RIAA: Copying CDs to your iPod not protected under fair use
Tuesday, February 21, 2006 by Frogboy | Discussion: WinCustomize News
In an effort to ensure that nobody is sympathetic to it, the RIAA's filing to the US copyright office indicates that it does not support people beig able to take their legally purchased CDs and copy that music onto their legally purchased iPod even if they are the only one using it.
Ripping music from CDs and transferring it to an iPod does not constitute fair use, according to a document filed by the major record companies.
In a filing to the US Copyright Office, the Recording Industry Association of America (RIAA) attempts to undo a statement it made in court during the recent successful prosecution of the Grokster p2p company.
In court RIAA lawyer Don Verrilli said: 'The record companies 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.'
However in the Copyright Office filing the RIAA takes a contrary view.
'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,' it argues. 'In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorisation, not about fair use.'
In other words, explained Fred von Lohmann, senior staff attorney for the EFF, a leading digital rights campaign organisation, if you want to copy a CD to your iPod, get permission first.
As one of the people who actually does not pirate music but buys it legally, this really gets on my nerves. At some point, EVERYONE becomes a criminal in the RIAA's book. The idea that I can't take my legally purchased Star Wars CDs and put them onto my computer to listen to in iTunes is absurd.
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