ScriptUO
General => Off Topic => Topic started by: UOMaddog on January 21, 2010, 01:33:49 PM
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Ok, so I'm going to start with a scenario and we will let the discussion flow from there!
Let's start with some naming conventions: (for fun)
Artist/Band: The SUO Scripters
Recording Studio: Can You Hear Me Now Studio
Producers: Howe, Muchwe, & Make
Radio Station: WSUX
So, the SUO Scripters record a song titled "We Make the Scripting World Go Round" at Can You Hear Me Now Studios. Howe, Muchwe, & Make produces the album and it is later played on the WSUX radio station which is an over-the-air free public broadcasting station.
Now I'm sitting at home listening to WSUX while training Ninjitsu (perhaps). I hear this awesome song called "We Make the Scripting World Go Round"! I run over to my tape deck and the next time I hear the song on the radio, I record it so I can listen to it whenever I want!!
So, my question is, did I do something illegal by recording it off the radio? Let's hear what people have to say!! Then we will step this conversation up to the next level!
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Recording off the radio is 100% legal according to The Audio Home Recording Act of 1992. You can use it for personal use only. You may not sell it or make a copy to give to a friend. However, a couple years ago a judge ruled that satellite radio was not covered in the same law.
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I belives blank media tapes and cds (but not computer Cds see wikki for distintion) actually have a fee that is collected to compensate artists for home recording... This fee exists in many contries... considering the fee is collected it would be hypocritical to stop you recording live broadcaste
http://en.wikipedia.org/wiki/Private_copying_levy
From wikki above... for US
Audio Home Recording Act of 1992, says that non-commercial copying by consumers of digital and analog musical recordings is not copyright infringement
I believe Canada or some other country at one time was considering adding a levy to all internet accounts for to legalize all personal use coping of anything. Dont think it actually happened thow.
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Ok, so we've established that it's legal for me to record off the radio for personal use.
If a friend comes over, can I play the song back for him?
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Touche I see where this is coming from nice :). I cant answer the question but I can comment on it :)
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I believe it is still called "personal use" if you play it for your friend, or even for a group of friends. I think where it would come illegale is if you distributed copies to friends, or charged ppl to listen to it.
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So we agree that if a group of friends comes over, I can play it for them as "personal use".
Follow up questions:
#1. What if I'm speaking with them over the phone? Can I hold my phone up to the speaker and play it for them?
#2. Can I tell my friends that they can come over to my house anytime they want and listen to my copy?
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So we agree that if a group of friends comes over, I can play it for them as "personal use".
Follow up questions:
#1. What if I'm speaking with them over the phone? Can I hold my phone up to the speaker and play it for them?
#2. Can I tell my friends that they can come over to my house anytime they want and listen to my copy?
And why is it illegal to show your friends a movie but legal to allow them to listen to your song? :)
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So we agree that if a group of friends comes over, I can play it for them as "personal use".
Follow up questions:
#1. What if I'm speaking with them over the phone? Can I hold my phone up to the speaker and play it for them?
#2. Can I tell my friends that they can come over to my house anytime they want and listen to my copy?
And why is it illegal to show your friends a movie but legal to allow them to listen to your song? :)
Ehhh whos says its illeagle to have some friends over to watch a movie If thats the case well im sure that law is ignored 100%
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I do not think you can tell them to listen to your copy any time. they must have their own copy
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I do not think you can tell them to listen to your copy any time. they must have their own copy
Aha! Now what if I play my recording and he sits there with his tape recorder and records it for his own personal use?!
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Then his copy will more then likely suck! A copy of a copy via tape recording...yuck!
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Does this have anything to do with porn......
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I do not think you can tell them to listen to your copy any time. they must have their own copy
Aha! Now what if I play my recording and he sits there with his tape recorder and records it for his own personal use?!
The problem is the artist of the song is not getting paid for his "pirated" version of the song. It would not be personal use anymore, because you are distributing it
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Been a while since copywrite law, but the answer lies in the fee on the blank disk. This is what makes it legal to do audio recordings. I don't think there is currently a fee for movies. As for the disk to disk copying, it is technicaly illegal, however the act of friend to friend distribution has never been able to be proved or prosecuted to the best of my limited knowledge.
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I agree, proving it is nearly impossible. However, it is still illegal
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well interestingly it might even be legal (not giving legal advive just suppising) for example a picture can be copywrited and a picture of that picture would have a totally different copywrite because it then becomes a new object. this is why you see certain videos that are on youtube are actually videotaping a tv. The main reason that it wasn't that big a stink back in the tape days was because of generational degredation (every succesive generation sucked worse). However nowdays with digital, ie. exact copies (not really because of digital quantization of an anolog source, but i digress) it became a source of worry to the bean counters. sorry rambling
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yes, but the videos of videos are still the original work, which was not paid for
that's like videotaping in the movie theater. it's still pirated, because you didn't pay the original maker/artist/whatever for the copy
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once again NOT LEGAL ADVICE
technically a video of a video is legal
where they get them is it is illegal to bring a camera into the theatre to produce the video
and distribution for profit is still illegal
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copying a whole movie/video is not ok
distribution for non-profit is not ok, hence Napster
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actually you are entitled to make copies of movies
off of tv for example (long setteled law from vhs days)
you are also allowed to make backup copies of your stuff
the illegalities lie in the distribution
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Thanks ok. I disagree. I believe you can make a copy for yourself, but whatever
back to the original question,
a friend copying your copy for himself is not ok, because you are distributing it. is that easily proved, nope.
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Thanks ok. I disagree. I believe you can make a copy for yourself, but whatever
back to the original question,
a friend copying your copy for himself is not ok, because you are distributing it. is that easily proved, nope.
Disagree..
you say you are distributing .. the the question stated "if i play on my machine and a friend copy on thier own machine" im not distributing im playing.. i maybe be facilitating distribution or i maybe just be listening to music.. but im defaintely not distributing. IT will also be a junk copy and thus is a mute point.
aditional side note
Now if i use a tape to tape machine and make a copy of my copy and hand my friend the tape i may be ditributing but its not for profit or on a large scale, its a "mix tape"... a common society accepted practice. The cost of my pirated copy is already covered in the fee i paid when i purchased my blank tapes... and thus may be considered unethitical by some but is not illeagle. Now the artist may never see a penny of the fee i paid on my blank media in which case he needs to address the recording industry for not ditributing him/her a share.
The whole problem comes when you talk about didgital copies veses physical copies. If i make a mix collection of digital media ..and pass to my friends .. not only will they be perfect copies, I will not have paid a blank media fee and i can also do it extremelt easily and thus will transfer a much larger quantity of music than i ever would have via physical meida .. where each and every recording took alot of time.
The solution is simple and widley known... people only pirate things when the price does not refect the percieved value. People would willing pay $2 a month for an all you can eat music subscription. The recording industry knows this but thats a vast reduction in profits .. so they will fight to milk the fat cow as long as they can. And at the end of the day that is all this is about. The right to charge extreme prices and to create a shortage where non should exist.
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America has gone crazy with copyright laws. Some torrent sites do not allow Americans to visit. About a year ago I received a letter from my ISP in the mail. It was a warning to stop illegal downloading, or they would terminate my account.
On the flip side, downloading (whether legal or illegal) has gotten so bad that 3 music stores shut down where I live. If you needed a physical copy of an unedited cd you would have to drive 1 hour to get it, or order it online.
Now...back to my ipod :D