RE: Question About Music Copyright (By Mitchell)

["Olga Francois" <ofrancois@xxxxxxxx>]

Subject: RE: Question About Music Copyright
Date: Tue, 17 Dec 2002 14:49:03 -0500
From: "John T. Mitchell" <jmitchell@xxxxxxxxxxxxxxxxxxx>
To: <edward@xxxxxxxxxxxxx>, <Max.Hyre@xxxxxxxxxxxxxxxxxxxxxxx>,
<tedforrl@xxxxxxx>, <digital-copyright@xxxxxxxxxxxxxx>

To either complicate or simplify - I'm not sure which - let me point out
that the students may be right if there are talking about music, and
wrong if talking about audiovisual works.  The distinction is the result
of Section 1008 of the U.S. Copyright Act, which states:

"No action may be brought under this title alleging infringement of
copyright based on the manufacture, importation, or distribution of a
digital audio recording device, a digital audio recording medium, an
analog recording device, or an analog recording medium, or based on the
noncommercial use by a consumer of such a device or medium for making
digital musical recordings or analog musical recordings."

Those whose copyrights would otherwise have been infringed are
compensated by a royalty on the sale of blank digital audio recording
media and devices. 

John
_________________
John T. Mitchell
Legal Director
Public Knowledge

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