179,854Messages
9,130Senders
30Years
342mboxes

← back to listing · view thread

From:
Adam J Weitzman
To:
IDM Mailing List
Date:
Wed, 07 May 1997 12:38:10 -0400
Subject:
Copyright infringement (was Re: (idm) radio mix)
Msg-Id:
<3370AFF2.92612597@individual.com>
Mbox:
idm.9705.gz
And the great "copyright debate" circle comes 'round again. I put my two cents in about this in March of last year. :-) Please read the full text of the Audio Home Recording Act of 1992 (it is available at http://www.hrrc.org/ahra.html). It is an amendment to the Copyright Act of 1976 and, in part, reads as follows: ----------------------------------------------------------- Section 1008. Prohibition on certain infringement actions 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. ----------------------------------------------------------- What this means is left as an exercise for the reader. (Hint: Lazlo is correct.) With regards to giving away 10,000 CD-R's of _Thriller_, I imagine Sony would argue that by pressing up 10,000 CD-R's of something, you are either (a) no longer engaged in a "noncommercial" enterprise, or (b) no longer qualifying as a "consumer," and so you could be sued for infringement of copyright in this case. Of course, I'm not a lawyer either. But the text of this part of the Act is exceptionally clear (compared to most legal jargon I've tried to read). The rest of the Act speaks to "how do artists get paid then?" and the answer is, essentially, a tax on all digital recording media and devices. -- Adam J Weitzman "What is is, Individual, Inc. What is not is possible." weitzman@individual.com - Einstuerzende http://www.individual.com Neubauten