MnGCA

King Boreas · Posted: Wed Mar 30, 2005 6:08 am Post subject: "Copied" CD music

Anyone know the laws on sharing music? Can I leave "evaluation" copies (songs I burned on CD) in a cache?

As a variation of my Hot Wax series, I'd like to share some of the 1960's Psychedelia tunes with you young'uns. I'm having major flashbacks playing this stuff, feelin' groovy, may even grow out my hair.

miles58 · Geocacher Joined: 07 Mar 2005 Posts: 196

Fair use law allows you to copy music and share it as long as there is no money involved and within limits. So long as you don't make hundreds of them you are OK.

Copyrighted software is a little different because it's a licensed item.

Marsha and Silent Bob · Past MnGCA President Joined: 02 Sep 2003 Posts: 6261

You cannot burn copies of music and leave them in caches unless they are 30s clips (which is fair use) or they are able to be freely distibuted (like Grateful Dead, Phish, etc).
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Sad state of affairs.

sui generis · Posted: Wed Mar 30, 2005 7:01 am Post subject:

I disagree with Miles58's statement. (I don't know that it is incorrect per se, but I think there are other factors to be considered in making the determination than just profit motive) Please visit the following site for an article that discusses the factors considered in determining "fair use", as well as some guidelines for fair use that might be helpful.http://www.umuc.edu/library/copy.html
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I am amazed by how many people harp on the need to speak and write English in this country while exhibiting a fundamental lack of skills in the areas of spelling and sentence composition. Would this be irony, hypocrisy, or both?

King Boreas · Posted: Wed Mar 30, 2005 8:46 am Post subject:

http://homepages.tesco.net/~beautiful.day/images/instituciones.jpg

Sui Generis - Pequenas Anecdotas Sobre Las Instituciones

Kitch · Posted: Wed Mar 30, 2005 8:49 am Post subject:

Kitch · Posted: Wed Mar 30, 2005 8:49 am Post subject:

Talk about a new form of tape trading.

miles58 · Geocacher Joined: 07 Mar 2005 Posts: 196

For dropping a couple copies of albums into a cache to violate copyright it would need to fall into some plausible description of a form of distribution.

Absent a monetary exchange and absent the "distribution" of some substantial number there is no damage and in all probability there is some degree of benefit to the copyright holder, thus the decisions rendered so far regarding VCR's and person to person transfers of individual works.

Educational institutions in particular are a little more sensitive to this because the distribution is more often from a single person to many, perhaps thousands.

jaywc7 · Geocacher Joined: 13 Sep 2004 Posts: 360

I don't know anything about the laws, but I would simply suggest checking them before making any such moves. I know a few people who were sued due to music fraud. If you're doing it at home and indescretely, it's no big deal. If it is illegal, and you place it in a cache, you're just asking for trouble... Rolling Eyes

sui generis · Posted: Thu Mar 31, 2005 7:51 am Post subject:

I am not going to directly answer your question or give direct advice, as that could get me in trouble. Again, however, I disagree with the assessment made by miles58. Whether or not this falls under "Fair Use" will have to be your own call, because you will have to face any consequences that may arise, as remote a possiblility as that may be. Title 17 of the United states Code deals with copyright. Section 106 deals with the rights granted to an owner of a copyright. Section 107 covers fair use. After reading these, as well as the refrences to case law, I do not think this is something I would do myself. While any damages suffered by the owners of the copyright would probably be minimal, if they chose to enforce them, they could hammer you with attorney fees and costs of court as well. Also, if within a certain time period (I now forget how long) the amount of copies exceeds a retail value of $1000.00, you could face criminal charges as well.
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I am amazed by how many people harp on the need to speak and write English in this country while exhibiting a fundamental lack of skills in the areas of spelling and sentence composition. Would this be irony, hypocrisy, or both?

Marsha and Silent Bob · Past MnGCA President Joined: 02 Sep 2003 Posts: 6261

fsu*noles · Posted: Thu Mar 31, 2005 9:20 am Post subject: Re: re: CD copies

miles58 · Geocacher Joined: 07 Mar 2005 Posts: 196

Fair use allows you to make one (or more) copies for your own use.

You may take either the original or a copy and provide it to a third party to use, provided you are not "distributing" the material or doing so for profit.

If you sell even one copy, it's a violation. If you engage in "distribution", say
playing/showing the material for mass consumption you can get into questionable ground.

To cross the line would require a form of solicitation, and particularly with some profit involved.

Marsha and Silent Bob · Past MnGCA President Joined: 02 Sep 2003 Posts: 6261

If that were the case then the RIAA would have no grounds to bring people to civil court that were just making copies and distributing them to other people.

I'm sorry, fair use does not include making copies for distribution regardless if you are attempting to gain profit from them or not.
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Sad state of affairs.

jaywc7 · Geocacher Joined: 13 Sep 2004 Posts: 360