Re: Re: Copying MP3 files for private purposes

It would appear from the language of the act that downloading MP3s is NOT permitted, at least, not to a computer. Because most MP3 players must interface with a computer to download MP3s, it appears that one cannot legally download MP3s in Israel, whether used commercially or not.

-Bodi
----- Original Message -----
From: "Ohad Mayblum" <mayblumo[_at_]stanford.edu> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property" <CNI-COPYRIGHT[_at_]cni.org>
Sent: Thursday, October 02, 2003 11:29 AM Subject: [CNI-(C)] 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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>
>
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Received on Thu Oct 02 2003 - 23:46:38 GMT