[cc-community] Internet Radio - ripping.
Florian Philapitsch
florian.philapitsch at wu-wien.ac.at
Fri Aug 10 09:53:49 EDT 2007
Hi Pawel,
since you did not ask for a specific legal system, I will try and give
you a European answer.
At least in Europe, streamripping has not been getting much attention
from a legal standpoint.
Here are some points to consider from the European viewpoint, phrased in
two kinds of answer. The first answer is, of course, my personal view,
leaves no wiggle-room whatsoever and will earn me my place in Jurist
Hell. I therefore urge you to read the second answer as well :)
1. The Short Answer:
In Europe, streamripping can be considered legal.
2. The Jurist's Answer:
Well, it depends :)
If you consider Streaming as broadcasting, the recording of that stream
should be legal as long as it is for private use and for ends that are
neither directly nor indirectly commercial. (cf Art 5 (2) lit b
EU-Copyright-Directive). Several things have to be kept in mind here.
"Private Use" in the sense of the Directive is extremely narrow. Also,
if there is DRM involved and you circumvent this, the streamripping is
no longer covered by the exemptions of copyright.
If you consider Streaming as "making available", you face even more
problems, since you have to decide if the right of "making available" is
a special form of public performance or a special combination of copying
and distributing. Alas, the Directive does not provide an answer there.
However, in my personal opinion, streaming is NOT a form of making
available but a form of broadcasting. And since the recording (or, to be
precise, copying) of a broadcast for private and non-commercial purposes
falls under the boundaries of copyright, streamripping can be considered
legal. In other words - (at this point) streamripping could be
considered the legal alternative to filesharing (if you consider
filesharing to be illegal). Problems arise, of course, if your legal
system has a rule considering private copying from an evidently illegal
source (like the German Copyright Law) - then you'd have to consider
also the stream you are ripping...
Please bear in mind that this answer applies to the EU legal systems
only, also it does not take into account the possibility that a member
state has decided to choose a totally different way.
cheers from Vienna,
Florian
Paweł Gęga schrieb:
> Hi all,
>
> I am interested in archiving my favorite online (only on line) radio
> using ripping software , but what about copyrights ?
> Can I do this for personal use - not distribution. Its like recording
> radio on MC.
>
> Thanks for help,
>
> Pawel
>
>
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