John Spencer wrote:
> Just curious, is this legal? I thought I read something in some of the
> earlier posts that the download for the app was out of the US, I'm just
> one of those who doesn't totally understand copyright in the current
> generation (YouTube, et. al.).
I have come to believe that no one understands U.S. copyright. If you
think you do, you should either take the bar exam or lower your own bar. <G>
The following is based on my understanding.
The law permits one to make an archival copy of an unprotected product
which you own. It does not permit you to break any protective scheme
such as those on commercial DVDs. Neither does it permit you to convert
the material to another format - whether or not it is offered in that
format by the publisher. So you can make an archival copy of a
commercial CD-DA, but it is outside the law to break the duplication
barrier of some audio CDs (which cannot bear the CompactDisc logo
because the protection violates the redbook standard) or of any other
If you have your own material from a camcorder or such, you presumably
have the rights to what you shot (watch out for copyrighted music, other
people in the picture, and the like). Then you can convert and duplicate
as you choose. The situation with telecasts is unclear; only the Betamax
decision seems applicable. While that suggests that you may time-shift
(at least, the hardware manufacturer is not liable if you do), it may
not extend to duplication.
FYI: Before getting into the suit with Capitol, Naxos enlisted the
services one of the top intellectual-property fims in the U.S. After
researching the matter, they concluded that all was well. The suit
rewrote that, of course.
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