I've always been under the impression that if you already own an original copy of a recording, a simple transfer from one medium to another for personal archival purposes or for compatibility with different players is generally permitted (except where prohibited
*) under fair use doctrine.
I'd not heard about any interpretations saying that copies must be destroyed if the original was destroyed too.
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* by the DMCA
Did you also know that as a teacher, you can copy up to one full chapter of a book (without buying it) for your students, but as a student or regular person, even quoting / copying one paragraph can be considered plagerism and also breaking copy right laws if the owner wants to press charges?
if you go to
http://copyright.gov you can read the laws. Here is something interesting right from that site:
Can I backup my computer software?
Yes, under certain conditions as provided by section 117 of the Copyright Act. Although the precise term used under section 117 is archival copy, not backup copy, these terms today are used interchangeably. This privilege extends only to computer programs and not to other types of works.
Under section 117, you or someone you authorize may make a copy of an original computer program if:
the new copy is being made for archival (i.e., backup) purposes only;
you are the legal owner of the copy; and
any copy made for archival purposes is either destroyed, or transferred with the original copy, once the original copy is sold, given away, or otherwise transferred.
You are not permitted under section 117 to make a backup copy of other material on a computer's hard drive, such as other copyrighted works that have been downloaded (e.g., music, films).
It is also important to check the terms of sale or license agreement of the original copy of software in case any special conditions have been put in place by the copyright owner that might affect your ability or right under section 117 to make a backup copy. There is no other provision in the Copyright Act that specifically authorizes the making of backup copies of works other than computer programs even if those works are distributed as digital copies.
so if what I bolded is the case, does that mean Norton Ghost (save and restore as they call it now) and Time Machine can be construde as copyright infringement?
Other interesting things:
Does the Copyright Office give legal advice?
No. The Copyright Office does not give legal opinions concerning the rights of persons in cases of alleged infringement, contracts, or the copyright status of any particular work other than the information shown in the records of the Office.
How do I get my work published?
Publication occurs at the discretion and initiative of the copyright owner. The Copyright Office has no role in the publication process.
How do I collect royalties?
The collection of royalties is usually a matter of private arrangements between an author and publisher or other users of the author's work. The Copyright Office plays no role in the execution of contractual terms or business practices. There are copyright licensing organizations and publications rights clearinghouses that distribute royalties for their members.
Here is the exact wording of the "Fair use Act"
One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the Copyright Act (title 17, U. S. Code). One of the more important limitations is the doctrine of fair use. Although fair use was not mentioned in the previous copyright law, the doctrine has developed through a substantial number of court decisions over the years. This doctrine has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.
Copyright protects the particular way an author has expressed himself; it does not extend to any ideas, systems, or factual information conveyed in the work.
The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.
When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.
FL-102, Revised July 2006