Copying music

[TerraMD]

Indiana...

I thought finding the answer to this question would be easy, but I haven't had much luck.

If I own a CD, I can copy it for my own personal use, right (like burn a bunch of songs from my personal CDs onto a compilation CD)?

But, can I give that compliation CD to another person?

The reason I ask, I am teaching a dance class and I have a CD that I made from my collection to use for that class (so I don't have to bring 10 different CDs with me). I would like to be able to give my students a copy of the music so that they may be able to practice at home. Is this allowed?

Terra

 

[HomeGuru]

Indiana...

I thought finding the answer to this question would be easy, but I haven't had much luck.

If I own a CD, I can copy it for my own personal use, right (like burn a bunch of songs from my personal CDs onto a compilation CD)?
**A: yes.
**************

But, can I give that compliation CD to another person?
**A: yes, as long as they use it in conformance with the fair use guidelines.
**********************

The reason I ask, I am teaching a dance class and I have a CD that I made from my collection to use for that class (so I don't have to bring 10 different CDs with me). I would like to be able to give my students a copy of the music so that they may be able to practice at home. Is this allowed?

Terra

**A: if you are charging money for the class then no, it is not allowed. If it is for educational purposes, it should be ok.

 

[T-DESIGNER]

I am not an attorney, but the following quote may clarify
HomeGuru's response. The fair use guidelines says:

".....In determining whether the use made of a work in any
particular case is a fair use the factors to be considered shall
include-

(1) the purpose and character of the use, including whether such
use is of a commercial nature or is for nonprofit educational
purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation
to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of
the copyrighted work......."

source: http://www.copyright.gov/title17/92chap1.html#107

I assume a nonprofit educational organization/institution can
charge money for their classes; therefore, as a matter of
technicality, it probably depends on how your organization/studio
has been set-up (profit or nonprofit) in the State of Indianna
and how the IRS looks at your organization/studio.

I assume a nonprofit organization must consist of more than one
individual because HOMEGURU said "if you are charging money...".

I would think the classification of profit and nonprofit is left up
to each state, but when it comes to U.S. Copyright laws, it
would seem unfair if one individual/group could be classified as
nonprofit in one state, but a similar individual/group in another
state must be classified as profit.

Because of variances in state laws, etc, I sometimes think our
country should be called "The Adjacent States of America", but
Hawaii and Alaska prevents us from even doing that. I guess I
will have to just say: I was born in "The Fifty States of America".
But that would be hearsay! Oops! I mean heresy!

 

[T-DESIGNER]

It is unclear as to the contents on the CD you are wanting to give
to your students; therefore, here is another quote from the U.S.
Copyright Office's web site which is relevant to this thread:

47/48. How much of someone else's work can I use without
getting permission?

Under the fair use doctrine of the U.S. copyright statute, it is
permissible to use limited portions of a work including quotes, for
purposes such as commentary, criticism, news reporting, and
scholarly reports. There are no legal rules permitting the use of a
specific number of words, a certain number of musical notes, or
percentages of a work. Whether a particular use qualifies as fair
use depends on all the circumstances. See Circular 21 and FL 102."

source: http://www.copyright.gov/faq.html

Circular 21 on the same web site goes into an in depth discussion:

http://www.loc.gov/copyright/circs/circ21.pdf

The following page on the same web site provides a list of
"Copyright Licensing Organizations & Publications Rights
Clearinghouses":

http://www.copyright.gov/resces.html

God Bless the FSA! oops! God Bless the USA!

Please don't be offended! It is just satire (pure and simple).

I love my country because I'm free! Wheeeeeeee!

Sorry about that! I got carried away there for the moment.
When I was young, one of my older brothers was always
saying to me: "Act your age!"

"Are we having fun yet?" "TGIF"