On 7/21/99, Steven D. Jamar wrote:
>
> 8. Among the matters which the "average person" should know are
> infringements of copyright without consulting a lawyer:
>
[snip]
>
> b. copying CDs and selling or giving them to others
There was a discussion about this in another forum, and I concluded that giving away the CD is not infringing.
Assume that the CD is an audio CD. Then look at the statute:
"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."
17 U.S.C. sec. 1008.
Noncommercial use of a consumer in copying such a CD is exempt under this section, at which point the user has a lawful copy. Section 109(a) gives that owner the right to dispose of that copy. Arguably, despite the language of 109(a), the user probably couldn't *sell* the copy because one could then argue that the first "use" under section 1008 was commercial, but giving it away shouldn't be actionable. Is there an error in my logic?
In any event, even *if* there is an error in my reasoning (and I haven't researched the issue), it would certainly seem that this is not something that the average layperson could figure out.
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