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* David Fincher <[EMAIL PROTECTED]> on Mon, 27 Dec 1999
| With all the discussion about copyright, I have a related question that
| I'd like some illumination on. If I have my own copy of a cassette, and
| the cassette is now defective (eaten by a player, magnetized, baked in
| the sun), is it legal for me to make a copy from a friend's cd (of the
| same album, just the cd version of it) to a minidisc?
There is one piece of case law that I know of. The case was MicroSparc,
Inc. (Nibble Magazine) and a typing company the name of which I do not
recall -- it is on record if you want to dig it up.
The issue was this. Nibble Magazine published source code for Apple ][
microcomputers. As is required by copyright law, each issue had a license
of sorts that the original purchaser of an issue of the magazine had the
right to type the code into his machine and save it to diskette -- in other
words, specific, explicit permission to copy the work from print to bits
was given by MicroSparc, the copyright holder, to the purchaser of the
magazine. Now, in order to make more money, Nibble also sold the programs
on diskette, separately from the magazine. So, if you could afford the $25
per diskette per issue, you could save yourself the time of doing the
typing yourself.
What this typing company did was to buy a few copies of the magazines, hand
them to their typers to type in, and sold diskettes with the programs for
half the price MicroSparc charged, but only if buyers could prove that they
had purchased the relevant issue of the magazine (I believe it was by
sending them the cover of the issue or some such).
MicroSparc took them to court, charging copyright violation. The typing
company countered that if you legally own a copy of an issue of Nibble
Magazine, then you may legally own copies of it made from other sources.
MicroSparc won the case. The court ruled that each individual instance of
a copyrighted work is protected separately from every other instance of the
same work.
So, to finally answer the your question, no.
But if you are serious about the answer, ask a copyright lawyer.
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