Re: [bomp] Fair use

[Briana Von Zipper <loopypetunia@xxxxxxxxx>]

To anyone interested in copyright law, here are some
relevant and reliable links.

 the first to the copyright law itself, and the other
two are related to fair use and limitations on
exclusive rights  (sections 107 and 109 of title 17,
to be exact).   Copyright law can be confusing and
also vague, that's why case law is important to
clarify what one can legally do.  

My two cents is that making one copy, for personal
use, would not be a violation of copyrignt law, but
may not technically be "fair use" either as Section
107 (fair use)  does not apply to "personal use"  but
to criticism, comment, news reporting, teaching
(including multiple copies for classroom use),
scholarship, or research.  

Section 108 of copyright law allows libraries and
archives to make one copy.  

Section 109 of copyrignt law basically says that if
you purchase the physical copy you have certain rights
(like re-sale, giving it to people).  those rignts are
in ownership of the physical copy.  the thing to
remember about copyright law is that it its about the
right to copy.  physical ownership and copyright
ownership are different. I can't imagine how a court
would decide that you can't rip mp3s from sound
recordings you already own UNLESS you distribute them
or sell them. Its all about intent....what you do with
the copies.   


http://www.copyright.gov/title17/

http://www.copyright.gov/title17/92chap1.html#109

http://www4.law.cornell.edu/uscode/17/107.html




--- Blair Buscareno <blairb@mac.com> wrote:

> 
> linda@coololdstuff.com wrote:
> >> Date: Tue, 01 Jan 2008 21:47:03 -0500
> >> From: Blair Buscareno <blairb@mac.com>
> >> Subject: [bomp] You've gotta be friggin' KIDDING
> me!
> >>
> >>
>
http://www.washingtonpost.com/wp-dyn/content/article/2007/12/28/AR2007122800693.html?hpid=topnews
> >>
> >> According to the RIAA, ripping an MP3 of a CD you
> own is *also*
> >> illegal.  Whatever happened to "fair use" - the
> tenet that you were
> >>     
> > allowed one copy for personal use?
> >
> > Fair use has always been a very murky area of the
> copyright law.  I'm not
> > surprised by the RIAA using it as another means to
> try to wring money out
> > of people.
> >
> > What I wanna know is, how did the RIAA find out
> about this guy if he
> > wasn't sharing files...?
> 
> According to the article, he *was* sharing files. 
> But the RIAA's filing 
> is trying to nail him on both points:  (1) the file
> sharing itself and 
> (2) the fact that he even made MP3s of songs he
> actually owned.
> 
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> 



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