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copyrights and backups of music

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gunther01

Guest
Is it true that it would not be a violation of copyright law to make a backup of other people's music for your own use? (e.g. I buy an audio tape from a shop and want to back it up to cd with a cd writer - does this fall under authorized or unauthorized duplication?)

If it is authorized - what would be the status of the following:

I am interested in providing a service for people who do not have access to a cd burner - for a small fee, I would take their audio tape or record and then burn the audio files to a cd - then return all materials back to the owner of the audio tape/record. Authorized/Unauthorized duplication?

Thoughts?

Many thanks,
Peter
Delaware
 


L

loku

Guest
DC copies of copyright work.

The following excerpt from the Copyright Office Circular 1 explains that only the owner of a copyright has the right to make copies or to sell or distribute copies.

The owner of copyright in a work has the exclusive right to make copies, to prepare derivative works, to sell or distribute copies, and to perform the work publicly. Anyone else wishing to use the work in these ways must have the permission of the author or someone who has derived rights through the author.

The following excerpt from the same Circular explains that you can get a compulsory license to copy and distribute the work. The definition of phonorecords includes CDs.

Copyright in a musical work includes the right to make and distribute the first sound recording. Although others are permitted to make subsequent sound recordings, they must compensate the copyright owner of the musical work under the compulsory licensing provision of the law (title 17, United States Code, Section 115). For more information, please request Circular 73, "Compulsory License for Making and Distributing Phonorecords."

You can download or read Circular 73 at: http://lcweb.loc.gov/copyright/
 

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