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Subject: Re: Burn a CD from an MP3? From: "Elizabeth J. Pyatt" <ejp10@xxxxxxx> Date: Thu, 22 Jan 2009 13:34:07 -0500 |
In terms of burning a CD, you may want to look at your license first and see if it mentions the issue. For instance, the iTunes license specifically mentions that a playlist can be transferred a set number of times (about 5). But since it's a department and not for personal use, I don't know what the impact would be. In any case, you do want to limit the number of CD's burned.
In terms of playing the music in the classroom, I think fair use convention generally accepted in the U.S. covers playing any legal CD in the classroom. If you decide you can't burn legally, then playing over the laptop (possibly with speakers) would be an option.
Posting is tricker. TEACH specifies that streaming is preferable to posting a downloadable file, but the instructor needs access to a streaming server. One place to ask might be your library. We're lucky enough to have a library which can host files on a streaming server as part of the electronics reserves system. Your library may also subscribe to musical databases where students can listen to streamed music (usually classical or world music).
One idea you may be able to use is to create a playlist in either Amazon or iTunes for your students. The students can't listen to the whole song, but they can purchase songs for a low price as needed (basically 99 cents/song).
In essence you're creating a custom music package which the students pay to download - but without having to clear permisisons from individual publishers (because you're only pulling suggested titles from a pre-existing library). It's faster and probably cheaper than the older way of doing it.
digital-copyright Digest 22 Jan 2009 16:00:00 -0000 Issue 852
Topics (messages 1593 through 1594):
Burn a CD from an MP3? 1593 by: Janet Nepkie 1594 by: John Mitchell
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---------------------------------------------------------------------- Date: Wed, 21 Jan 2009 17:52:01 -0500 To: <digital-copyright@xxxxxxxxxxxxxx> From: Janet Nepkie <nepkiej@xxxxxxxxxxx> Subject: Burn a CD from an MP3? Message-ID: <C59D1141.308E3%nepkiej@xxxxxxxxxxx>
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
------------------------------
Date: Thu, 22 Jan 2009 00:08:25 -0500 To: Janet Nepkie <nepkiej@xxxxxxxxxxx>, Digital-Copyright <digital-copyright@xxxxxxxxxxxxxx> From: John Mitchell <john@xxxxxxxxxxxxxxxxxx> Subject: Re: Burn a CD from an MP3? Message-id: <D20BB1E7-41E8-428C-9E27-1FEEAAD701A1@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
------------------------------
End of digital-copyright Digest ***********************************
-- =-=-=-=-=-=-=-=-=-=-=-=-= Elizabeth J. Pyatt, Ph.D. Instructional Designer Education Technology Services, TLT/ITS Penn State University ejp10@xxxxxxx, (814) 865-0805 or (814) 865-2030 (Main Office)
210 Rider Building (formerly Rider II) 227 W. Beaver Avenue State College, PA 16801-4819 http://www.personal.psu.edu/ejp10/psu http://tlt.psu.edu
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