[musictlk] question about itunes

Kaiti Shelton crazy4clarinet104 at gmail.com
Tue Dec 23 16:58:26 UTC 2014


Just to clear up any confusion, I've copied this from the RIAA's web site.

The Law


Unauthorized Copying is Against the Law

Copyright law protects the value of creative work. When you make
unauthorized copies of someone’s creative work, you are taking
something of value from the owner without his or her permission.  Most
likely, you’ve seen the FBI warning about unauthorized copying at the
beginning of a movie DVD.  Though you may not find these messages on
all compact discs or music you’ve downloaded from the Internet, the
same laws apply.  Federal law provides severe civil and criminal
penalties for the unauthorized reproduction, distribution, rental or
digital transmission of copyrighted sound recordings. (Title 17,
United States Code, Sections 501 and 506).

What the Law Says and What it Means

Making unauthorized copies of copyrighted music recordings is against
the law and may subject you to civil and criminal liability.  A civil
law suit could hold you responsible for thousands of dollars in
damages. Criminal charges may leave you with a felony record,
accompanied by up to five years of jail time and fines up to $250,000.
You may find this surprising. After all, compact discs may be easily
be copied multiple times with inexpensive CD-R burning technology.
Further, when you’re on the Internet, digital information can seem to
be as free as air.  U.S. copyright law does in fact provide full
protection of sound recordings, whether they exist in the form of
physical CD’s or digital files.  Regardless of the format at issue,
the same basic principle applies:  music sound recordings may not be
copied or distributed without the permission of the owner.

What the Courts Have to Say

A long series of court rulings has made it very clear that uploading
and downloading copyrighted music without permission on P2P networks
constitutes infringement and could be a crime.

Common Examples of Online Copyright Infringement:
◦You make an MP3 copy of a song because the CD you bought expressly
permits you to do so. But then you put your MP3 copy on the Internet,
using a file-sharing network, so that millions of other people can
download it.
◦Even if you don’t illegally offer recordings to others, you join a
file-sharing network and download unauthorized copies of all the
copyrighted music you want for free from the computers of other
network members.
◦In order to gain access to copyrighted music on the computers of
other network members, you pay a fee to join a file-sharing network
that isn’t authorized to distribute or make copies of copyrighted
music. Then you download unauthorized copies of all the music you
want.
◦You transfer copyrighted music using an instant messenging service.
◦You have a computer with a CD burner, which you use to burn copies of
music you have downloaded onto writable CDs for all of your friends.
◦Somebody you don’t even know e-mails you a copy of a copyrighted song
and then you turn around and e-mail copies to all of your friends.

Do The Crime, Do The Time
If you do not have legal permission, and you go ahead and copy or
distribute copyrighted music anyway, you can be prosecuted in criminal
court and/or sued for damages in civil court.
◦Criminal penalties for first-time offenders can be as high as five
years in prison and $250,000 in fines.
◦Civil penalties can run into many thousands of dollars in damages and
legal fees. The minimum penalty is $750 per song.

The "No Electronic Theft Law" (NET Act) is similar on copyright
violations that involve digital recordings:
◦Criminal penalties can run up to five years in prison and/or $250,000
in fines, even if you didn’t do it for monetary or financial or
commercial gain.
◦If you did expect something in return, even if it just involves
swapping your files for someone else’s, as in MP3 trading, you can be
sentenced to as much as five years in prison.
◦Regardless of whether you expected to profit, you’re still liable in
civil court for damages and lost profits of the copyright holder.
◦Or the copyright holders can sue you for up to $150,000 in statutory
damages for each of their copyrighted works that you illegally copy or
distribute.

If you make digital copies of copyrighted music on your computer
available to anyone through the Internet without the permission of the
copyright holder, you’re stealing. And if you allow a P2P file-sharing
network to use part of your computer’s hard drive to store copyrighted
recordings that anyone can access and download, you’re on the wrong
side of the law.

Having the hardware to make unauthorized music recordings doesn’t give
you the right to steal. Music has value for the artist and for
everyone who works in the industry.

 What the Courts Have to Say About Illegal Uploading and Downloading…
…and Copyrighted Sound Recordings:

"As stated by Record Company Plaintiffs in their brief, "Aimster
predicates its entire service upon furnishing a 'road map' for users
to find, copy, and distribute copyrighted music." …We agree.
Defendants [Aimster] manage to do everything but actually steal the
music off the store shelf and hand it to Aimster's users."
Aimster Copyright Litigation. 01-C-8933, MDL # 1425 (Memorandum
Opinion and Order, September 4, 2002).

"…they [Aimster] apparently believe that the ongoing, massive, and
unauthorized distribution and copying of Record Company Plaintiffs'
copyrighted works by Aimster's end users somehow constitutes "personal
use.’ This contention is specious and unsupported by the very case on
which Defendants rely."
Aimster Copyright Litigation. 01-C-8933, MDL # 1425 (Memorandum
Opinion and Order, September 4, 2002).

"Napster users infringe at least two of the copyright holders’
exclusive rights . . . .Napster users who upload file names to the
search index for others to copy violate plaintiffs’ distribution
rights. Napster users who download files containing copyrighted music
violate plaintiffs’ reproduction rights….[V]irtually all Napster users
engage in the unauthorized downloading or uploading of copyrighted
music . . ."
A & M Records v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001).

"Although defendant [MP3.com] seeks to portray its service as the
‘functional equivalent’ of storing its subscribers’ CDs, in actuality
defendant is re-playing for the subscribers converted versions of the
recording it copied, without authorization, from plaintiffs’
copyrighted CDs. On its face, this makes out a presumptive case of
infringement under the Copyright Act . . . ."
UMG Recordings, Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349 (S.D.N.Y. 2000).

…and Copyrighted Images:
"Distributing unlawful copies of a copyrighted work violates the
copyright owner’s distribution right and, as a result, constitutes
copyright infringement. . . . . [Unlawful distribution occurs where]
[f]iles of [copyrighted] information are stored in the central system,
and subscribers may either ‘download’ information into
their[computers] or ‘upload’ information from their home units into
the central files . . . ."
Playboy Enterprises v. Russ Hardenburgh, Inc., 982 F. Supp. 503 (N.D.
Ohio 1997).

"[The Copyright Act] provides that an owner of a copyrighted work has
the exclusive right to reproduce the work in copies . . . [and] to
distribute copies of the work to the public . . . . [A]nyone who
violates any of the exclusive rights of the copyright owner … is an
infringer of the copyright."
Playboy Enterprises v. Webbworld Inc., 991 F. Supp. 543 (N.D. Tex. 1997).

…and Copyrighted Software:
"Uploading is copying. Downloading is also copying. Unauthorized
copying is an unauthorized use that is governed by the copyright laws.
Therefore, unauthorized uploading and unauthorized downloading are
unauthorized uses governed by the copyright laws . . . ."
Ohio v. Perry, 83 Ohio St. 3d 41, 697 N.E.2d 624 (Ohio 1998).

"The unauthorized copying of copyrighted computer programs is . . . an
infringement of the copyright . . . . [U]nauthorized copies . . . are
made when such games are uploaded to the BBS [Bulletin Board Service]
. . . [and] when they are downloaded to make additional copies by
users . . . ."
Sega Enterprises v. MAPHIA, 857 F. Supp. 679 (N.D. Cal. 1994).

"‘[C]opying,’ for the purposes of copyright law, occurs when a
computer program is transferred from a permanent storage device to a
computer's random access memory. In this case, copies were made when
the Sega game files were uploaded to or downloaded from [the
defendant’s] BBS [Bulletin Board Service]."
Sega Enterprises. v. Sabella, 1996 U.S. Dist. LEXIS 20470 (N.D. Cal. 1996).

…and Copyrighted Text:
"Defendant Free Republic is a ‘bulletin board’ website whose members
use the site to post news articles to which they add remarks or
commentary . . . . The Plaintiffs' [Los Angeles Times and Washington
Post] complaint alleges that unauthorized copying and posting of the
articles on the Free Republic site constitutes copyright infringement
. . . . [P]laintiffs' motion for summary adjudication with respect to
fair use is granted . . . ."
L.A. Times v. Free Republic, 2000 U.S. Dist. LEXIS 5669 (C.D. Cal. 2000).

"When a person browses a website, and by so doing displays the
[copyrighted] Handbook, a copy of the Handbook is made in the
computer's random access memory (RAM), to permit viewing of the
material. And in making a copy, even a temporary one, the person who
browsed infringes the copyright. Additionally, a person making a
printout or re-posting a copy of the Handbook on another website would
infringe plaintiff's copyright."
Intellectual Reserve, Inc. v. Utah Lighthouse Ministry, Inc., 75 F.
Supp. 2d 1290 (D. Utah 1999).

 When It Comes to Copying Music, What’s Okay … And What’s Not:

Technology has made digital copying easier than ever. But just because
advances in technology make it possible to copy music doesn’t mean
it’s legal to do so. Here are tips on how to enjoy the music while
respecting rights of others in the digital world. Stick with these,
and you’ll be doing right by the people who created the music.

Internet Copying
◦It’s okay to download music from sites authorized by the owners of
the copyrighted music, whether or not such sites charge a fee.
◦Visit our list of Legal Music Sites or Music United for a list of a
number legal and safe sites where permission is granted and content is
available for downloading.
◦It’s never okay to download unauthorized music from pirate sites (web
or FTP) or peer-to-peer systems. Examples of peer-to-peer systems
making unauthorized music available for download include: Ares,
BitTorrent, Gnutella, Limewire, and Morpheus.
◦It’s never okay to make unauthorized copies of music available to
others (that is, uploading music) on peer-to-peer systems.

Copying CDs
◦It’s okay to copy music onto an analog cassette, but not for
commercial purposes.
◦It’s also okay to copy music onto special Audio CD-R’s, mini-discs,
and digital tapes (because royalties have been paid on them) – but,
again, not for commercial purposes.
◦Beyond that, there’s no legal "right" to copy the copyrighted music
on a CD onto a CD-R. However, burning a copy of CD onto a CD-R, or
transferring a copy onto your computer hard drive or your portable
music player, won’t usually raise concerns so long as:
◦The copy is made from an authorized original CD that you legitimately own
◦The copy is just for your personal use. It’s not a personal use – in
fact, it’s illegal – to give away the copy or lend it to others for
copying.

◦The owners of copyrighted music have the right to use protection
technology to allow or prevent copying.
◦Remember, it’s never okay to sell or make commercial use of a copy
that you make.

Are there occasionally exceptions to these rules? Sure. A "garage" or
unsigned band might want you to download its own music; but, bands
that own their own music are free to make it available legally by
licensing it. And, remember that there are lots of authorized sites
where music can be downloaded for free. Better to be safe than sorry –
don’t assume that downloading or burning is legal just because
technology makes it possible.

Enjoy the music. By doing the right thing, you’ll be doing your part
to make sure that the music keeps coming.

* This site is intended to educate consumers about the issues
associated with the downloading, uploading and consumer copying of
music. It is not intended to offer legal advice or be a comprehensive
guide to copyright law and the commercial uses of music.


http://www.riaa.com/physicalpiracy.php?content_selector=piracy_online_the_law

On 12/23/14, Amy Billman via musictlk <musictlk at nfbnet.org> wrote:
> I too agree with Dave. Besides, he is the list owner and can choose what
> topics are ok to discuss...
> How you're going to use it is irrellevant. What your cousin is going to do
> with it is as well, irrelevant.
> Point being, he rightfully slapped your hand and you're continuing to
> clutter an already high traffic list with something that's not quite on
> topic.
> Burn the cD if you choose; that one's on you, but up to you to research and
> figure out how; for a change, especially if you're not getting your desired
> answers from the list members.
>
>
> -----Original Message-----
> From: musictlk [mailto:musictlk-bounces at nfbnet.org] On Behalf Of Jordan
> Gallacher via musictlk
> Sent: Monday, December 22, 2014 4:35 PM
> To: 'Linda Mentink'; 'Music Talk Mailing List'
> Subject: Re: [musictlk] question about itunes
>
> Na.  Burn it to a blank cd if that is what you want to do.  Since it is not
> for commercial use, no problem with doing that.
> Jordan
>
> -----Original Message-----
> From: musictlk [mailto:musictlk-bounces at nfbnet.org] On Behalf Of Linda
> Mentink via musictlk
> Sent: Monday, December 22, 2014 3:55 PM
> To: Kelsey Nicolay; Music Talk Mailing List
> Subject: Re: [musictlk] question about itunes
>
> Kelsey,
>
> I agree with Dave on this one. Your cousin should buy the CD.
>
> Blessings,
>
> Linda
>
> At 06:31 PM 12/21/2014, you wrote:
>>Hello,
>>I know this isn't exactly related to being a musician, but maybe
>>someone on this list can help.  I recently purchased a CD that I
>>imported into itunes.  My cousin wants me to burn her a copy, but I'm
>>not experienced with this at all.  I use itunes 11 with JAWS 16 without
>>any scripts.  Is it possible for me to use itunes to accomplish this
>>since windows media player and itunes do not work together very well.
>>Could someone explain how to burn a cd in itunes using jaws? I know I
>>probably have to somehow select the tracks I want, but beyond that, I
>>have no idea what to do.  My dad said he'd help me, but he's super busy
>>with work.  So if someone could please explain it including the JAWS
>>commands I need to use.  Or can this not be done using JAWS and
>>therefore I would need sighted help?
>>Thank you,
>>Kelsey Nicolay
>>P.S.  I'm using itunes on a pc running windows 7 professional.
>
>
>
>
>
> _______________________________________________
> musictlk mailing list
> musictlk at nfbnet.org
> http://nfbnet.org/mailman/listinfo/musictlk_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> musictlk:
> http://nfbnet.org/mailman/options/musictlk_nfbnet.org/jordanandseptember%40g
> mail.com
>
>
> _______________________________________________
> musictlk mailing list
> musictlk at nfbnet.org
> http://nfbnet.org/mailman/listinfo/musictlk_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> musictlk:
> http://nfbnet.org/mailman/options/musictlk_nfbnet.org/amy0223%40gmail.com
>
>
> __________ Information from ESET Smart Security, version of virus signature
> database 10919 (20141223) __________
>
> The message was checked by ESET Smart Security.
>
> http://www.eset.com
>
>
>
> __________ Information from ESET Smart Security, version of virus signature
> database 10919 (20141223) __________
>
> The message was checked by ESET Smart Security.
>
> http://www.eset.com
>
>
>
> _______________________________________________
> musictlk mailing list
> musictlk at nfbnet.org
> http://nfbnet.org/mailman/listinfo/musictlk_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> musictlk:
> http://nfbnet.org/mailman/options/musictlk_nfbnet.org/crazy4clarinet104%40gmail.com
>


-- 
Kaiti




More information about the MusicTlk mailing list