[musictlk] question about itunes
Marion Gwizdala
blind411 at verizon.net
Tue Dec 23 23:06:04 UTC 2014
Timothy,
I guess you could call it "scare tactics". Then, again, I guess you could call it good ethics and compliance with the law. Would you walk into a music store and steal the album? If not, what's the difference between that and stealing it digitally?
Marion Gwizdala
-----Original Message-----
From: musictlk [mailto:musictlk-bounces at nfbnet.org] On Behalf Of brother Timothy Clark via musictlk
Sent: Tuesday, December 23, 2014 2:41 PM
To: Kaiti Shelton; Music Talk Mailing List
Subject: Re: [musictlk] question about itunes
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:
> ◦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.
>>
>>
>>
>>
>>
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>
>
> --
> Kaiti
>
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