Hi
A copyright is a form of intellectual property that grants its holder
the sole legal right to copy their works of original expression, such
as a literary work, movie, musical work or sound recording, painting,
computer program, or industrial design, for a defined period of time.
A Copyright is an unregistered right (unlike patents, registered
designs or trade marks). There is no official action to take, (no
application to make, forms to fill in or fees to pay). Copyright comes
into effect immediately, as soon as something that can be protected is
created and "fixed" in some way, on paper, on film, via sound
recording, as an electronic record on the internet, etc.
The Right to Back Up Digital Media:
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In 1980, Congress passed the Computer Software Copyright Act, which
included an express provision allowing the purchasers of software to
copy that software for backup purposes:
"It is not an infringement for the owner of a copy of a computer
program to make or authorize the making of another copy or adaptation
of that computer program provided ... that such new copy or adaptation
is for archival purposes only and that all archival copies are
destroyed in the event that continued possession of the computer
program should cease to be rightful.
Any exact copies prepared in accordance with the provisions of this
section may be leased, sold, or otherwise transferred, along with the
copy from which such copies were prepared, only as part of the lease,
sale, or other transfer of all rights in the program. ...
This has been restated in two separate cases since 1980, and the right
of the owner of a purchased copy of software to make backup copies of
digital media was affirmed by both courts. Implicit in this law are
two ideas that are similar to the ideas implied by the AHRA. First,
what the consumer buys with a copy of a software program is the right
to use and copy that program, particularly if the copying is for
archival purposes. Second, the market for replacement copies of a copy
of a computer program to replace an existing copy that a consumer
already owns is a substantially less important market than the market
for the first copy purchased by the consumer"
http://www.mtu.com/support/copyright-notes.htm
The Audio Home Recording Act:
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"In 1992, Congress passed the Audio Home Recording Act34 ("AHRA"), an
amendment to the federal copyright law. Under the AHRA, all digital
recording devices must incorporate a Serial Copy Management System
("SCMS").35 This system allows digital recorders to make a
first-generation copy of a digitally recorded work, but does not allow
a second-generation copy to be made from the first copy (users may
still make as many first-generation copies as they want). The AHRA
also provides for a royalty tax36 of up to $8 per new digital
recording machine and 3 percent of the price of all digital audiotapes
or discs.37 This tax is paid by the manufacturers of digital media
devices and distributed to the copyright owners whose music is
presumably being copied.38 In consideration of this tax, copyright
owners agree to forever waive the right to claim copyright
infringement against consumers using audio recording devices in their
homes. This is commensurate with the fair use exception to copyright
law, which allows consumers to make copies of copyrighted music for
non-commercial purposes. The SCMS and royalty requirements apply only
to digital audio recording devices. Because computers are not digital
audio recording devices, they are not required to comply with Serial
Copy Management System requirement."
http://www.law.duke.edu/journals/dltr/articles/2002dltr0023.html
Copyright and Digital Files:
=============================
"Can I backup my computer software?
Yes, under certain conditions as provided by section 117 of the
Copyright Act. Although the precise term used under section 117 is
"archival" copy, not "backup" copy, these terms today are used
interchangeably. This privilege extends only to computer programs and
not to other types of works.
Under section 117, you or someone you authorize may make a copy of an
original computer program if:
the new copy is being made for archival (i.e., backup) purposes only;
you are the legal owner of the copy; and
any copy made for archival purposes is either destroyed, or
transferred with the original copy, once the original copy is sold,
given away, or otherwise transferred.
You are not permitted under section 117 to make a backup copy of other
material on a computer's hard drive, such as other copyrighted works
that have been downloaded (e.g., music, films).
It is also important to check the terms of sale or license
agreement of the original copy of software in case any special
conditions have been put in place by the copyright owner that might
affect your ability or right under section 117 to make a backup copy"
http://www.copyright.gov/help/faq/faq-digital.html
In other words you are entitled by law to make one (1) backup of a
copyrighted CD as long as you are the legal owner of that copyrighted
cd.
Once you sell or give away your legal ownership of that copyrighted CD
you are not entitled to keep your backup/archive copy and must by law
destroy your backup copy.
"Fair Use"
============
Section 107 contains a list of the various purposes for which the
reproduction of a particular work may be considered ?fair,? such as
criticism, comment, news reporting, teaching, scholarship, and
research. Section 107 also sets out four factors to be considered in
determining whether or not a particular use is fair:
the purpose and character of the use, including whether such use is of
commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the
copyrighted work.
The distinction between ?fair use? and infringement may be unclear and
not easily defined. There is no specific number of words, lines, or
notes that may safely be taken without permission. Acknowledging the
source of the copyrighted material does not substitute for obtaining
permission
http://www.copyright.gov/fls/fl102.html |
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