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- Xref: sparky misc.legal.computing:2291 comp.org.eff.talk:7146 misc.int-property:1475
- Newsgroups: misc.legal.computing,comp.org.eff.talk,misc.int-property
- Path: sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!tenney
- From: tenney@netcom.com (Glenn S. Tenney)
- Subject: Re: S893 - Copyright infringement a felony
- Message-ID: <1992Nov20.074112.27955@netcom.com>
- Keywords: copyright infringement felony
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <1992Nov19.092752.14326@netcom.com> <1992Nov19.104558.16218@netcom.com> <1992Nov19.184835.4749@netcom.com>
- Date: Fri, 20 Nov 1992 07:41:12 GMT
- Lines: 36
-
- In article <1992Nov19.184835.4749@netcom.com> strnlght@netcom.com (David Sternlight) writes:
- >
- >Glenn Tenney suggests that copying course tapes from a lending library
- >for personal time-shifting use is financial gain to the extent
- >of the commercial value of such tapes (I suppose, not to pick a nit,
- >less the cost of one's blank tape).
- >
- >How is this different from time-shifting of HBO movies one has paid
- >the HBO fee for?
-
- The Sony Betamax case established time-shifting of TV shows as being
- fair use. I don't recall any similar cases relating to audiotapes.
-
- I don't have your hypo handy, but it might be easily fair use if
- you copied those 100 tapes to play WHILE you had the library copies
- checked out. I thought that your hypo was that you checked out,
- copied, then returned the tapes before playing them. If that's
- the case, then I definitely see it as potentially infringing --
- not that many of us don't do it!
-
- In a very simplistic sense, imagine if every patron of your local
- library had copies of 100 tapes. Wouldn't you see that as at
- the least a problem for the property owner?
-
- >
- >Is there a distinction between public libraries one has paid for in taxes
- >and a private library one pays a fee to?
-
- Yes, as I recall.
-
-
-
- --
- Glenn Tenney
- voice: (415) 574-3420 fax: (415) 574-0546
- tenney@netcom.com Ham radio: AA6ER
-