[musictlk] question about itunes

[David Andrews]

As the list owner I am telling you that we can 
not, and will not be put in the position of 
promoting illegal activities. Whether or not you agree, the law is the law.

David Andrews, List Owner

  At 01:40 PM 12/23/2014, you wrote:
>oh good grief. the usual scare tactics from the 
>RIAA. Brother Timothy Clark   feel free to check 
>out the world of KC3CDU 
>at         http://www.kc3cdu.blogspot.com 
>  please check out my ministries page 
>at 
>http://www.timothyclarkministries.blogspot.com 
>On Tevet 1, 5775 AM, at 11:58, Kaiti Shelton via 
>musictlk <musictlk at nfbnet.org> wrote: > 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: > â—¦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. > â—¦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. > â—¦You transfer 
>copyrighted music using an instant messenging 
>service. > â—¦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. > â—¦Criminal penalties for 
>first-time offenders can be as high as five > 
>years in prison and $250,000 in fines. > 
>â—¦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: > â—¦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. > â—¦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. > 
>â—¦Regardless of whether you expected to profit, 
>you’re still liable in > civil court for 
>damages and lost profits of the copyright 
>holder. > â—¦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 
>Copyrighighted 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 thatt 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 > engagge 
>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 
>copiees 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 oof the copyright." > Playboy 
>Enterprises v. Webbworld Inc., 991 F. Supp. 543 
>(N.D. Tex. 1997). > > 
and Copyrighhted 
>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 Copyrighhted 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 ccopying 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. > 
>â—¦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, > aggain, 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: > â—¦The copy 
>is made from an authorized original CD that you 
>legitimately own > â—¦The copy is just for your 
>personal use. It’s not a personal use ­ in > 
>fact, it’s illegal ­ to give away the copy oy 
>or lend it to others for > copying. > > â—¦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 downloaading 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. >> >> >> >> >>