:Pįebru 6:49am ksmith says:I would like to second the recommendation of Jessica Littman's excellent article referred to by COvalle. I can't find the articles at the moment, but I'll go back and look when I have time. There was some debate about this in an RIAA case last year. On another note, the presence of unauthorized copyrighted material does not necessarily imply infringement (when you're talking about "retaining" material).
#Password protect nicecast stream license
I do agree that a license for downloaded songs would probably expressly forbid that type of copying. There's all kinds of room for debate, naturally. It's not.īecause it's generally a personal use that doesn't impact the market much, even in aggregate, I think that the use is fair. The mistake in many reports is equating a copy with a lost sale. I don't see this having a harmful effect on the market. This is distinct from peer-to-peer music sharing in scale (distribution to the public) and from cases such as Grokster, where the court determined that the uses were commercial.ģ) Amount - Depends, but usually against.Ĥ) Effect on the Market - Kind of a wash. If you're looking a fair use argument, here's a quick one.ġ) Purpose - A personal use, for. Jessica Litman has a really interesting paper on the subject at called "Lawful Personal Use." Anyway, personal uses haven't been illegal, and fair use is generally an ineffective way of looking at them. I'll see if I can dig that reference up one of these days. I recall at least one member of Congress expressing skepticism as to the implication that the law they passed would restrict this type of use. Section 1008 also prohibits lawsuits for noncommercial copies that use an analog or digital copying device (which does not include a computer, by the way). Part of this action (giving the copy to a friend or family member) does not meet that criteria. Copyright restricts distribution of copies to the public. Historically copyright has not restricted personal uses, which I believe this act is. We have the copying act and the distribution act, and all the copyrights associated with music. They're two different acts, and that makes a difference.Īctually, there are a lot of acts and copyrights affected here. Copying a CD for a family member or friend is not the same as checking a CD out from a library and copying it. Febru 9:18am COvalle says:I have a few reasons for this belief.įirst, I'm going to distinguish this action from the above analogy.
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