Internetworkers: http://www.ibiblio.org/internetworkers/

["Shea Tisdale" <shea AT sheatisdale.com>]

From:  http://www.law.duke.edu/journals/dltr/articles/2002dltr0023.html

 

My reading of this would be that you can duplicate any CD’s you’ve bought for your own personal use and that you can copy any LP’s, tapes, etc. so long as they are for your own private use.  In specific answer to the original question I guess I would ask, How would they know you didn’t copy your own copy of the music before you lost the original disc?

 

 In 1992, Congress passed the Audio Home Recording Act34 ("AHRA"), an amendment to the federal copyright law. Under the AHRA, all digital recording devices must incorporate a Serial Copy Management System ("SCMS").35 This system allows digital recorders to make a first-generation copy of a digitally recorded work, but does not allow a second-generation copy to be made from the first copy (users may still make as many first-generation copies as they want). The AHRA also provides for a royalty tax36 of up to $8 per new digital recording machine and 3 percent of the price of all digital audiotapes or discs.37 This tax is paid by the manufacturers of digital media devices and distributed to the copyright owners whose music is presumably being copied.38 In consideration of this tax, copyright owners agree to forever waive the right to claim copyright infringement against consumers using audio recording devices in their homes.39 This is commensurate with the fair use exception to copyright law, which allows consumers to make copies of copyrighted music for non-commercial purposes.40 The SCMS and royalty requirements apply only to digital audio recording devices.41 Because computers are not digital audio recording devices, they are not required to comply with Serial Copy Management System requirement.42

 

> -----Original Message-----

> From: internetworkers-bounces AT lists.ibiblio.org [mailto:internetworkers-

> bounces AT lists.ibiblio.org] On Behalf Of Roger Austin

> Sent: Tuesday, September 23, 2003 5:34 PM

> To: Internetworkers: http://www.ibiblio.org/internetworkers/

> Subject: Re: [internetworkers] OK to replace lost CD's with copied ones?

>

> Paul Jones wrote:

>

> > what do i want on CD? all the vinyl that i've paid for and kept clean

> for

> > years!

>

>   Absolutely. Nileen and I could fill up a pickup truck with vinyl. I'd

> love to have it on CDs, but have never gone to the trouble to make

> copies. Much of the stuff is odd, weird, or classical and doubtful that

> it will show up on CD commercially.

>

> ---

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