Inside Edition Thursday

[Robbie Cox]

Originally posted by rdale
Not to get off-topic, but distributing anything that says \"copyright\" on it is illegal. Prosecuted -- I can't imagine unless you sell. But giving it away or loaning it to a friend violates the copyright act \"or other transfer\":

§ 106. Exclusive rights in copyrighted works36
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

§ 107. Limitations on exclusive rights: Fair use38
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.


FAIR USE IS PERMITTED ONLY if they cite the author and source of the content as they would material from any printed work.

would this not be the case ?

Also remember this-

Memory Trick to remember the Fair Use Factors: PNAM

Purpose

Nature

Amount

Market

 

[rdale]

"would this not be the case ?"

No. The previous poster talked about recording copyrighted material and giving it away to friends, thinking it was okay if he didn't charge. That is not the case.

- Rob

 

[Robbie Cox]

My point was to your comment "but distributing anything that says "copyright" on it is illegal".

which it is not as difined by law.

As for "recording copyrighted material and giving it away to friends, thinking it was okay if he didn't charge"
This has not been brought before the courts and found illegal as of yet. Yes the RIAA has filed lawsuit's on the matter. their scar tactic's against children and our elderly have prevented it from reaching the courtrooms of america.

Also The Audio Home Recording Act of 1992 is meant to suport the downloading of music.
In 1992, Congress passed the Audio Home Recording Act ("AHRA"), an amendment to the federal copyright law. Under the AHRA, all digital recording devices must incorporate a Serial Copy Management System ("SCMS"). This system allows digital recorders to make a first-generation copy of a digitally recorded work, but does not allow a second-generation copy to be made from the first copy (users may still make as many first-generation copies as they want).
The AHRA also provides for a royalty tax of up to $8 per new digital recording machine and 3 percent of the price of all digital audiotapes or discs. This tax is paid by the manufacturers of digital media devices and distributed to the copyright owners whose music is presumably being copied. In consideration of this tax, copyright owners agree to forever waive the right to claim copyright infringement against consumers using audio recording devices in their homes. This is commensurate with the fair use exception to copyright law, which allows consumers to make copies of copyrighted music for non-commercial purposes. The SCMS and royalty requirements apply only to digital audio recording devices. Because computers are not digital audio recording devices, they are not required to comply with Serial Copy Management System requirement.

The law does have one benefit to the consumer. It explicitly makes it legal (or more precisely, non-actionable) for you to copy audio works for your own use ( section 1008). That's right, it is now perfectly legitimate for you to borrow the latest Madonna album from a friend and make yourself a copy, despite the copyright. Pretty neat, huh?

SUBCHAPTER D. PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS, REMEDIES, AND ARBITRATION

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.

if would like we can carry this topic on another post.