F-ck Casey
02-16-2006, 07:03 PM
RIAA: CD ripping isn't fair use
The RIAA has filed comments with a federal agency in which they claim that ripping a CD isn't fair use.
As part of the on-going DMCA rule-making proceedings, the RIAA and other copyright industry associations submitted a filing that included this gem as part of their argument that space-shifting and format-shifting do not count as noninfringing uses, even when you are talking about making copies of your own CDs:
"Nor does the fact that permission to make a copy in particular circumstances is often or even routinely granted, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization. In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorization, not about fair use."
For those who may not remember, here's what Don Verrilli said to the Supreme Court last year:
"The record companies, my clients, have said, for some time now, and it's been on their website for some time now, that it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod."
http://www.eff.org/deeplinks/archives/004409.php
http://www.boingboing.net/2006/02/15/riaa_cd_ripping_isnt.html
Update: AV points out that the RIAA website contradicts this: "If you choose to take your own CDs and make copies for yourself on your computer or portable music player, that's great. It's your music and we want you to enjoy it at home, at work, in the car and on the jogging trail."
http://www.riaa.com/issues/ask/default.asp#stand
The RIAA has filed comments with a federal agency in which they claim that ripping a CD isn't fair use.
As part of the on-going DMCA rule-making proceedings, the RIAA and other copyright industry associations submitted a filing that included this gem as part of their argument that space-shifting and format-shifting do not count as noninfringing uses, even when you are talking about making copies of your own CDs:
"Nor does the fact that permission to make a copy in particular circumstances is often or even routinely granted, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization. In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorization, not about fair use."
For those who may not remember, here's what Don Verrilli said to the Supreme Court last year:
"The record companies, my clients, have said, for some time now, and it's been on their website for some time now, that it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod."
http://www.eff.org/deeplinks/archives/004409.php
http://www.boingboing.net/2006/02/15/riaa_cd_ripping_isnt.html
Update: AV points out that the RIAA website contradicts this: "If you choose to take your own CDs and make copies for yourself on your computer or portable music player, that's great. It's your music and we want you to enjoy it at home, at work, in the car and on the jogging trail."
http://www.riaa.com/issues/ask/default.asp#stand