Re: Burn a CD from an MP3?

[John Mitchell <john@xxxxxxxxxxxxxxxxxx>]

Janet,

Take a closer look at 1008, and be sure to read it along with the  
definitions in 1001. Forget 107. Let's assume it is infringing. The  
key is that if it fits 1008 you can't be sued. So, 1008 says:

"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."

So, if the "purchased MP3". as you call it (perhaps more accurately a  
licensed reproduction of the work in the MP3 format) is reproduced by  
downloading onto a hard drive, the first question is whether the hard  
drive is a ""digital audio recording medium". Logic says yes, but  
since the Copyright Office argued "no" in the Napster case (saying  
that because a lot of other files other than music files are on a hard  
drive it is not a digital audio recording medium), the next question  
is whether the medium the secretary reproduces it onto is one (using a  
digital audio recording medium to make the digital audio recording).  
While I think that reproducing the sound recordings onto a CD-R with  
nothing but music on it might satisfy the Copyright Office's concerns,  
the safer process would be to buy blank audio CD-Rs, the higher priced  
ones that are harder to spot, as the manufacturer has already paid the  
AHRA royalty when they were made, so the copyright owner clearly (even  
if only theoretically) gets its share of compensation from the royalty  
pool.

Doesn't that look more promising? Of course, whatever is done, don't  
sell them, or they are no longer non-commercial, whatever that is.

John
____________
John T. Mitchell
http://interactionlaw.com
1-202-415-9213



On Jan 21, 2009, at 5:52 PM, Janet Nepkie wrote:

> One of our Music Department faculty asked the following:
>
> "Do you know if I were to ask our secretary to purchase MP3 files  
> from the
> Amazon.com  music department, would she able to burn a disc of those  
> tracks
> on her computer? Do you know any restrictions to this? It  would be
> important for me to be able to play these recordings in class,  
> either on a
> disc or from my computer."
>
>
> I'm assuming the suggested behavior would be a violation of Title  
> 17, but
> I'm not at all sure.  I don't see how burning a CD from a purchased  
> MP3
> would qualify for exceptions or exemptions in Sections 107, 110 or  
> 1008, but
> my amateur status with the copyright law makes me unsure of the  
> answer to
> the question below.
> I'm also assuming that the faculty member could PLAY the MP3 in a  
> classroom
> or POST the MP3 in an enrollment managed online course as a result  
> of the
> TEACH Act.  Is that right?
>
> Thank you,
> Janet Nepkie
>
>
>
>
> Dr. J. Nepkie
> SUNY Distinguished Service Professor
> Professor of Music and Music Industry
> State University College
> Oneonta, NY 13820
> tele: (607) 436 3425
> fax:   607 436 2718
> nepkiej@xxxxxxxxxxx