Re: MP3s

On 3/12/99, Charles Oppenheim <c.oppenheim[_at_]lboro.ac.uk> wrote:
>
> Below is an exchange of e mails. I would be grateful for comments
> whether what Mr. Savetz claims is true or not.
>
> > From: "Kevin Savetz" <savetz[_at_]northcoast.com>
> > To: Cliff McKnight <C.Mcknight[_at_]lboro.ac.uk>
> >
> > > I read your recent piece in the tidbits newsletter on MP3s and
> > > found it very interesting.
> > >
> > > At one point you say "it is legal to create MP3 files for your
> > > own use from CDs you own." This is certainly not true under UK
> > > copyright law -- are you sure it is true under US law?
> >
> > Under US law, it's legal. It's basically making a backup, which has
> > been found to be a fair use.
> >
> > Kevin
> >
> > --
> > Kevin Savetz <savetz@northcoast.com> http://www.savetz.com/

It's not necessarily, strictly speaking, "fair use", or necessarily justified as being "making a backup". But it's probably legal in the US (provided the MP3's are not used for "commercial purposes," under the Audio Home Recording Act, which says in relevant part:

"No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings."

Of course, if he's making MP3's of nonmusical CD's, that wouldn't be covered here.

Ari Kahan
<akahan[_at_]netcom.com>