[Web4lib] Where to invest in music collection.

[Crawford,Walt]

While Make Taylor may be technically correct, I would suggest that--at
least in the U.S.--the chances of this behavior being judged legal are
extremely slender, and given the statutory penalties for each act of
infringement, you're taking a pretty big chance in assuming legality.
(Remember: The multi-thousand-dollar fine is for each act...at the very
least, each CD that you rip and sell.)

I'll also suggest that legality isn't the only question: That it's
unethical behavior to make a copy that you plan to retain and use, and
then sell the original. At least it violates my ethical space. Even if I
dislike RIAA and its hard-edged copyright stance (which I do), that
doesn't justify what comes pretty close to theft in my values system.
Two wrongs still don't make a right (fair use or otherwise).

I'm not a lawyer either, but this sounds both dangerous and wrong.

Walt Crawford 

-----Original Message-----
From: web4lib-bounces at webjunction.org
[mailto:web4lib-bounces at webjunction.org] On Behalf Of Mike Taylor
Sent: Tuesday, October 24, 2006 9:59 AM
To: ashepard at well.com
Cc: Charlie Irwin; web4lib
Subject: Re: [Web4lib] Where to invest in music collection.

Avrum Shepard writes:
>> IF you are making copies of material that is copyrighted, then you
>> may need to keep the originals - not sell them. I would check with
>> someone about this. My understanding of copyright is that you have
>> the right to make "use"copies as long as you own the originals.
>> However, if you sell the originals, your right to have (and
>> circulate) copies may cease. (But I'm not a lawyer...)
>
> Oh my gosh, I really blundered with that suggestion.
> Mr. Irwin is undoubtedly correct.

Actually, he may or may not be -- no-one, and I mean no-one, knows
yet.  This stuff has to be decided by the courts as the law itself is
of course not explicit about scenarios that weren't possible when it
was drafted.  And until there's case law to fall back on, no-one
really knows what the legal position is.  I know it's crazy, but it's
true.

There's a fascinating interview on this subject at Slashdot:
http://interviews.slashdot.org/article.pl?sid=06/09/13/1627205
the subject of the interview is a lawyer, whose answers are
interesting largely for what they omit.  It's worth skimming the
comments for his own follow-ups: the picture that emerges is very
definitely one of No-One Knows What's Legal Yet.

Good luck, everyone.

 _/|_
___________________________________________________________________
/o ) \/  Mike Taylor    <mike at indexdata.com>
http://www.miketaylor.org.uk
)_v__/\  "One generation's 'amusing dreck' is the next generation's high
	 literature.  ('I think the anvil landing on the coyote's head
	 symbolizes ...')" -- Bill Cameron.

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