pirated music

[DjNecro]

unfortantly it is. However I am in total agreement it is rediculous. It is in the millenium copywrite act. however nobody has ever been taken to court over this and they have never tried to pull programs that allow you to do this. well recently. they did try to get the 1st ever digital music player taken off the shelves. by that i mean mp3 player, but u cant really call it an mp3 player as it was b4 mp3 it played wavs

Not 100% accurate... the DMCA makes breaking copy protection illegal... There is a section in the act that allows for backup copies... On cd's that's not an issue as there is rarely copy protection built in (remember the Sony rootkit fiasco?), DVD's on the other hand ARE copy protected. So in order to make a LEGAL backup copy of your LEGAL DVD, you have to ILLEGALLY break copy protection to do so...

But again, I'm not a lawyer (and not even american, so i could care less about the piece of shit DMCA)...

[tombruton69]

no it is 100% accurate in any country that goes by the digital millenium copyright act. It is illegal to transfer your cds to any other form of digital media, appart from a backup copy of the cd on cd format

http://www.ehow.co.uk/list_6686702_c...ing-music.html

http://news.bbc.co.uk/1/hi/uk/6095612.stm

two sources plus read the act.

[DjNecro]

no it is 100% accurate in any country that goes by the digital millenium copyright act. It is illegal to transfer your cds to any other form of digital media, appart from a backup copy of the cd on cd format

http://www.ehow.co.uk/list_6686702_c...ing-music.html

http://news.bbc.co.uk/1/hi/uk/6095612.stm

two sources plus read the act.

I'm going to still only slightly argue with the 100% part... I've spent the past couple hours scouring the internet for reliable sources either for or against the fair use of ripping your own cds.. I haven't been able to find anything... And YES I did try to read the whole DMCA act... but my copy of US law for dummies hasn't arrived yet...

The best I've been able to find pertains to the Recording Industry Ass'n of America v. Diamond Multimedia Systems, Inc. case from 1999 which deals with 'space-shifting'... but again, the case involved an mp3 player and not a computer specifically...

I think the best thing that can be said is that neither side really knows just how applicable fair use is to ripping audio cds. A quote from the EFF is below, as is another straight from the devils themselves (The RIAA)... The empasis is mine.

4. What's been recognized as fair use?
Courts have previously found that a use was fair where the use of the copyrighted work was socially beneficial. In particular, U.S. courts have recognized the following fair uses: criticism, comment, news reporting, teaching, scholarship, research and parodies.

In addition, in 1984 the Supreme Court held that time-shifting (for example, private, non-commercial home taping of television programs with a VCR to permit later viewing) is fair use. (Sony Corporation of America v. Universal City Studios, 464 U.S. 417 (1984, S.C.)

Although the legal basis is not completely settled, many lawyers believe that the following (and many other uses) are also fair uses:

Space-shifting or format-shifting - that is, taking content you own in one format and putting it into another format, for personal, non-commercial use. For instance, "ripping" an audio CD (that is, making an MP3-format version of an audio CD that you already own) is considered fair use by many lawyers, based on the 1984 Betamax decision and the 1999 Rio MP3 player decision (RIAA v. Diamond Multimedia, 180 F. 3d 1072, 1079, 9th Circ. 1999.)
Making a personal back-up copy of content you own - for instance, burning a copy of an audio CD you own.

'is considered fair use'... legal grey area

RIAA's take:

Copying CDs

It’s okay to copy music onto an analog cassette, but not for commercial purposes.
It’s also okay to copy music onto special Audio CD-R’s, mini-discs, and digital tapes (because royalties have been paid on them) – but, again, not for commercial purposes.
Beyond that, there’s no legal "right" to copy the copyrighted music on a CD onto a CD-R. However, burning a copy of CD onto a CD-R, or transferring a copy onto your computer hard drive or your portable music player, won’t usually raise concerns so long as:
The copy is made from an authorized original CD that you legitimately own
The copy is just for your personal use. It’s not a personal use – in fact, it’s illegal – to give away the copy or lend it to others for copying.
The owners of copyrighted music have the right to use protection technology to allow or prevent copying.

*sigh* How the hell did we let it get this far? When did common sense get factored out of the equation?

[josh@firestorm]

In the US, I've never heard of anyone being shut down for playing pirated music. It would be practically impossible to ever prove, as people have noted, because you could've just ripped the CD.

As far as licensing goes, all venues have to pay ASCAP and BMI for licensing on music. It's a yearly fee dependent on occupancy and it covers them for any music that's played. Even if it's a coffeehouse that only has singer-songwriters playing acoustic guitar, you still have to have the licenses in the event that someone strums out a few bars of John Mayer.

all that license covers tho is the venue itself for broadcasting music, its the same as here. even if you own a supermarket or clothing store and you are playing the radio - you still have to pay a license for public broadcast each year.

if a venue does get raided and the dj is found to be playing pirated music, the dj AND the venue get fined and face more trouble

[ranzerox]

thats ridiculous... so as i can tell, any dj has broken enough laws to be in debt for eternity and probably rot in prison.

[Conall]

When can the police seize property

Police should only seize goods if they have reasonable grounds for believing that:

* they have been obtained illegally; or
* they are evidence in relation to an offence.

In either of these cases, they must also have reasonable grounds for believing that it is necessary to seize the goods to prevent them being lost, stolen or destroyed.

this means that they have ip info on you or sombody has grassed you in. they cant come up2 you and say im taking your laptop cuz they dont like the look of you. If it is taken without good reason it could mean any evidence gavered from that property cannot be used in court. this is outlined in the acpo guide for digital evidence link here http://www.7safe.com/electronic_evid...r_evidence.pdf

depends on where you live mate, here the police can do a stop and search of anyone even without grounds.

[lethal_pizzle]

Wow. Thread open just over a day, 105 responses and zero new arguments.

[josh@firestorm]

So in order to make a LEGAL backup copy of your LEGAL DVD, you have to ILLEGALLY break copy protection to do so...

thats why blu-ray (and i think some dvd's) now come with a code (or extra disc) to download a digital copy which i think you can put on 3 devices you own. ie ipod, htpc, laptop

What about blogged music?

blogs have music flagged for copyright all the time.

and in relation to the RIAA etc obtaining ISP information to track IPs and such, they only send letters to, and go after UPLOADERS not downloaders. this is also why blogs have music taken down, people have their hotfile/rapidshare/whatever accounts suspended etc.

Police should only seize goods if they have reasonable grounds for believing that:
* they have been obtained illegally; or
* they are evidence in relation to an offence.

isn't that how the laws everywhere already work?

Also I think it should be noted that judging from the variety of responses on here the laws in your country/area could be different than the next so best to always do some research if plan on playing out anywhere.

very much so.

thats ridiculous... so as i can tell, any dj has broken enough laws to be in debt for eternity and probably rot in prison.

that's what they'd like everyone to think.



look at the end of the day this is probably happening, and it would only be happening to less than 1% of all dj's worldwide.

how much time and money do you think they would be investing into something like this? honestly...

I think it's pretty much safe to say that the likely hood of you getting looked at in the course of your entire dj career is pretty much slim to none. but it doesn't mean you wont.

at the end of the day it's not that hard to keep your receipts for the music you purchase - and like i said earlier, you may be able to even claim all music purchases on your tax return like you can here in AUS. so its worth keeping them!

support artists when and where you can, and keep off the torrents and blogs (unless its an unreleased or out of print track) not just because artists are getting no money, but because they are 90% of the time terrible quality (just because the metadata says its a 320 mp3 doesn't mean its going to sound good - they are usually 192 or less re-encoded at 320 to fool people)

[joshrobbs]

Great thread! Never thought about this before

[bucky]

Also, careful crossing a border with your laptop. Besides all the usual stupid shit they can possibly put you through going through your laptop is one of them. If they find a movie, questionable music, questionable looking picture, etc..

But, that's about as likely as the RIAA walking into a bar and demanding to look at your laptop.