Klarinet Archive - Posting 000155.txt from 2001/08

From: "Kevin Fay (LCA)" <kevinfay@-----.com>
Subj: [kl] Home Recording (was CD Acquisition Problem)
Date: Mon, 13 Aug 2001 13:00:13 -0400

When I asked if any of you had a CD of the Orpheus Chamber Orchestra's
recording of Strauss'=20
Happy Workshop" -- which I'd still like -- Aimee replied:

<<<I'm shocked that you would ask this.....>>>

. . . I assume because of the appearance of performing a public
copyright violation.

Well, it's not. Copying a CD for personal use on the correct device,
whole a technical violation of the Copyright Act, if perfectly OK.
Under the Audio Home Recording Act of 1992, you are immune from
prosecution if you copy to an analog device (i.e., cassette recorder,
which is my intent) or a digital device that meets certain
qualifications.

This is an uncommonly silly law. It doesn't say that the copying is
legal -- only that you no one can sue you for it. Go figure.

A good thumbnail discussion of the AHRA can be found at the RIAA's web
site, at http://www.soundbyting.com/html/top_10_myths/myths_index.html.
They explain in Myth # 4.

Since the RIAA is the body that typically goes after the alleged
copyright violators (like Napster), and *they* tell be it's OK to ahead
an copy the CD, I feel pretty safe doing it.

. . . besides, if I could find a copy for sale, I'd gladly fork over the
money.

kjf

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