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Subject: Re: "Tristan" Recordings
From: Marc Shepherd <[log in to unmask]>
Reply-To:Marc Shepherd <[log in to unmask]>
Date:Sat, 6 Jan 2018 15:46:07 -0500

text/plain (76 lines)

This is not accurate.

Yes, it remains totally legal to record a performance off the air for your
personal use.

*Criminal* infringement requires, among other things, copying for
commercial gain. So, *giving* a copy to someone else is not a criminal act.
It could *in theory* result in a civil infringement suit, but bear in mind:
1) The copyright holder needs to (somehow) find out about it; 2) The
infringement needs to be sufficiently harmful (to them) that it is worth
their while to sue.

Fair use remains a legitimate defense to infringement. Recording for
personal use is such a defense; and bear in mind, the recording industry
fought it vigorously before they eventually lost in the Supreme Court. It
is likely that many examples of “giving the recording away” would also be
considered “fair”; not all have been legally tested. If it were up to
copyright holders, no use (other than paying them for it) would be
considered “fair.”

While any infringement for commercial gain *technically* triggers the
possibility of prosecution, in practice the government only bothers to go
after those who do so on a large scale. They don’t ticket every jaywalker,

On Sat, Jan 6, 2018 at 3:28 PM, Les Mitnick <[log in to unmask]> wrote:

> If this law were enforced, the judicial system of this country would be
> bogged down with law suits until Judgement Day and the vast majority of the
> population would be classified as criminals, including children as young as
> seven.  This is one of the first things they learn about as well as how do
> to it.
> > On January 6, 2018 at 2:04 PM "Max D. Winter" <[log in to unmask]>
> wrote:
> >
> > "Please correct me if I am wrong but I thought off air recordings were
> fine
> > as long as they remain for personal use.  (I know this is a little bit
> > apples and oranges but...)  The line is crossed, however, when the
> off-air
> > recordings are sold because then it becomes more a contested issue of who
> > owns the product:  the phantom airwaves or the house."
> >
> > Actually, the line is crossed when someone takes an off-air recording
> made for personal use
> > and makes a copy for someone else.  It makes no difference whether the
> transaction involved
> > payment.  That is why the copyright warnings at the beginning of DVDs,
> re duplication,
> > include the words, "whether or not for profit."
> >
> > So, you can make a recording for your own personal use and listening.
> But you cannot legally
> > duplicate that recording and give it to someone else without
> transgressing copyright law.
> >
> > Not that this has stopped anyone from sharing or selling live opera
> recordings!

Marc Shepherd
New York, NY

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