[musictlk] question about itunes

[Jordan Gallacher]

It is perfectly fine as long as it is for personal use.  Same with grabbing videos off of YouTube.
Jordan

-----Original Message-----
From: musictlk [mailto:musictlk-bounces at nfbnet.org] On Behalf Of David Andrews via musictlk
Sent: Tuesday, December 23, 2014 4:23 PM
To: brother Timothy Clark; Music Talk Mailing List
Subject: Re: [musictlk] question about itunes

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 > ◦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_t
>he_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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