Legal Question in Intellectual Property in California

Duplication of audio

What is the legal position in terms of copyright law, if i offer the following services to people. They will bring their old vinyl records and I will make a one cd copy per record for a fee? The point being, they can store their vinyls and have the cd's to listen to. I understand that duplicating copyrighted material is not automatically illegal. That other things such as intention to distribute etc.. are important. My question is, are their guidelines to follow in order to stay within the law or is it strictly illegal to profit off duplication?

Clearly, the answer I'd expect is in relation to U.S. law but since I am in the UK at the moment I wonder if there is anyone with knowledge of the U.K. position.

BTW: Most software suites for recording CD's boast about their ability to record old vinyl records and cassettes. Is this legally misleading.

I'd appreciate a response.

Thanks.


Asked on 2/09/99, 12:55 pm

1 Answer from Attorneys
Timothy J. Walton Internet Attorney

Re: Duplication of audio

US LAW - I know nothing of UK law

Federal copyright protection makes it unlawful to copy records without authorization unless the work has entered the public domain. Whether a work has entered the public domain is a confusing issue because over the years, Congress has changed the law many times. Old laws still apply to old recordings, so there is no uniform method of determining whether something is in the public domain.

The business model you propose is very risky because it is most likely to involve more recent recordings rather than older recordings. While most 78 rpm records are probably now in the public domain, many of the popular records from the fities and sixties will still be protected.

Whether you intend to profit or not is irrelevant. Mode of distribution is irrelevant. Unless you can show fair use (and I don't think you can under the facts you have given above), copying of protected works is illegal and can subject you to fines and/or jail, in addition to civil penalties.

Timothy J. Walton

Internet Attorney

1896 San Ramon Avenue


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Answered on 2/09/99, 3:05 pm


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