Re: [ARSCLIST] Memorex CDs and more!

[steven c <stevenc@xxxxxxxxxxxxxx>]

----- Original Message ----- 
From: "Lou Judson" <loujudson@xxxxxxx>
> Mike, is fair use excepted? In the case of a purchased library of 
> commercial recordings?
> On Jan 13, 2006, at 3:49 PM, Mike Richter wrote:
> > Perhaps I am in error, but as I read copyright law an individual has 
> > no right to make such a copy of an audio recording fixed after 1923 
> > (and, perhaps, without that limitation). Regardless of your intent, 
> > without respect for its availability, and independent of its fragility 
> > in its present form, if you are not holder of rights in the record, 
> > you have no right to make a backup.
> >
In this case, I believe that only the original purchaser of the
records has the right to make copies for "appropriate" uses.
Thus, if anyone could hear the copies other than the original
purchaser, that might fall outside "fair use."

I'm not sure how the law would treat parties who purchase sound
recordings "second-hand" (which the only way 78's can be acquired),
since I'm not sure if the framers envisioned the sale of used
records (certainly RIAA would much rather you purchased their
NEW recordings!).

Also, the year 1923 has no particular significance as to sound
recordings (it may in the case of the rights of the songwriters
and publishers). The current US copyright law places ALL
sound recordings under copyright until 2067 (but did remove
the applicability of various state laws covering the copying
of sound recordings, some of which had NO expiry dates!).

Of course, there is nothing to stop the US government from
extending that term further should they so desire...

Steven C. Barr