dslreports logo
 
    All Forums Hot Topics Gallery
spc
uniqs
24
CXM_Splicer
Looking at the bigger picture
Premium Member
join:2011-08-11
NYC

CXM_Splicer to NormanS

Premium Member

to NormanS

Re: Simple way to avoid copyright issues

quote:
"Fair Use" is ripping archival copies of music from CDs.

Copyright infringement is sharing those rips with people who don't own the source media.

Copyright infringement is much less like fair use than it is like theft. And it makes me cringe to see copyright infringement equated with theft.

Ok, some semantical questions then...

If I rip a CD that I own, can I still loan that CD out to someone or do I have to destroy the copy first?

What if that person loses my original, should I erase the songs from my iPod?

Is there a real difference between sharing the original vs. sharing the archival copy?

If I own a copy of a DVD but want an archival copy, can I download that archive from a torrent or have I committed infringement?

I don't claim that acts of downloading legally fall under the definition of 'fair use', only that the copyright laws create illegal situations from things where no one is doing anything wrong.

If it were up to me, I would structure the copyright laws to be more like patent law... if I make money from your creation, then you are entitled to a cut of that money. Personal use should be free.

NormanS
I gave her time to steal my mind away
MVM
join:2001-02-14
San Jose, CA
TP-Link TD-8616
Asus RT-AC66U B1
Netgear FR114P

NormanS

MVM

said by CXM_Splicer:

Ok, some semantical questions then...

"Semantics" has to do with the meanings of words. Your questions are less about "semantics" than about law. All answers would require adjudication. However:

If I rip a CD that I own, can I still loan that CD out to someone or do I have to destroy the copy first?

What if you loan it out, and the borrower rips it?

What if that person loses my original, should I erase the songs from my iPod?

Make him replace it?

Is there a real difference between sharing the original vs. sharing the archival copy?

As long as it is returned, probably not.

If I own a copy of a DVD but want an archival copy, can I download that archive from a torrent or have I committed infringement?

If you download from a torrent, you will be infringing. Using the BitTorrent protocol involves uploading, which is the infringing activity.

I don't claim that acts of downloading legally fall under the definition of 'fair use', only that the copyright laws create illegal situations from things where no one is doing anything wrong.

If it were up to me, I would structure the copyright laws to be more like patent law... if I make money from your creation, then you are entitled to a cut of that money. Personal use should be free.

Personal use is nearly impossible to police, anyway.

SimbaSeven
I Void Warranties
join:2003-03-24
Billings, MT
·StarLink

SimbaSeven to CXM_Splicer

Member

to CXM_Splicer
said by CXM_Splicer:

What if that person loses my original, should I erase the songs from my iPod?

According to copyright law, you are allowed to make one backup of the original. So, make a backup and hide the original. If the backup gets destroyed, make another.
said by CXM_Splicer:

If I own a copy of a DVD but want an archival copy, can I download that archive from a torrent or have I committed infringement?

If you downloaded from a torrent, you committed infringement. But there are tools to backup your DVD/Bluray that are available everywhere and are rather easy to use.
CXM_Splicer
Looking at the bigger picture
Premium Member
join:2011-08-11
NYC

CXM_Splicer

Premium Member

Thank you but the questions were more rhetorical (not semantic, I stand corrected). I know there are definite legal answers to the questions but I am more concerned with the common sense implications of things that are made illegal under copyright law.

I will take your second answer as an example:
quote:
If you downloaded from a torrent, you committed infringement. But there are tools to backup your DVD/Bluray that are available everywhere and are rather easy to use.

I agree that a torrent is (as NormanS pointed out) a bad example for technical reasons since torrent programs also upload. But consider Usenet then... if you are entitled to have 1 backup copy, why is it infringement to get that copy from the Internet rather than buying a separate program to do it yourself? Either way you end up with a copy. Sorry, that just makes no sense to me.

IowaCowboy
Lost in the Supermarket
Premium Member
join:2010-10-16
Springfield, MA
·Comcast XFINITY

IowaCowboy to SimbaSeven

Premium Member

to SimbaSeven
Also, what I have read about music is that a typical song has two copyrights a copyright on the song itself and a mechanical copyright on the recording (which is why many compilations of older songs are re-recordings of the song by the original artist as they only have to license the song itself and the record company publishing the song can get a new copyright on the re-recording).

You also have to watch out for franchise bands where you'll get a bunch of guys going around as artists/bands from the '60s and '70s and licensing the songs and band names. We were at a boat show years ago and there was a franchise band performing as Danny and the Juniors (my mother grew up in the '60s and 70's so she knew they were a knock-off band and it was not really them).