"Carl Valle" wrote in
:


"Arny Krueger" wrote in message
...
"Carl Valle" wrote in message
m

I do know what I am talking about. Please quote the copyright law
that allows making computer copies of copyright protected materials.
Or cite the precedent you seem to think allows such activity.

That would be a negative hypothesis, that there is no law against using
a
PC
to make backup copies of CDs you own, for your own use.

Carl, you've made the claim that is illegal. That means that there is a
published law someplace that prohibits this. That's a positive
hypothesis.
I
leave it to you to prove your own positive hypothesis with actual
quotes from specific laws.


Okay
for starters here is the piece of the original CFR


Copyright Law of the United States of America
and Related Laws Contained in Title 17 of the United States Code

§ 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;

(4) in the case of literary, musical, dramatic, and choreographic works,
pantomimes, and motion pictures and other audiovisual works, to perform
the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works,
pantomimes, and pictorial, graphic, or sculptural works, including the
individual images of a motion picture or other audiovisual work, to
display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work
publicly by means of a digital audio transmission.





The key words are "subject to sections 107-122" (which cover fair uses and
other permissible copying WITHOUT the authors prior consent or permission.
See
http://www.copyright.gov/title17/circ92.pdf
(Complete version of the U.S. Copyright Law)

The statute itself is merely a difficultly worded jumping off point for
discussion. You'd need to review the relevant case law as well to flesh it
out. It is a far broader and deeper issue that has been addressed here,
and does not lend itself easily to simplistic formulaic analyses.

Section 114 relates to the scope of exclusive rights in sound recordings.


http://www.copyright.gov/circs/circ21.pdf
Offers guidelines for educators and librarians as to reproductions.

I don't believe that the law is settled. I think the cases are viewed on
a case-by-case basis, applying the 4 -pronged test stated in the Copyright
Law (in Section 107):

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

2. the nature of the copyrighted work;

3. 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 RIAA posits that any copying, without permission, is an
infringement...even if it's to make a compilation cd of songs you already
own for personal use in your car. The Court's have not gone this far, yet.

Then there's the issue of "for archival purposes" even if you're not a
library or school.

I love academic discussions of the law.

BTW, does anyone know how many audio CD recorder were sold last year?

--
Now Go Play!

Craig Ramseur