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US Copyright Law and the Audio Home Recording Act
"Members of the music and recording industries, including the Recording Industry Association of America ("RIAA"), claim that MP3 "traffickers" are violating U.S. copyright law. RIAA is an industry group that represents more than 500 companies that engage in the creation, manufacturing and distribution of music. Company members include Sony Music Entertainment, Inc. and the Warner Music Group. RIAA is leading the fight to require MP3 web sites to obtain proper licenses and pay legally mandated royalties.
U.S. Copyright Law
To understand the MP3 controversy, you need to know a little bit about copyright law.
The U.S. Copyright Act of 1976, as amended, provides protection for "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device."
Copyright law provides that the creator of a work owns the copyright. When a musician owns the exclusive right to a piece of work, copyright law allows the artist to do just about anything with her creation. She can copy it, sell it, give it away or perform it."
The Audio Home Recording Act
In 1992, Congress passed the Audio Home Recording Act (AHRA). This is the law that allows you to make an audio recording for your own, noncommercial use.
"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.39 This is commensurate with the fair use exception to copyright law, which allows consumers to make copies of copyrighted music for non-commercial purposes.40 The SCMS and royalty requirements apply only to digital audio recording devices.41 Because computers are not digital audio recording devices, they are not required to comply with Serial Copy Management System requirement.42" Music Piracy and the audio home recording act
Digital Audio Home Recording
Q. In recent congressional testimony, the Chairman of the Recording Industry Association of America ("RIAA") said that it is not "fair use" to make a copy of your own CD to play in your car. Does any law or court case say this?
A. No. Audio home recording is covered by the general principles of fair use recognized in the Betamax case. In the HRRC view, the law as interpreted by the Supreme Court protects the sale of home recording devices, both video and audio, to consumers, and recognizes that the fair use rights of consumers include private, noncommercial home recording, such as making a tape for your car.
LEGAL DISCLAIMER
I am not a lawyer, please don't mistake information on this page for legal advice. This site is not intended to be legal advice or a substitute for obtaining legal advice from a licensed attorney. No guarantee or warranty, express or implied, is given with regard to the current accuracy of any information provided.
