Re: Re: Copying MP3 files for private purposes

Section 3C of the Israeli Copyright Ordinance says: "Recording or copying a work on recordable media for private and domestic, but not commercial, uses shall not be a violation of copyright and performers’ rights." and the definition of “recordable media” is: "a device on which there is no recording and on which an audio or video recording can be recorded, _other than a device intended for use in a computer_." The term "computer" is not defined.

So this exception is specifically tailored for home recording probably only on video or audio cassettes. The rationale is quite simple: unlike the MP3 example, here the government can tax the sale of the cassettes and compensate the authors.

Other than that, copying on cassettes does not have the same viral effect as on-line copying.

Ohad

Quoting "Robert F. Bodi" <lawlists[_at_]bodi.com>:

> I would like to see the actual language of a statute or a court case
> supporting your claim. I seriously doubt that copying, as long as there
> is
> no commercial use, is proper, as you seem to state. This would likely
> put
> Israel in conflict with international treaties regarding copyright.
>
> Further, this is clearly NOT the law in most of the developed world.
>
> -Bodi
>
> ----- Original Message -----
> From: "Meir Kogman" <kogman[_at_]colman.ac.il>
> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
> <CNI-COPYRIGHT[_at_]cni.org>
> Sent: Wednesday, October 01, 2003 12:15 PM
> Subject: [CNI-(C)] Copying MP3 files for private purposes
>
>
> I am not sure about the exact legal situation in the U.S.A. but here in
> Israel the law clearly stipulate that copying audio/video works for a
> private non-commercial purposes is allowed. (like the U.S.A. there is a
> statutory mechanism for governmental compensation for the creators
> unions).
>
> So, if that is so why downloading and copying MP3 files for use with
> ones
> domestic devices is dimmed illegal?
>
> And offering others to download files from your computer is, according
> to
> this line of thought, legal as well as you invite them to download the
> file
> for their private use.
>
> Meir
>
>
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Received on Thu Oct 02 2003 - 19:29:58 GMT