ephemeral copies and use thereof -- PLEASE HELP

[whimseywoman]

I'm in Maryland.

I have a license from BMI and one from ASCAP that permits me to use music I have purchased for my business.

According to copyright law, only the copyright owner of the recording has the exclusive right to reproduce the recording. HOWEVER, there are exemptions to exclusive rights, including the right of a licensed organization to create and use an ephemeral (temporary) copy of the music. For example, I would like to compile several songs onto a single CD as allowed by that exemption -- only I would use it, it would be used ONLY as allowed by my licenses, and I would destroy it in 6 months.

Am I misreading this part of the copyright law? Is there any reason why this exemption would not apply to someone with a license and legal copies of the music? If I follow the rules of the exemption, shouldn't I be permitted to make a compilation instead of having to switch CDs on the fly? If not, WHY NOT?

Thank you so much for any help you can provide.

 

[Veronica01]

You emphasized that you will be using it ONLY as allowed by your licenses. You are protected.

As to your last question WHY NOT, I wish I could read the mind the lawmakers. Themselves, they rarely agree on the same thing. My guess is that it is as it is because the lobbyists asked them to legislate it that way.

 

[divgradcurl]

Making a copy of song for a compilation is a violation of the copyright owner's reproduction rights, and would be allowed only if your license explicitly allows you to make copies. When you make a copy -- even if you only plan to keep it temporarily -- you are making a "fixed" copy, not an ephemeral copy. Copying the song to a CD "fixes" the song, and that is a violation of the reproduction rights.

You should check your license to see what the exect wording is, or you could check with ASCAP and BMI to see if this type of copying is allowed. Veronica01 is right in that, if the license says its okay, then you are in the clear, but from your post it does not appear as if you know for sure if the right to reproduction is granted with your performance license.

 

[whimseywoman]

No - ASCAP and BMI have no jurisdiction...

...over copying. They cannot tell you whether or not you may copy anything. ASCAP and BMI deal ONLY in licensing performance rights. They have absolutely nothing to do with how/when/why/where music is copied.

Also, please READ copyright law specifically 17 USC 112 Limitations to Exclusive Rights:Ephemeral Copies before you expound on something you really don't know anything about.

I think I shall give up on this forum for it is evident to me that I know more about this than the people I'm asking.

...wonders if there are any actual lawyers around here... and doubts there are beccause why on earth should they spend time offering free advice?

 

[HomeGuru]

Re: No - ASCAP and BMI have no jurisdiction...

...over copying. They cannot tell you whether or not you may copy anything. ASCAP and BMI deal ONLY in licensing performance rights. They have absolutely nothing to do with how/when/why/where music is copied.

Also, please READ copyright law specifically 17 USC 112 Limitations to Exclusive Rights:Ephemeral Copies before you expound on something you really don't know anything about.

I think I shall give up on this forum for it is evident to me that I know more about this than the people I'm asking.

...wonders if there are any actual lawyers around here... and doubts there are beccause why on earth should they spend time offering free advice?

**A: not only am I an attorney but I am a professional musician. I have dealt extensively in such issues as the subject of your thread. Your attitude and tunnel vision will go along way in getting you no help from me.

 

[whimseywoman]

And ego problems to boot!

LOL -- gee, did I hurt your lawyer ego? I would have attempted to point out to you how illogical your conclusion is, but then I remembered -- most lawyers pay no attention to logical reasoning.

 

[HomeGuru]

That's right; no logic reasoning.