Copyright & Home Copying. Technology Challenges the Law
DIANE Publishing, 1989 - 303 lappuses
Home recording technologies allow today's consumer to make near-perfect copies of recorded music, television shows, movies, and other copyrighted works for private use at home. With the advance of digital recording equipment, consumers will be able to reproduce these copyrighted works with even greater accuracy. This is an issue of great concern for copyright owners, who claim that home copying is detrimental to their sales. This report presents an examination of home recording technologies and their relationship to the legal status of home copying, a comparison of the economic effects that home audiotaping may have on the recording industry with the effects that restricting home taping might have on consumers, a discussion of legal action that Congress or the industry may initiate, and the results of a national survey of home taping and copying behavior. The report is divided into seven chapters: (1) Summary, Issues, and Options; (2) Technological Change and Home Copying; (3) Legal Aspects of Copyright and Home Copying; (4) An Overview of the U.S. Record Industry; (5) Copyright Royalties for Music and Sound Recording; (6) The OTA (Office of Technology Assessment) Survey; and (7) Economic Perspectives on Home Copying. Appendixes contain a description of the survey development and review, a copy of the survey questionnaire, OTA survey tables, and a list of contractor reports related to the study. (MAB)
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00 Not sure albums analog and/or artist ASCAP audio recording audio tape blank tapes blank-tape broadcast cable compact disc compulsory license Congress consumers copy protection copyright holders copyright law copyright owner cording costs courts distribution economic electronic Enclosure with comments estimates fair fair-use footnote Harry Fox Agency home audio copying home audiotaping home copying home taping homemade tapes household infringement intellectual property legislation levy listening made-tape material music taping option originals OTA survey past month percent performing rights Performing Rights Societies player prerecorded cassettes prerecorded formats prerecorded music prerecorded tape private copying producers programs publishers purchased questions radio recorded music recording company recording industry reported respondents revenues RIAA royalties sample SESAC SKIP TO Q songwriters sound recordings sumers survey found tapers taping from prerecorded television tion U.S. Congress videocassette videocassette recorder videotape
169. lappuse - ... (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
112. lappuse - performing rights society" is an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of copyright owners of such works, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc. "Phonorecords...
76. lappuse - Section 101 defines a copy as a material object "in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device".
75. lappuse - Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights...
76. lappuse - Under the bill it makes no difference what the form, manner, or medium of fixation may be whether it is in words, numbers, notes, sounds, pictures, or any other graphic or symbolic indicia, whether embodied in a physical object in written, printed, photographic, sculptural, punched, magnetic, or any other stable form, and whether it is capable of perception directly or by means of any machine or device "now known or later developed.
65. lappuse - Congress shall have power to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries, and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.
83. lappuse - computer program" is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.
83. lappuse - ... fifty years from the making of the original plate from which the contrivance was directly or indirectly derived, and the person who was the owner of such original plate at the time when such plate was made shall be deemed to be the author of the work...