[bct] Copyright Question

  • From: Tim Cross <tcross@xxxxxxxxxxxxxxx>
  • To: blindcooltech@xxxxxxxxxxxxx
  • Date: Tue, 9 May 2006 18:44:17 +1000

The record companies are never going to allow you to make money from
their work. If you wanted to setup a website to allow people to
download music, you would have to pay royalties for each item

Bottom line, when you purchase a CD, you are NOT buying the copyright
of that music, that remains with the performer or in most cases, the
record company. You are not the creator of the work and are therefore
not entitled to make money from it unless you pay royalties to the
owner of the copyright. 

In Australia, copyright covers the creator of the work for 50 years
after their death. If the copyright is owned by a company, then it
probably exists for longer. 

The change in law for Australia is simply to allow "fair use". The
existing law actaully makes it illegal for you to make copies of
copyright material, even if its just for your own use. The change will
alllow you to make copies for your own private use. It will not allow
you to make money or distribute copies in any way. 

The law is unlikely to ever change to allow you to make money from
someone elses effort and nor should it. I'd give up your dreams of
running an 80's music website unless you want to do it illegally, in
which case, you will almost certainly get sued. This has already
happened in Australia. 

marvin hunkin writes:
 > Hi.
 > now just wondering with the relaxation of laws, that will make it legal for 
 > us to in our own private homes, able to tape tv shows, from video, and dvd,
 > and able to convert music in any format, to listen to.
 > now, was developing a 80s music site, and had burned my own copies of 80s 
 > tracks, from cda to mp3 format.
 > now, did e-mail the record companies, in australia, and have them on the 
 > hard disk.
 > now, was wondering, if i did put them on a server, even though the tracks 
 > are 17 to 26 years old, why would i have to pay royalties to the copyright 
 > holders,
 > or the record companies.
 > would like to allow people to download my tracks, but got the third degree 
 > from the four main record companies in australia, that it would be illegal.
 > now being an honest guy and a christian, would not do that.
 > so here are some questions:
 > 1. what would happen, if i did pay copyright or royalties, then would  i be 
 > able to say make my site into a business, and charge for downloads?
 > 2. how would i do that, in a legal way, to cover my self?
 > 3. now, if other people, say in australia, or overseas, know it is illegal, 
 > but put up their music collections from the 70s and 80s, which there are 
 > heaps
 > of sites, and music downloads, what would be the rammifcations, of that 
 > illegally?
 > would i be prosecuted?
 > just food for thought.
 > would really love to do this, but still illegal.
 > if any lawyers on this list, or know of any, could they give their 2 cents 
 > worth on this issue.
 > would really love to do this, but cannot do this, until they either change 
 > the law, or make it possible, for us individuals to do this legally.
 > cheers Marvin.

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