Did you mean to say that fair use was passed by Congress at the request of the RIAA, or is there another exemption you're referring to? To the contrary, the development of fair use has never had much to do with Congress (or the RIAA)-it was court-created doctrine which was codified by Congress in the 1976 act. The doctrine preceded both the statute and the RIAA by more than a century. I also take issue with your statement that it is categorically not a fair use to copy a commercial recording; with a transformative enough use, for example, a court may well find a fair use under the law, though for commercial recordings the defendant has a much higher burden to make the defense. And though it may be widely assumed, I know of no instance where a court has found that a person is liable for loading a CD into their computer for personal, local use only (I'd welcome a cite, if anyone has one).
That said, I agree with you on the present case. Though the concept of the music locker service is still not settled legally (there is case law both in support and opposition, though it seems tilted toward the latter right now), I think Murfie's implementation of the concept will land them in pretty hot water over its implementation of the concept, especially now that they've had such prominent exposure. For one thing, the fact that Murfie is not taking any reasonably effective measures to ensure that files are deleted once the ownership of the disc is "sold" (other than telling the customer to agree to it, presumably on her honor) will make their case very weak. Also, the fact that Murfie, and not the customer, is doing the copying will open them up to direct liability for infringement which others (Google, Amazon) have so far been able to avoid.
All of this is assuming post-1972 recordings, of course...
Music Special Collections Librarian
University of Colorado at Boulder
[log in to unmask]
From: Association for Recorded Sound Discussion List [mailto:[log in to unmask]] On Behalf Of Bob Olhsson
Sent: Wednesday, September 14, 2011 9:09 AM
To: [log in to unmask]
Subject: Re: [ARSCLIST] Is this copyright violation on a large scale?
Yes! Under the exemption in the law only you personally have the right to
make a copy.
The tech industry investment bankers love to confuse people with talk about
"fair use" in the hopes that people will buy stock in their next scam that
plays fast and loose with others' intellectual property. Copying a
commercially released music recording is not and never has been "fair use."
It is a specific exemption that was passed by Congress at the request of the
RIAA. In fact it is totally illegal to make a copy of comedy recordings you
Bob Olhsson Audio Mastery, Nashville TN
Mastering, Audio for Picture, Mix Evaluation and Quality Control
Over 40 years making people sound better than they ever imagined!
615.562.4346 http://www.bobolhsson.com http://audiomastery.com
From: Association for Recorded Sound Discussion List
[mailto:[log in to unmask]] On Behalf Of Roger Kulp
Sent: Wednesday, September 14, 2011 12:25 AM
To: [log in to unmask]
Subject: [ARSCLIST] Is this copyright violation on a large scale?