[musictlk] question about itunes

Wed Dec 24 01:48:23 UTC 2014

as a musician myself who is actively recording, i encourage people to download my music for free. it shouldn’t be all about the money.
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 18:06, Marion Gwizdala <blind411 at verizon.net> wrote:

> 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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