On Fri, 08 Sep 2000 12:35:39 -0400, [EMAIL PROTECTED] wrote:
>  > To a certain degree, copyright still applys. However domestic use is
>  > considered "time-shifting" - it would almost certainly be a different
matter
>  > should you attempt (and be noticed) to be selling, distributing, or
>  > otherwise broadcasting such recordings.
>  
>  Agreed again.  But the law does allow you to make cassettes for you own
personal
>  use.

AIUI "time-shifting" of broadcast material is permitted. And it appears not
to be a *criminal* activity to record something you already have a
legitimate copy of.

>  Supposedly there is a surcharge added to blank tape to cover copyright
>  payments.  So is the government and recording industry saying, it's OK to
copy
>  things as long as the quality is not so good?  Digital is out of the
question.
>  The quality of your copy will be to high?

Most media that I know of, allows (at least be merit of it's SCMS
configuration) to make a first generation copy.

>  > The existence of a new technology, and a general desire by many to
>  > capitalise, and get something that's not theirs', for free, should not
>  > overwrite the rights of those that produce copyrighted material.
>  
>  How does cassette recording from the radio differ from copying it to an
MD?  

How does it in practice? You can still copy from the radio to MD - I suspect
the legal situation is still the same - the premise being "time-shifting".

>  The
>  radio station pays a royalty each time they play a song.  On the other
hand
>  adding a surcharge to a blank MD is not fair to the person who is
recording
>  his/her own original material.

I guess they apply it on the balance of probabliities.

>  Nor is stopping the artist from allowing him/her from making as may
digital
>  copies of his/her own material as they feel like.  Yet that is the
situation at
>  present.

A digital recording from an analogue source should still allow you to make
another copy, should it not?

And SCMS strippers and more commercial equipment would allow anyway. Don't
get me wrong, I'm not necessarily supporting these sort of restrictions,
just being pragmatic.

Cheers

Neil





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