> * "David W. Tamkin" <[EMAIL PROTECTED]> on Sat, 14 Aug 1999
> | one generation of digital copying. But more and more have been
> appearing
> | in Europe that are set to prohibit even that one generation, and I
> | wouldn't be surprised to see them here before long.
>
> I am not a lawyer, but I believe that this is illegal under both US and
> international copyright law (to which the US is signatory).
> Under the fair
> use clauses, the legitimate owner of a copy of a work (ie, I legitimately
> purchase an audio CD) may make as many exact duplicates of that
> "origional"
> as he desires, so long as he retains posession of the origional and *all*
> copies made from it.
Unfortunately you're wrong. Under the Berne Convention (which applies to
most copyrighted works of art), you're not allowed to transfer a piece from
one medium to another [1] (even if it's for backup, etc).
In the US there's the Audio Home Recording Act of 1992
[http://www.hrrc.org/ahra.html] (which allows people to take copies of
musical works for their own backup/compilation purposes - however it does
not give anyone the "right" to record digitally from one source to another.
If a copyright holder decides to set SCMS to No Copy, then they're well
within their legal rights to do so.
You refer to yourself as a legitimate owner of a copy of work - when you
purchase a CD you don't own any more than a shiny platter and a nice box.
All copyrights, incuding control of what happens with them rests firmly with
the copyright holder (artist/record company etc)
I'm not a lawyer either, but I feel I have a reasonable understanding of the
laws relating to this.
hth,
Simon
[1] There are exceptions - for instance, a student copying excepts of a
piece for study purposes (but the dumping of albums onto MD isn't one of
them)
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