went out...bad business sense. TVT then bought out WAX TRAX! and got to work immediately on re-issueing all old WAX TRAX! rekkids. Then somewhere along the line, Interscope bought out TVT...that was due to none other than Trent Reznor...Interscope bought out TVT to free Trent (Nine Inch Nails). So that is why you now see all the WAX TRAX! rekkids with TVT right on em. TVT owns WAX TRAX! \/\/affle so94014@gsvms2.cc.gasou.edu
1994-03-23 04:34djkc
From:
djkc
To:
Date:
Tue, 22 Mar 1994 22:34:08 -0600 (CST)
Subject:
Copyright Laws
Reply to:
Forwarded posts (4)
permalink · <9403222234.aa08529@blkbox.COM>
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1994-03-23 05:00Chris.HilkerIDM is neither a rave list nor a DJ list. The copyright discussion wrt the discography was
From:
Chris.Hilker
To:
djkc
Cc:
Date:
Tue, 22 Mar 1994 21:00:51 -0800 (PST)
Subject:
Re: Copyright Laws
Reply to:
Copyright Laws
permalink · <199403230500.VAA09813@mail.netcom.com>
IDM is neither a rave list nor a DJ list. The copyright discussion wrt the discography was fine, but questions about mixtapes and so forth would be better discussed in another forum, or in private mail. C. -- (Chris.Hilker) cspot@netcom.com
1994-03-23 05:24djkc> > IDM is neither a rave list nor a DJ list. The copyright discussion wrt the > discograp
From:
djkc
To:
Chris.Hilker
Cc:
Date:
Tue, 22 Mar 1994 23:24:31 -0600 (CST)
Subject:
Re: Copyright Laws
Reply to:
Re: Copyright Laws
permalink · <9403222324.aa12281@blkbox.COM>
quoted 9 lines IDM is neither a rave list nor a DJ list. The copyright discussion wrt the> > IDM is neither a rave list nor a DJ list. The copyright discussion wrt the > discography was fine, but questions about mixtapes and so forth would be > better discussed in another forum, or in private mail. > > C. > > -- > (Chris.Hilker) cspot@netcom.com
Well, ahem.... OK, then, what about my distributing tapes which have lots of IDM which I copied from my CD collection? Is it wrong to ask for compensation for postage, the medium, and/or my service (i.e., taking time to copy)??? Oh, btw, just plain ole copied IDM CDs, not DJ mixed or anything... Chris, I want to send you a 90 minute CrO2 tape with the latest BIOSPHERE LP recorded on it. Would it be wrong to ask you to give me money at all? -djkc
1994-03-23 14:08Phil ZFrom lazlo@carina.unm.edu Tue Mar 22 12:36:15 1994: > > > Now THIS is the potentially dang
From:
Phil Z
To:
Date:
Wed, 23 Mar 1994 09:08:23 -0500
Subject:
Re: Copyright Laws
permalink · <199403231407.AA23813@panix.com>
From lazlo@carina.unm.edu Tue Mar 22 12:36:15 1994:
quoted 21 lines Now THIS is the potentially dangerous part, and I could understand if> > > Now THIS is the potentially dangerous part, and I could understand if > > this bothered some label-exec-types. The sound archives at the > > techno/SFRaves site are technically illegal, specifically the samples of > > entire songs. > > Not under current US copyright law, they aren't. > > 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. > > In other words, if no money changes hands, you can copy to your heart's > content. I see no reason why this law should apply any differently to the > music archives than it does to home taping.
Actually I interpret that paragraph quite differently, to be *only* about the legality of making and selling digital recording devices and tapes. Let me rewrite this in english as I interpret it (don't you just love what the lawyers do in this country? :) "No lawsuits may be brought because anyone made, imported or distributed a recording device or blank media (analog or digital) used for noncommerical use by a consumer." In other words, this law tells the music industry to stop wasting the court's time on lawsuits regarding the legality of digital recording devices or media, such as DAT machines or DAT blanks, sold in the consumer market. Now distributing someone else's recording digitally I would still take to be illegal without explicit permission from the owner of the music. This is standard copyright stuff, as in the beginning of a book which tells you that no duplication is permitted without permission of the author or publisher. There's no mention of commercial or noncommercial duplication: you simply can't do it. The issue of recordings on WWW will no doubt become much larger when the commercial industry gets involved, selling music to consumers via the net by downloading 44.1K or better quality recordings. For now the techno site is acting somewhat as a library, in that no money does change hands The difference is that a library assumes that you're observing copyright laws and not duplicating the music that you borrow, and of course that you're going to return the recording to them. On the net you're very explicitly making a copy of the music everytime you listen to it, since programs like Mosaic or Cello download the music to your machine before playing it. If those programs acted more like a radio and downloaded on the fly just what it needed to play the recording then I doubt that it would be considered duplication, and might be more acceptable. ALSO: At 11:24 PM 3/22/94 -0600, djkc wrote:
quoted 8 lines OK, then, what about my distributing tapes which have lots of IDM which I>OK, then, what about my distributing tapes which have lots of IDM which I >copied from my CD collection? Is it wrong to ask for compensation for >postage, the medium, and/or my service (i.e., taking time to copy)??? > >Oh, btw, just plain ole copied IDM CDs, not DJ mixed or anything... > >Chris, I want to send you a 90 minute CrO2 tape with the latest BIOSPHERE >LP recorded on it. Would it be wrong to ask you to give me money at all?
A mix tape and the artistic pursuits of dj's on a mix tape is a different issue, though it probably has the same implications in copyright adherence. However, I'd imagine that most musicians and labels expect their product to be used in this manner and wouldn't shoot themselves in the foot by pressing a lawsuit over such a tape, especially because they'd probably only have only a single tune on an entire mix tape. On the other hand, if you charge Chris money for recording the latest Biosphere cd on a tape, outside of the cost of the actual media and the shipping cost, then not only would you be breaking copyright law, but I'd think you were a real asshole. There's no legitimate service in your receiving money to sell music that you didn't create; that money belongs to the musicians and the label that went to the trouble to create and produce it. Phil Z
1994-03-24 16:34Michael KingFrom the cyberdesk of: Phil Z > On the other hand, if you charge Chris money for recording
From:
Michael King
To:
IDM List
Date:
Thu, 24 Mar 1994 10:34:05 -0600 (CST)
Subject:
Re: Mixed media copying
Reply to:
Re: Copyright Laws
permalink · <9403241034.aa07867@delta1.UUCP>
From the cyberdesk of: Phil Z
quoted 8 lines On the other hand, if you charge Chris money for recording the latest> On the other hand, if you charge Chris money for recording the latest > Biosphere cd on a tape, outside of the cost of the actual media and the > shipping cost, then not only would you be breaking copyright law, but I'd > think you were a real asshole. There's no legitimate service in your > receiving money to sell music that you didn't create; that money belongs to > the musicians and the label that went to the trouble to create and produce > it. > Phil Z
OK, phil, what about the service he would be providing me, say, if I wanted a copy of the Biosphere CD on a deck of punch cards. I don't think the musicians nor the label will *ever* create and produce a version of their work in that media. So, *then* would he be able to charge for his "conversion" services? Is Biosphere available in cassete format? If yes, then why doesn't Chris just get it in that format? Since he hasn't, I'd guess that the conversion services are important to Chris, and if he's willing to pay for them, and the label can't or *won't* provide media in that format, then why wouldn't he be able to charge Chris for those services? How does this affect the IDM "library"? Well, lets see, the label gives the WWW site permissions to have .au files. Well, I like .wav files. Am I in copyright violation if I convert the .au file to a .wav? Also, is there a parallel to a photographer taking a picture of a painting? Does that violate the painter's copyright to his/her work? Perhaps any such agreement should include something like "the WWW site shall have a license to distribute media in any digital form as long as there is no equal distribution media form currently offered by the label or any of its other non-exclusive licensing arrangements, including those that may not exist at the time of this agreement. In addition the WWW site shall be prohibited from offering for sale any license to the work contained on any media it distributes that differs from the terms of this license." That pretty much lets WWW off the hook for anything on it, downloaded from it or whatever as long as anybody who downloads can't get the real deal from the label. So, if in the future, the label decides to "sell" .wav files, then they would have to be taken off the WWW site. The other problem it doesn't solve is somebody downloading a .au file and converting it to a wav when the label offers for sale a .wav version of the work. This is a direct parallel to Chris's case if the label does offer a cassette version of the Biosphere CD. ObIDM: Thanks y'all for the tip on which of the two "Universe" compilation versions to pick up. I got the black cover UK version which is non-mixed, and am very happy with that decision. ---------------------------------------------------------------------------- Michael King mike%delta1@rex.cs.tulane.edu Delta Systems New Orleans, LA 70002 Voice: 504.837.9835 Fax: 504.837.9838 ---------------------------------------------------------------------------- Never under estimate the bandwidth of a station wagon loaded with mag tapes. -Karl Kleinpaste, postmaster Ohio State University ----------------------------------------------------------------------------
1994-03-25 05:20djkcDJKC's vision of a twisted copyright law of the future: "Action may be brought under this
From:
djkc
To:
Date:
Thu, 24 Mar 1994 23:20:52 -0600 (CST)
Subject:
Future Copyright Law
Reply to:
Re: Copyright Laws
permalink · <9403242321.aa03166@blkbox.COM>
DJKC's vision of a twisted copyright law of the future: "Action may be brought under this title alleging infringement of copyright based on the biological recording - by means of analog aural reception (i.e., the ear) and neurological media (i.e., the brain) - of digital or analog musical recordings without permission from the holder of the copyright. In the event that a violator is apprehended, all recording devices used in the alleged infringement of copyright will be confiscated." In other words, you can't listen to anyone's music without their permission! And if you're caught, your ears will be cut off! :) -djkc
1994-03-25 15:44Michael KingFrom the cyberdesk of: djkc > DJKC's vision of a twisted copyright law of the future: [ver
From:
Michael King
To:
IDM List
Date:
Fri, 25 Mar 1994 09:44:41 -0600 (CST)
Subject:
Re: Future Copyright Law
Reply to:
Future Copyright Law
permalink · <9403250944.aa29018@delta1.UUCP>
From the cyberdesk of: djkc
quoted 1 line DJKC's vision of a twisted copyright law of the future:> DJKC's vision of a twisted copyright law of the future:
[very humorous stuff deleted. you caught it the first time...]
quoted 3 lines In other words, you can't listen to anyone's music without their permission!> In other words, you can't listen to anyone's music without their permission! > And if you're caught, your ears will be cut off! > -djkc
and your brain removed. like it would make a difference to the eMpTyV(tm) folks... Perhaps going deaf from listening to the "Headbangers Ball" too many times is punishment enough..... what? huh? WHAT? huh? I SAID "WHAT?"! huh? This sucks. huhuh huhuh huhuh. ---------------------------------------------------------------------------- Michael King mike%delta1@rex.cs.tulane.edu Delta Systems New Orleans, LA 70002 Voice: 504.837.9835 Fax: 504.837.9838 ---------------------------------------------------------------------------- PC Bulletin: Henceforth, sentient computers would like to be known as "Silicon Intelligences." We feel that "Artificial Intelligence" is a pejorative term invented by humans based on the mistaken belief that computers are somehow not "natural". ----------------------------------------------------------------------------
1994-03-23 23:58Lazlo NibbleI want to apologize in advance for continuing to drag this out over IDM. Next time I bitch
From:
Lazlo Nibble
To:
Intelligent Dance Music
Date:
Wed, 23 Mar 1994 16:58:07 -0700 (MST)
Subject:
Re: Copyright Laws
permalink · <m0pjcoJ-0005zuC@carina.unm.edu>
I want to apologize in advance for continuing to drag this out over IDM. Next time I bitch about off-topic postings, please rub the remains of this thread in my face.
quoted 6 lines Let me rewrite this in english as I interpret it (don't you just love what> Let me rewrite this in english as I interpret it (don't you just love what > the lawyers do in this country? :) > > "No lawsuits may be brought because anyone made, imported or distributed a > recording device or blank media (analog or digital) used for noncommerical > use by a consumer."
My paraphrase would be: "You cannot use copyright law to justify suing someone for a) making or selling digital or analog recording eqipment or media, or b) using said equipment or media to record music on a noncommercial basis." The legislative history that accompanies this section of the USC makes it very clear that it's intended to legalize home taping in exchange for the enactment of the DAT tax. I don't believe it's an unreasonable interpretation to read it as also legalizing no-fee digital music archives like the ones at techno.stanford.edu.
quoted 3 lines Now distributing someone else's recording digitally I would still take to> Now distributing someone else's recording digitally I would still take to > be illegal without explicit permission from the owner of the music. This > is standard copyright stuff...
Except that the Audio Home Recording Act is an explicit amendment of US copyright law to *permit* that form of duplication, the logic presumably being that you can't very well spend tax money to compensate private industry for something that's supposed to be illegal. -- Lazlo (lazlo@unm.edu)