[musictlk] Copyright Debate
brother Timothy Clark
theblindguitarist1992 at gmail.com
Wed Dec 24 04:46:33 UTC 2014
everyone owns the rights to their own work under digital copyright law.
even if someone took another individuals music and burned it onto a cd for a friend, the writer of the work, still owns the rights to the material.
should you wish to get into copyrighting your music yet you don’t have the money, i hear that http://www.myfreecopyright.com is good.
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 23:39, Kaiti Shelton via musictlk <musictlk at nfbnet.org> wrote:
> All,
>
> I have changed the subject line to follow prompting from Linda.
>
> I have to agree with Marian. It is true that it is easy to burn CDs,
> and it is also true that burning them for personal use is legal. The
> RIAA document states that. What is illegal, and stated as such in the
> RIAA document, is giving the CD away to someone else. That is what
> Kelsey was intending to do with the CD, and that is not legal.
>
> Whether you think these are scare tactics or not, that it's not as big
> of a deal as it once was or not, the point is that people can and do
> get sued for this stuff. Marian's post gave a real-life example, and
> from being in Music Therapy I know that there is a lot of copyright
> stuff that goes into what professional musicians, even if they don't
> perform , do. As a songwriter as well, I wouldn't necessarily want
> people taking my stuff for free. This isn't because I wouldn't want
> people to hear and enjoy it, but I do think that if someone puts time
> and effort into composing something and puts it together, they should
> retain the rights and ownership of that piece of work.
>
> On a side note, I agree about getting deals on guitars for
> self-recording. I bjust got a really nice Yamaha L Series acoustic
> electric, and it was on sale for about $500 from Guitar Center. I
> love it. On the other hand though, no matter wwhat you spend on a
> home studio, you should be able to retain the rights to your own work.
> On 12/23/14, Jordan Gallacher via musictlk <musictlk at nfbnet.org> wrote:
>> Definitley not the terrible thing some want to make or want you to believe.
>> I may sound like a broken record here, but for personal use, doing so is
>> fine. It is when you use it for commercial purposes that problems may
>> occur.
>> Jordan
>>
>> -----Original Message-----
>> From: musictlk [mailto:musictlk-bounces at nfbnet.org] On Behalf Of Lauren
>> Merryfield via musictlk
>> Sent: Tuesday, December 23, 2014 9:02 PM
>> To: 'brother Timothy Clark'; 'Music Talk Mailing List'
>> Subject: Re: [musictlk] question about itunes
>>
>> Hi,
>> People burn cds all the time now, in our current culture. I don't think it
>> is the terrible thing it used to be.
>> Thanks
>> Lauren
>>
>> Blessings to you in the name of Jesus Christ “Trust in the Lord with all
>> thine heart; and lean not into thine own understanding. In all thy ways
>> acknowledge Him, and He shall direct thy paths.” Proverbs #3#5-6 My book is
>> now available in audiobook format:
>> www.TheresMoreThanOneWay.com
>> Visit my new website at
>> www.mythirtyone.com/604934
>>
>>
>> -----Original Message-----
>> From: musictlk [mailto:musictlk-bounces at nfbnet.org] On Behalf Of brother
>> Timothy Clark via musictlk
>> Sent: Tuesday, December 23, 2014 5:48 PM
>> To: Marion Gwizdala
>> Cc: Music Talk Mailing List
>> Subject: Re: [musictlk] question about itunes
>>
>> 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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>>>>>
>>>>>
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>>>>
>>>>
>>>> --
>>>> Kaiti
>>>>
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>
>
> --
> Kaiti
>
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