Copyright question...

Discussion in 'Music' started by Adam.Heckman, Aug 6, 2004.

  1. Adam.Heckman

    Adam.Heckman Second Unit

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    If I buy a disc for personal listening, do I have the right to be able to change that music into any format that I see fit to listen to? Such as if I buy a CD and rip it into MP3 for and IPOD or other device, or if I buy an SACD and use the 2 channel mix to create a regular CD.

    Also, I understand that I should be able to make direct copy back-ups of my discs, on writable CD and to a hard disk. As far as I have been told, I can do whatever I want to the music as long as I don't distribute it to others... this includes changing its format.

    Somebody please clarify for me, especially the SACD senario.

    Thanks!
     
  2. Rob Gardiner

    Rob Gardiner Cinematographer

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    Do a google search on "format shifting". I'd like to post more but don't want to get into the same kind of circular discussions these topics have led to in the past. [​IMG]
     
  3. Jeff Ulmer

    Jeff Ulmer Producer

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    There are many interpretations of what is allowed and what isn't, but none of the interpretations that give free reign to do whatever you wish with a prerecorded media have been settled in court, so there is no definitive answer other than existing copyright law, which forbids any copying by anyone other than the copyright holder (this can vary by country). There are many extrapolations from case law, but until they are tried, they are worthless. Like Rob, I suggest you look around, but also beware that the majority of information on this topic is NOT correct, or at least not backed by court precident.

    If you are worried about being sued or arrested for making a personal copy, the probability is that you won't be.
     
  4. Thomas Newton

    Thomas Newton Screenwriter

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    Like in the US, where there are parts of the copyright law that say explicitly that they are a limitation on the scope of the monopoly granted to the copyright holder. The First Sale Doctrine and Fair Use sections both start off with such statements.
     
  5. Jeff Ulmer

    Jeff Ulmer Producer

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    True, but neither grant the rights to copy freely, make backups, or format shift.

    First sale allows only two actions, to destroy or to resell a lawfully made product, and there are exclusions for digital versions see here.

    Fair Use does limit the monoply, but it would be hard to argue in the case of format shifting if the intent is to avoid having to buy a legal version in another format, and the work is being copied in its entirety.

    The AHRA is more applicable in this case.
     

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