[clug] [OT] EMI "copy control" on Linux

Michael Bennett mib at homemail.com.au
Thu Feb 19 00:57:18 GMT 2004


My understanding from reading the copyright act is that there are no 
exemptions for copying a sound recording without explicit approval of 
the owner.

For broadcasts (radio and TV) there is an exemption for recording in 
the home for use in the home.

Software actually has quite a lot of exemptions including copying for 
backup purposes and this cannot be excluded by the license agreements.

My view (and IANAL) is that a CD is software as it can fall under the 
definition given in the act, and because a CD contains more than a 
sound recording (track info, etc). If this was not the case, software 
containing sounds, etc. couldn't be copied. Also the buffer in the CD 
player creates a temporary copy of the sound recording therefore 
playing any CD would be breaching copyright.

Seeya
Michael.

On 19/02/2004, at 9:51 AM, Bill Clarke wrote:

> Alex Satrapa wrote, On 18/02/04 20:29:
>>> Bearing in mind that in Australia we already have no 'fair use' 
>>> rights,
>>> naturally.
>>
>>
>> But we do have the right to make backup copies, to protect ourselves
>> from damage to media.
>
> as several others have stated, this is not the case.
> this is from a friend who works in the copyright area:
>
> """
> unlike the US, Australia doesn't have an open ended fair dealing
> exception which covers copying for private use. Our fair dealing
> exceptions only cover acts done for the purposes of research and study,
> criticism and review, reporting the news, and providing legal advice
> (see ss40-43 Copyright Act 1968). Technically, you're infringing
> copyright every time you tape a TV program to watch later. There's a
> specific exception which allows you to back up software (s47C) - but
> that doesn't cover CDs or DVDs, and it can be legally nullified by
> contract or technological measures.
>
> A private copying exception was introduced in 1993, along with a levy 
> on
> blank tapes. Consumers paid a little extra when they bought tapes, 
> which
> was then distributed to copyright owners - consumers got a right to 
> copy
> for private use in return. This is the same system they have in Canada
> and most of Europe (but no the US). However, it was ruled to be
> unconstitutional by the High Court.
>
> Since then, there have been many private copying models proposed -
> mainly by copyright owners, and involving a levy. None have ever made 
> it
> to a legislative stage, cause of a whole range of complex 
> considerations
> - including the constitution, international treaties, the fact that the
> technological protection market is just developing, political
> considerations and practical considerations. One of the questions is
> whether the need to have the law reflect ordinary people's behaviour,
> and the consumer benefits this would provide in the new technological
> environment, outweighs the potential costs to consumers, retailers, and
> Australia as a whole - especially if no one's getting sued. I have to
> admit, I'm not sure where I sit on that one - could go either way.
>
> The most important thing to remember about private copying is that it 
> is
> only a civil infringement - so you're not committing an offence, and 
> the
> police won't get involved - it's up to the copyright owners to sue you.
> This makes copyright basically a risk-management issue. You have to
> weigh the benefit of copying the disc to you against the likelihood 
> that
> the copyright owner is going to hunt you down and take you to court 
> over
> it. The record industry has recently taken several Australian students
> to court - who were running a website responsible for millions of music
> downloads. The person at home, copying his own CDs so he can listen to
> them in his car, isn't really in their ball park.
> """
>
> cheers,
> /lib
> -- 
> /lib BillClarke PostdoctoralFellow CompSci ANU cs.anu.edu.au/CC-NUMA
> http://llib.cjb.net llib at computer.org  tel:+61-2-6125x5687 fax:x0010
> PGPid:B381EE7DB7D3E58F17248C672E2DA124ADADF444 GNU unix LaTeX XPilot
> Buffy DrWho Goodies StarTrek XFiles Origami SML SMP MPI mozilla tcsh
> Asimov Bear Clarke Donaldson Volleyball Ultimate Cricket emacs C++ X
> Jordan Kay Lackey Martin Stasheff DeepPurple H&C KLF Queen PinkFloyd



More information about the linux mailing list