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Re: [dvd-discuss] Sen. Hatch and AHRA

Here is the section on music below (DMCA).

Now, the "DMCA" doesn't seem to have any music like clause relevant to
copying other than for the transmitting or broadcasting. This is why it is
interesting the RIAA made a pact with non commercial broadcasters. (pls.
see previous post with link).

As far as other law, as long as it is for non commercial use, and no
bypassing, it's ok... but hey, IANAL!

Interesting your technique. Does it bypass though? Because it could be
considered a device if there was copy protection on those CDs. However, I
don't really know to what extent the music industry or copyright owners
copy protected the cds. I know some came out copy protected, but I thought
it was a failure. People complained, etc. Do they still copy protect music
and if not, which ones were copy protected before?



Section 112(a) of title 17, United States Code, is amended--

(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A),
(B), and (C), respectively;

(2) by inserting `(1)' after `(a)';

(3) by inserting after `under a license' the following: `, including a
statutory license under section 114(f),';

(4) by inserting after `114(a),' the following: `or for a transmitting
organization that is a broadcast radio or television station licensed as
such by the Federal Communications Commission and that makes a broadcast
transmission of a performance of a sound recording in a digital format on a
nonsubscription basis,'; and

(5) by adding at the end the following:

`(2) In a case in which a transmitting organization entitled to make a copy
or phonorecord under paragraph (1) in connection with the transmission to
the public of a performance or display of a work is prevented from making
such copy or phonorecord by reason of the application by the copyright
owner of technical measures that prevent the reproduction of the work, the
copyright owner shall make available to the transmitting organization the
necessary means for permitting the making of such copy or phonorecord as
permitted under that paragraph, if it is technologically feasible and
economically reasonable for the copyright owner to do so. If the copyright
owner fails to do so in a timely manner in light of the transmitting
organization's reasonable business requirements, the transmitting
organization shall not be liable for a violation of section 1201(a)(1) of
this title for engaging in such activities as are necessary to make such
copies or phonorecords as permitted under paragraph (1) of this

Original Message:
From: Glendon Gross gross@xinetd.com
Date: Wed, 18 Jun 2003 10:40:40 -0700
To: dvd-discuss@eon.law.harvard.edu
Subject: Re: [dvd-discuss] Sen. Hatch and AHRA

I can't help asking the question,  "What about music that is copied using
analogue techniques, so that
it does not represent a binary copy of the original file on the CD?"    For
example, I like to record CD's to
my PC through the line audio input in my soundcard, running the sound
my own favorite set of analogue and
digital effects.  (I use a Behringer DSP-9024 to preprocess the input
stream.)  Does anyone know what the DMCA would say, if anything, about me
doing this with my original and purchased content?

My perception has been that this falls under "fair use", but I can't help
noticing the irony that no matter what technique
is used to protect the digital content, it fails when I do this.   In that
sense, it would seem that the processed (and non-copy protected)
copy would be called an "original work."  Yet I see how quickly we get into
quagmire of ambiguity here.   I'm thankful that the PC is not
called a "circumvention device".


Glendon Gross

"aicra@well.com" wrote:

> Here's a question:
> Where there or not copy controlled music CDs? And if there were, did
> bypass the encryption? Were those files then passed along? If so, then all
> the music that resulted from those would be a DMCA violation.
> However, it is my belief that because of the AHRA music is legally shared
> otherwise. With regards to music that did not have copy control or cds
> were not encrypted, then shared "music" is NOT a DMCA violation.
> Perhaps I am mistaken about the music section of the DMCA, but I believe
> had most to do with subscription services, not music copies... The AHRA on
> the other hand specifically states:
> A personal computer is not a device specifically designed to store and
> record audio.
> Title 17
> Chapter 10
> Subchapter B
> Section 1008
> -marcia

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