Other web Sites
Harmonica Blues  Harmonica Amps
Harmonica Links Harmonica Pages
• Archives Home
• Years
 · 1992
 · 1993
 · 1994
 · 1995
 · 1996
 · 1997 		 · 1998
 · 1999
 · 2000
 · 2001
 · 2002
 · 2003
 
Web HarpL
Ebay Searches:
Amps:
Microphones:
Effects:
Harmonicas and Gear:
Harmonica Music and Instruction:

 

 

Harp-L Archives

[Previous Message] [Next Message]
[Previous in Thread] [Next in Thread]
[Start of Thread] [End of Thread]

Date: Sat, 16 Mar 2002 03:49:04 -0500
From: Glenn Weiser
Subject: Re: Copyright and Fair Use - Checked the law

> -----------------------------
>
> Date: Fri, 15 Mar 2002 15:21:13 -0800 (PST)
> From: Winslow Yerxa
> Subject: Copyright and Fair Use - Checked the law
>
> Glenn Weiser states
>
> >Individual copying of recordings as a gift is 100%
> >legal under fair use copyright law. Go read the law.
>
> I just did that, and what you're saying is has no
> basis.
>
> I went to the U.S. Copyright office website and read
> the pdf copy of the Copyright Law of the United States
> of America and Related Laws Contained in Title 17 of
> the United States Code. This contains all amendments
> of the Copyright Act of 1976, up to October 27, 2000.
> This document is located at
>
> http://www.loc.gov/copyright/title17/circ92.pdf
>
> I did some word searches to see if I could find
> anything making gift copies acceptable.
>
> The only mention of the word "gift" occurs on page 119
> in relation to donating copies of works to the Library
> of Congress.
>
> Searching on "fair use" shows that it falls under
> "Limitations on Exclusive Rights" (sections 107
> through 122). Fair use is delimited in Section 107 and
> the main thrust is stated thus:
>
> >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.
>
> No mention is made of giving copies to others, except
> by implication as regards classroom use, and even this
> could be argued to end at the classroom door.
>
> The remainder of the "Limitations on Exclusive Rights"
> section deals with libraries, broadcasts, satellite
> transmissions, etc. Section 109, which affirms your
> right to sell your used copy of a work, seems to be
> the only one other than the fair use provision to deal
> with rights on the consumer level.
>
> Now, I'm being told offlist that some court decisions
> have favored the right to make gift copies, but this
> does not appear to be reflected in the copyright law
> itself. I'd like to get some citations on these
> decisions, as I still find it incredible.
>
> Winslow
>

Winslow-

You read the statute only, which is then interpreted in case law. For
example, Napster based it's legal defense of it file sharing software on
extant case law (and no, I'm not a lawyer so I don't know the who. vs. who
name of the case,
but every news story at the time reported this fact) which says that
individual copying of recordings as gifts is legal. They said that their
service was only an extension of an already legal practice. The recording
industry, though,
said B.S., you're hurting the artists becuase this is a mass copying rather
than an individual one. When one can prove damamges one has standing to sue,
and record sales were provably down enough to give the industry standing.
Napster
then lost because their argument was too much of a stretch in the eyes of
the court. I agreed with the court myself-Napster was committing piracy IMO.
But individual copying of tapes is in fact legal.

Glenn Weiser
http://www.celticguitarmusic.com/harppage.htm