RIAA now say ripping CDs to iPods is illegal

Davey_Pitch · 23 Feb 2006 at 08:47

Sequoia said:
Actually, with my pedantic hat on, the European Union Copyright Directive doesn't actually do any of that. What it does is place a duty on all member states to enact legislation to ensure they comply with the requirements of the EUCD. Some of the provisions of the EUCD are mandatory, some optional. That means that while there is broad-brush compatibility between EU states, the fine detail of what is and is not permitted does in fact vary. The UK implemented the EUCD in a Statutory Instrument (SI2003/2498), the Copyright and Related Rights Regulations 2003. This amended the core UK copyright legislation, which was the original 1988 Act.

Aye, I knew it was something like that, but at 1:30am my brain wasn't working well enough to remember what it was.

But there is NOTHING in any of those exceptions that permits personal copying of music or video works. There is an exception allowing people that are legitimate users of computer software to make necessary backups, but it does not extend to audio or video recordings.

Correct me if I'm wrong, you're allowed to make backups of software, *as long* as you can do so witbout bypassing any copyright protection in place on the media. Which is very few pieces of software, as almost all of them have some kind of copyright protection on them.

Borris · 23 Feb 2006 at 10:48

Davey_Pitch said:
Correct me if I'm wrong, you're allowed to make backups of software, *as long* as you can do so witbout bypassing any copyright protection in place on the media. Which is very few pieces of software, as almost all of them have some kind of copyright protection on them.

I think that is particularly pertinent with regards DVDs, where there is often a blurry distinction between whether or not it content is software or film.

Here's an interesting bit of legal-eagle editorial you might find interesting.

Davey_Pitch · 23 Feb 2006 at 11:27

Borris said:
I think that is particularly pertinent with regards DVDs, where there is often a blurry distinction between whether or not it content is software or film.

Here's an interesting bit of legal-eagle editorial you might find interesting.

Excellent link, cheers. Have had a brief read, will look at it properly later (and store all the info in my brain for the inevitable time this arguments crops up again)

MATTeL · 23 Feb 2006 at 11:43

RIAA - American issue.

As for the UK not only do I rip my original CDs to my iPod but I use an iTrip in the car as well! :eek:

I am going to get the chair!

benjo plz. · 23 Feb 2006 at 17:18

Sequoia said:
Bear in mind that copyright protection includes coverage for unauthorised public performances...but public performances certainly are covered.

Would that be if you were profiting from the performance only or would it apply anyway even if you weren't?

greengiant · 23 Feb 2006 at 17:57

Say you buy a nice book.

You wouldn't have the right to get the same book for free in hard back, braile or large print, you would have to purchase these individually.

Likewise if you buy a cd you technically don't have the right to get the contents of the cd in mp3 / ogg whatever format for free.

Sequoia · 23 Feb 2006 at 19:12

Phnom_Penh said:
Would that be if you were profiting from the performance only or would it apply anyway even if you weren't?

As I understand it, it couls apply even if you weren't profitting. But there are exceptions. For instance, certain types of non-profit organisations can play recordings, and can even charge admission, providing they are non-profit organisations and the admission charge goes directly to the organisation. As with so much of this, it's not entirely cut and dried.

The_TailGunner · 23 Feb 2006 at 19:14

greengiant said:
Say you buy a nice book.

You wouldn't have the right to get the same book for free in hard back, braile or large print, you would have to purchase these individually.

Likewise if you buy a cd you technically don't have the right to get the contents of the cd in mp3 / ogg whatever format for free.

yes, but would anybody care if you made a photocopy to read so as to preserve the book, or scanned it so you could read it on your pda....?

TG

Davey_Pitch · 23 Feb 2006 at 19:19

WS_TailGunner said:
yes, but would anybody care if you made a photocopy to read so as to preserve the book, or scanned it so you could read it on your pda....?

TG

The publishers might

The_TailGunner · 24 Feb 2006 at 00:26

Davey_Pitch said:
The publishers might

well, yes, thats true. but i suspect they might be slightly less rabidly obsessed with it...

TG

Borris · 24 Feb 2006 at 11:52

A truly ROFLable article, showing just how myopic the anti-piracy / copyright / FACt bunch can be:

Source

Some Civil Servant Muppet said:
"I can't believe that your company would allow people to make money from something that you allow people to have free access to. Is this really the case?" she asked.

"If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation, as it is difficult for us to give general advice to businesses over what is/is not permitted."

Matblack · 24 Feb 2006 at 11:56

The RIAA wouldn't save its own mother from the ravenous bugblatter beast of Trall

MB

Borris · 24 Feb 2006 at 11:57

God forbid they should read you some of their poetry.

Matblack · 24 Feb 2006 at 11:59

Borris said:
God forbid they should read you some of their poetry.

Its only the third worst, I have some of the worst here on CD, I'd rip you a copy but ................... well you know :rolleyes:

MB

Sequoia · 25 Feb 2006 at 19:23

Borris said:
A truly ROFLable article, showing just how myopic the anti-piracy / copyright / FACt bunch can be:

Source

But that doesn't show anything about the anti-piracy/copyright/FACT bunch. It shows something about a single, and rather daft, TSO.

Burnsy2023 · 9 Mar 2006 at 18:56

Just a quick question:
Where in The Copyright and Related Rights Regulations 2003 does it talk about media shifting?

I can't seem to find it.

Burnsy

Sequoia · 9 Mar 2006 at 20:59

burnsy2023 said:
Just a quick question:
Where in The Copyright and Related Rights Regulations 2003 does it talk about media shifting?

I can't seem to find it.

Burnsy

What do you mean by "media shifting"? Are you referring to copying from, for example, CD to MP3?

If so, the prohibition is contained in the primary legislation, which is still the Copyright, Designs and Patents Act 1988. That provides that ANY copy of a protected work is illicit unless either done by permission, or it falls into one of the specific exceptions granted by that Act, or subsequent regulations (likew the one you mentioned) that amended it.

Burnsy2023 · 9 Mar 2006 at 21:10

Sequoia said:
What do you mean by "media shifting"? Are you referring to copying from, for example, CD to MP3?

If so, the prohibition is contained in the primary legislation, which is still the Copyright, Designs and Patents Act 1988. That provides that ANY copy of a protected work is illicit unless either done by permission, or it falls into one of the specific exceptions granted by that Act, or subsequent regulations (likew the one you mentioned) that amended it.

Thats exaclty what I'm after. I need to quote the exact clause. I thought it was in the CDPA but couldn't find it so assumed it was in the revised act.

Any idea exaclty where it is? I still can't find it.

I thought it'd be under the section marked "Transfers of copies of works in electronic form." But it doesn't appear to be there.

Burnsy

Neoni · 9 Mar 2006 at 21:15

Wow some organisation of America wishes to bend and change the rules, wow they're not the first.

So mini disks, that are blank and designed for mini disk players are illegal? After all its ripping a CD to a mini disk for personal use...

they have more power than you think matey.

Sequoia · 10 Mar 2006 at 17:56

burnsy2023 said:
Thats exaclty what I'm after. I need to quote the exact clause. I thought it was in the CDPA but couldn't find it so assumed it was in the revised act.

Any idea exaclty where it is? I still can't find it.

I thought it'd be under the section marked "Transfers of copies of works in electronic form." But it doesn't appear to be there.

Burnsy

I don't think you will find anything that refers directly to "media shifting", certainly not by that name. At least, not from what I remember. It doesn't work that way.

As I said, ANY copy is illegal unless you either have permission, or the copy falls into one of the exceptions specified in the Act. Copying from one media to another doesn't fall into any of those exceptions, though dependning on the use to which the copy was being put, that might qualify it, despite the media change.

In other words, if your use of the copy doesn't fall into the listed exceptions, the copy is illegal whether you changed media or not.

RIAA now say ripping CDs to iPods is illegal

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