4
   

Copyright Infringement?

 
 
Reply Tue 1 Dec, 2009 08:48 am
I have a used book store and sell original cassette copies of audio books. As most customers have switched to CD format, am I allowed to make one CD copy of these books and sell them along with the original cassette? I am not going to sell these CD copies separately, just with the original cassettes. As most of these audio books are out of print, I am concerned with the legality of making a copy. Thank you
  • Topic Stats
  • Top Replies
  • Link to this Topic
Type: Question • Score: 4 • Views: 3,263 • Replies: 25
No top replies

 
engineer
 
  1  
Reply Tue 1 Dec, 2009 09:10 am
@Campuscoll,
I have no legal background at all, but you are making an unauthorized copy for commercial use. That sounds like a no-no. It sounds like the definition of a no-no. I suggest contacting a lawyer and possibly the manufacturer of the tapes. If you want to do this on a large scale, you might be able to obtain a license and pay royalties. I heard a very good interview on this very topic yesterday. Here's the link.
0 Replies
 
joefromchicago
 
  2  
Reply Tue 1 Dec, 2009 09:48 am
@Campuscoll,
No. You can make archival copies of audio/video materials that you purchase, but you cannot sell copies of those works. So your customers can make those CD copies, not you.
boomerang
 
  1  
Reply Tue 1 Dec, 2009 09:56 am
What if he sells them the casette and gives them the CD?
joefromchicago
 
  2  
Reply Tue 1 Dec, 2009 10:59 am
@boomerang,
Doesn't matter. Only the purchaser is entitled to make a copy for archival purposes. All other copies infringe on the author's copyright.
boomerang
 
  1  
Reply Tue 1 Dec, 2009 11:10 am
Thanks, joe. Copyright law is so complex!
0 Replies
 
sozobe
 
  1  
Reply Tue 1 Dec, 2009 11:21 am
@joefromchicago,
Could he sell the service? Like, sell the cassettes, then have a sign that says that he can convert them to CDs for the customers, after they buy the casssettes? (I couldn't convert cassettes to CDs if I wanted to.)
0 Replies
 
BillRM
 
  1  
Reply Tue 1 Dec, 2009 01:21 pm
@Campuscoll,
Seem off hand as a non-lawyer that you can offer the cassette for sale and also offer a back up service at an added charge.

Just do not bundle them together.

There are companies that will convert your LPs and cassette and 8 tracks into CD for a fee and they had been in open business for at least a decade or so.

Here is link to one out of a number of such companies.

http://www.videoforyou.com/audio_cd.htm

One more time I am not a lawyer the above is just my opinion that you can follow at your own risk or not.



If the RIAA had not been able to shut them down you should be gold.
BillRM
 
  1  
Reply Tue 1 Dec, 2009 01:23 pm
@joefromchicago,
Doesn't matter. Only the purchaser is entitled to make a copy for archival purposes. All other copies infringe on the author's copyright.
-------------------------------------------------------------------------
Given the many many online companies that offer this service I think you are 100 percent wrong.
Merry Andrew
 
  1  
Reply Tue 1 Dec, 2009 01:25 pm
@BillRM,
BillRM wrote:

Doesn't matter. Only the purchaser is entitled to make a copy for archival purposes. All other copies infringe on the author's copyright.
-------------------------------------------------------------------------
Given the many many online companies that offer this service I think you are 100 percent wrong.


Boy, you really have balls, you know that, Bill? YOU, a layman, are telling a lawyer that he's "100 percent wrong" in his knowledge of the law! Now that is hutzpah of a high order.
BillRM
 
  1  
Reply Tue 1 Dec, 2009 01:30 pm
@Merry Andrew,
Boy, you really have balls, you know that, Bill? YOU, a layman, are telling a lawyer that he's "100 percent wrong" in his knowledge of the law! Now that is hutzpah of a high order.
------------------------------------------------------------------------------
First few lawyers are expert in copyright laws second as I stated a google search will show many firms openly offering this service and some of them had been in business for a decade or so and are very large.

Far larger then a book store creating a few cds.

So if he is a lawyer I still think he is wrong.
0 Replies
 
engineer
 
  1  
Reply Tue 1 Dec, 2009 01:43 pm
@BillRM,
I'm not sure the company at the link you posted does copyrighted material. There are lots of companies that copy personal material over, but I don't see any clarification for non-personal material.
BillRM
 
  1  
Reply Tue 1 Dec, 2009 01:54 pm
Below is the position taken by one of the major copying firms.

Second note if it legal for you to do some act why would it not be legal for you to pay for a agent to do the same act for you?

Yes I know the law is not alway rational but as I stated there are many firms that operate openly and this is the position they had taken.

http://dlfmusic.com/faqs.htm

It is important to note that copyright laws do apply. It is legal for an individual to transfer or have some else transfer a single copy for his or her own use, provided the originals are owned by the individual. It is not legal to make multiple copies. DLF Music Transfer will not transfer an lp with the intent of the customer making multiple copies.
DLF Music Transfer assumes that the customer has gained a legal copy of any lp sent to DLF Music Transfer.
DLF Music Transfer transfers lp for your own personal use only. Unless you own a commercial copyright, commercial use is illegal!!!!!
Please contact DLF Music Transfer if you are interested in having multiple copies of a special personal or family lp.
0 Replies
 
BillRM
 
  1  
Reply Tue 1 Dec, 2009 01:59 pm
@engineer,
Take a look at the website they will do a copy as long as you have the LP in question.

Once more if it is legal for you to do a backup then it should be legal under the same conditions and limits for an agent of your to do the backup and that is the position taken by these firms
engineer
 
  1  
Reply Tue 1 Dec, 2009 02:40 pm
@BillRM,
The second link you provided is perfect. I didn't see anything on the first one. Thanks for digging it out.
0 Replies
 
BillRM
 
  1  
Reply Tue 1 Dec, 2009 03:01 pm
@Campuscoll,
One interesting problem is that I am not sure if you can have the backup already done and then sell him or her the backup at the same time as the sale of the tape.

You need to be selling him a backup service from my understanding and surely you can not have more backup cds then you have tapes at the least.

So if anyone buy a tape and not the backup service I would assume you must at least destroy the back up cd at once if you had one created ahead of time.

The two can not be bundle together in my understanding and that fact may made it not worth your time to do.

All this is from a non-lawyer and is just my layman understanding of the law so once more act under your own risk.

0 Replies
 
joefromchicago
 
  2  
Reply Tue 1 Dec, 2009 03:04 pm
@BillRM,
BillRM wrote:

Doesn't matter. Only the purchaser is entitled to make a copy for archival purposes. All other copies infringe on the author's copyright.
-------------------------------------------------------------------------
Given the many many online companies that offer this service I think you are 100 percent wrong.

Let me be clear here: the original poster, as the seller of these cassettes, considered making CD copies and bundling them with the cassette purchases. That, I believe, would be a copyright violation, because only the purchaser is entitled to make a copy of audio/video materials and only for archival purposes. If there is some service out there that is in the business of making archival copies for individuals who have purchased audio/video materials, then I would suppose that that's ok, but then that wasn't what the original poster was talking about. Now, I would imagine that none of these copying services are terribly scrupulous about checking to make sure that they're only making archival copies for bona fide purchasers, but I guess that's sort of like the head shops that say that their bongs are for smoking tobacco. As long as they're offering a service that's legal, it doesn't matter that the service is primarily offered for illegal purposes.
BillRM
 
  1  
Reply Tue 1 Dec, 2009 03:15 pm
@joefromchicago,
making CD copies and bundling them with the cassette purchases
------------------------------------------------------------------------------------
Yes even I knew you can not bundle the two together but once someone buy the cassette they can then turn around and purchase a backup service from him in my understanding. Two transactions not one bundle one.

Now the interesting question is can he had such a copy already done under the condition that he mate the backup copy to the tape and if the customer does not wish the cd he destroy it at once or not?

Waiting to do the backup copy until after the sale would not be very doable to say the least.

All in all it seem not to be worth the effects for the man to do.
0 Replies
 
BillRM
 
  1  
Reply Tue 1 Dec, 2009 03:49 pm
Oh once even more fun fact is for US product LPs older then the year 1972 there is no copyright protection on them!

You can surely get a headache looking at the copyrights laws.

joefromchicago
 
  2  
Reply Tue 1 Dec, 2009 04:59 pm
@BillRM,
BillRM wrote:

Oh once even more fun fact is for US product LPs older then the year 1972 there is no copyright protection on them!

Such recordings may be subject to state or international copyright protections.
 

Related Topics

 
  1. Forums
  2. » Copyright Infringement?
Copyright © 2020 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.03 seconds on 08/08/2020 at 12:56:43