[net.legal] can I make these copies legally?

keithe@teklabs.UUCP (Keith Ericson) (03/21/84)

I haves some questions regarding copying of recorded music, and I would
appreciate a response from someone who can shed some facts on the
situation.

1) I'm having a (private) party, and I want to play music. I have a
good collection of records, but I don't want to spend all my time at
the party changing records to play the selected tracks from the albums.
Does the copyright law prohibit me from make a (cassette-tape) copy of
the tracks I like ahead of time, and then playing the copy at the
party? After all, I've already paid for the records; isn't that
sufficient remuneration to the artist/publisher/etc.?

2) Would the answer to the above question change if, in addition to my
own record collection, I borrow records from friends and add selections
from them to my tape?  In this case I can see where the
artist/publisher/etc. are losing income.

3) Have I violated any portion of the copyright laws if I record music
from the radio and subsequently play it at my party? I'm somewhat
familiar with the (Supreme?) Court decision allowing copying of music
broadcast over radio, but is my play-it-at-the-party use allowed under
this decision as well?

Your informed response is greatly appreciated. Thank you..

keith ericson at teklabs

ron@brl-vgr.ARPA (Ron Natalie <ron>) (03/24/84)

Question number 3 (record from the radio and play at a party)
has been pretty much decided.  It is not legal.

Numbers 1 and 2 (I make copies of my own albums because LP's are
an inconvenient format).  This has not been decided yet.  I would
figure that it is alright, but once again the record companies are
up in arms.  It seemed that this became a real big thing to do
when Walkman-style cassette players became available.  The record
companies are claiming that the Walkmans are ruining their market
(even though most people record their own personal records for their
own walkman use) because people won't buy a cassette copy and a LP
copy.

-Ron

mark@cbosgd.UUCP (Mark Horton) (03/25/84)

> Numbers 1 and 2 (I make copies of my own albums because LP's are
> an inconvenient format).  This has not been decided yet.  I would
> figure that it is alright, but once again the record companies are
> up in arms.  It seemed that this became a real big thing to do
> when Walkman-style cassette players became available.  The record
> companies are claiming that the Walkmans are ruining their market
> (even though most people record their own personal records for their
> own walkman use) because people won't buy a cassette copy and a LP
> copy.

Funny, but my impression has always been that there is an excellent
selection of LP records, but most of them are no available in tape.
Those that are available on cassette are recorded on a cheap tape,
not CRO2 or metal.  If I want a high quality tape, I have no choice
but to buy the record and a blank metal tape and record it myself.
It's hard to imagine a law telling me I can't do that.

mather@uicsl.UUCP (03/27/84)

#R:teklabs:-276900:uicsl:21400007:000:1190
uicsl!mather    Mar 26 09:43:00 1984


In answer to the recording of music from records and radio programs,
I have distilled some of the recent Supreme Court decisions to the level
of those not well versed in the law.


> 1) Record my own music and play it at a party.

This is legal if you announce (when each song/piece begins):
	a) the name of the artist
	b) the name of the arranger
	c) the name of the recording company
	d) what the lyrics are when it is played backwards

> 2) Record records from friends to be played at the same party.

This is legal if you:
	a) have known the friend for over 2 years
	b) return the album in good condition
	c) announce (see 1 above) who the friend is (was)
	d) agree to have lunch with the friend at your expense

> 3) Record radio programs to be played at this same party.

This is legal if you:
	a) know at least 1 person at the radio station
	b) use a high grade recording tape ($4.00/tape and up)
	c) invite at least 30 people to the party
	d) publicly denounce TV as a valid music medium


In general, these interpretations are not obvious from a casual perusal
of the formal copyright laws. I, of course, perused them in a tuxedo.

				Bruce C. Mather
				...uiucdcs!uicsl!mather

ward@hao.UUCP (Mike Ward) (03/28/84)

[]
Bruce C. Mather shows an extremely high degree of understanding
of the finer points of our legal system.  I suggest that he be
seriously considered for the next opening for Chief Justice, whenever
Justice Hamburger decides to grace us with his absence.

mat@hou5d.UUCP (03/29/84)

>> Numbers 1 and 2 (I make copies of my own albums because LP's are
>> an inconvenient format).  This has not been decided yet.  I would
>> figure that it is alright, but once again the record companies are
>> up in arms.  It seemed that this became a real big thing to do
>> when Walkman-style cassette players became available.  The record
>> companies are claiming that the Walkmans are ruining their market
>> (even though most people record their own personal records for their
>> own walkman use) because people won't buy a cassette copy and a LP
>> copy.

> Funny, but my impression has always been that there is an excellent
> selection of LP records, but most of them are no available in tape.
> Those that are available on cassette are recorded on a cheap tape,
> not CRO2 or metal.  If I want a high quality tape, I have no choice
> but to buy the record and a blank metal tape and record it myself.
> It's hard to imagine a law telling me I can't do that.

Well, Anton Berg's opera *Lulu* was, for many years, published incompletely.
The first part was published by permission of his estate (his wife) but the
second half was not published.  She apparently felt that the one of the
characters in the opera was HER and she didn't like it.  I believe that
the work has finally gotten out.

Anyhow, I suspect that if CBS decides that they do not want to ``print'' any
more copies of Nicholas Danby's recording of Frank's *Chorale #2 in B minor*
they do not have to.  If I wish to make a tape of someone's disk for my own
use, and subsequently send them the full price of an LP for the privilege of
of doing so, they do not have to accept it, and if they don't want me to
make a tape, then I CANNOT legally make that tape.

What does all of this mean?  Copyright is a RIGHT, not a property, and
cannot be handled under the same laws.

						from Mole End
						Mark Terribile
						hou5d!matg