by jarah » Sat Feb 01, 2014 6:18 am
It depends on who you ask It is hard to say what exactly is Fair Use. In general, most lawyers and courts are siding with consumers in giving tghem the ability to make backups for personal use, or to format shift(ie: making a cd into mp3s). However, this is under fire by the RIAA who would like you to have to purchase replacement cds or pay for each format would like to listen to. The bottom line is that you will not get into trouble for storing a backup of your mom's cd on your computer. It would probably be technically unlawful for you to listen to them as you are not the "owner." I have included some comments from the Electronic Frontier Foundation that highlight some of the main arguments over Fair Use. Although the legal basis is not completely settled, many lawyers believe that the following(and many other uses) are also fair uses:-Space-shifting or format-shifting - that is, taking content you own in one format and putting it into another format, for personal, non-commercial use. For instance, "ripping" an audio CD(that is, making an MP3-format version of an audio CD that you already own) is considered fair use by many lawyers, based on the 1984 Betamax decision and the 1999 Rio MP3 player decision(RIAA v. Diamond Multimedia, 180 F. 3d 1072, 1079, 9th Circ. 1999.)-Making a personal back-up copy of content you own - for instance, burning a copy of an audio CD you own.As part of the on-going DMCA rule-making proceedings, the RIAA and other copyright industry associations submitted a filing that included this gem as part of their argument that space-shifting and format-shifting do not count as noninfringing uses, even when you are talking about making copies of your own CDs:"Nor does the fact that permission to make a copy in particular circumstances is often or even routinely granted, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization. In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorization, not about fair use."For those who may not remember, here's what Don Verrilli said to the Supreme Court last year:"The record companies, my clients, have said, for some time now, and it's been on their website for some time now, that it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod." Sources: http://www.eff.org/deeplinks/archives/004409.php ShallowDays 84 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.