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file sharing, LEGAL w/ friends? [message #48397]

Sat, 20 September 2003 21:41

warranto
Messages: 2584
Registered: February 2003
Location: Alberta, Canada

Karma:

General (2 Stars)

Legally speaking, (and being explicit with what the law states) No it's not legal.Copyright law states that willful infringement...

1) for purposes of commercial advantage or private financial gain, or

(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,

can have legal consenquences.

HOWEVER....

when dealing with sound recordings and such, the law differs...

1101. Unauthorized fixation and trafficking in sound recordings and music videos
(a) Unauthorized Acts. � Anyone who, without the consent of the performer or performers involved �

(1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation,

(2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance, or

(3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States,

This basically states that recording a song to your hard drive (and yes downloading a song is considered to be recording onto your hard drive), or distributes a song can have legal action... regardless if you live in the United States or not.

Edit: this was taken straight from the US copyright office, located here

http://www.loc.gov/copyright/title17/

Edit2: a phonorecord is any medium the recording is made onto. (CD, Audio Tape video tape, Vinal Record, et cetera)

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[Message index]

		file sharing, LEGAL w/ friends? By: dufis791 on Sat, 20 September 2003 18:32
		file sharing, LEGAL w/ friends? By: boma57 on Sat, 20 September 2003 18:46
		file sharing, LEGAL w/ friends? By: dufis791 on Sat, 20 September 2003 18:48
		file sharing, LEGAL w/ friends? By: boma57 on Sat, 20 September 2003 19:18
		file sharing, LEGAL w/ friends? By: dufis791 on Sat, 20 September 2003 19:22
		file sharing, LEGAL w/ friends? By: boma57 on Sat, 20 September 2003 19:38
		file sharing, LEGAL w/ friends? By: dufis791 on Sat, 20 September 2003 19:41
		file sharing, LEGAL w/ friends? By: warranto on Sat, 20 September 2003 21:41
		file sharing, LEGAL w/ friends? By: MonkeyPhonic on Sun, 21 September 2003 04:36
		file sharing, LEGAL w/ friends? By: warranto on Sun, 21 September 2003 08:52
		file sharing, LEGAL w/ friends? By: MonkeyPhonic on Sun, 21 September 2003 09:57
		file sharing, LEGAL w/ friends? By: MonkeyPhonic on Sun, 21 September 2003 10:06
		file sharing, LEGAL w/ friends? By: Sir Phoenixx on Sun, 21 September 2003 10:13
		file sharing, LEGAL w/ friends? By: dufis791 on Sun, 21 September 2003 10:19
		file sharing, LEGAL w/ friends? By: Sir Phoenixx on Sun, 21 September 2003 10:34
		file sharing, LEGAL w/ friends? By: warranto on Sun, 21 September 2003 11:02
		file sharing, LEGAL w/ friends? By: dufis791 on Sun, 21 September 2003 12:07
		file sharing, LEGAL w/ friends? By: MonkeyPhonic on Sun, 21 September 2003 12:59
		file sharing, LEGAL w/ friends? By: warranto on Sun, 21 September 2003 14:54
		file sharing, LEGAL w/ friends? By: Sir Phoenixx on Sun, 21 September 2003 15:54
		file sharing, LEGAL w/ friends? By: warranto on Sun, 21 September 2003 16:00
		file sharing, LEGAL w/ friends? By: dufis791 on Mon, 22 September 2003 17:15
		file sharing, LEGAL w/ friends? By: General Havoc on Tue, 23 September 2003 06:48
		file sharing, LEGAL w/ friends? By: NoX on Tue, 23 September 2003 07:32
		file sharing, LEGAL w/ friends? By: warranto on Tue, 23 September 2003 10:54
		file sharing, LEGAL w/ friends? By: Sir Phoenixx on Tue, 23 September 2003 14:57
		file sharing, LEGAL w/ friends? By: setstyle on Thu, 25 September 2003 13:49
		file sharing, LEGAL w/ friends? By: Xtrm2Matt on Thu, 25 September 2003 13:50
		file sharing, LEGAL w/ friends? By: setstyle on Thu, 25 September 2003 13:55
		file sharing, LEGAL w/ friends? By: Nodbugger on Thu, 25 September 2003 15:00
		file sharing, LEGAL w/ friends? By: dufis791 on Thu, 25 September 2003 15:21
		file sharing, LEGAL w/ friends? By: ohmybad on Thu, 25 September 2003 15:41
		file sharing, LEGAL w/ friends? By: Imdgr8one on Thu, 25 September 2003 15:45
		file sharing, LEGAL w/ friends? By: warranto on Thu, 25 September 2003 16:00
		file sharing, LEGAL w/ friends? By: dufis791 on Thu, 25 September 2003 16:12
		file sharing, LEGAL w/ friends? By: warranto on Thu, 25 September 2003 16:17

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