archiving cassette tapes

[Daniel Marsh]

I own Christian music on cassette tapes.    Under fair use, I know that I can make a back up on cd for personal use only.   None of the cds or tapes will be given to anyone else or in any way sold to anyone.    How do I go about making a back up cd?

Thanks,

Daniel

[Daniel Marsh]

"In addition to making a backup copy of software, it is legal to make a backup copy of a CD or DVD so that you can continue to enjoy the copyrighted material if your original copy fails. It is illegal to make copies of CDs or DVDs if you intend to distribute them to third parties, even by giving them away"  https://legalbeagle.com/12719622-dmca-backup-of-copyrighted-content.html

"

4. Relevant Copyright Exceptions

Copyright rights are not absolute; they are subject to a number of limiting principles and exceptions. Those principles most relevant to the creation of a digital archive are as follows:

1. 1. The exception for certain archival and other copying by libraries and archives in section 108 of the Copyright Act. Libraries and archives are permitted to make up to three copies of an unpublished copyrighted work “solely for purposes of preservation and security or for deposit for research use in another library or archives.”¹⁷ The work must be currently in the collections of the library or archives, and any copy made in digital format may not be made available to the public in that format outside the library premises.Libraries and archives may also make up to three copies of a published work to replace a work in their collections that is damaged, deteriorating, or lost, or whose format has become obsolete, if the library determines that an unused replacement cannot be obtained at a fair price. Copies in digital format, like those of unpublished works, may not be made available to the public outside the library premises.¹⁸Even if copying a work is not expressly allowed by section 108, it may still be permitted under the fair-use doctrine. However, the privileges under section 108 do not supersede any contractual obligations a library may have with respect to a work that it wishes to copy.¹⁹
   2. Fair use is the copyright exception with which people are often most familiar. Whether a use is “fair” depends on the facts of a particular case. Four factors must be evaluated when such decisions are made. The first factor is the purpose and character of the use. Among the considerations is whether the use is for commercial or for nonprofit educational purposes. Works that transform the original by adding new creative authorship are more likely to be considered fair use than those that do not; however, even a reproduction can be considered a fair use in some circumstances. The second factor is the nature of the copyrighted work. The scope of fair use is generally broader for fact-based works than it is for fanciful works, and broader for published works than for unpublished ones.²⁰ The third fair use factor is the amount and substantiality of the portion used. Generally, the more that is taken, the less likely it is to be fair use, but there are situations in which making complete copies is considered fair.²¹ The fourth factor is the effect on the potential market for or value of the copyrighted work. A use that supplants the market for the original is unlikely to qualify as fair.Certain uses are favored in the statute; they include criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, and research. A nonprofit digital archive for scholarly or research use, for example, would be favored by the law. However, favored uses are not automatically deemed fair, and other uses are not automatically deemed unfair. The four factors discussed earlier must be evaluated in each case.Some users become frustrated because there is no magic formula to determine whether a use is fair. However, the same flexibility that sometimes makes it difficult to predict whether a use will be considered fair also allows the statute to evolve through case law with new circumstances and new types of uses. A statute that provided greater certainty would inevitably be more rigid.
   3. Section 117 allows the owner of a copy of a computer program to make an archival copy of that program.²² This section, however, applies only to computer programs, not to all works in digital form.²³

 

1. As discussed in section 3, the first sale doctrine prevents the copyright owner from controlling the disposition of a particular copy of a work after the initial sale or transfer of that copy. The first sale doctrine enables, for example, library lending and marketing in used books."
2. https://www.clir.org/pubs/reports/pub112/body/

My personal knowledge of fair use is that of being a teacher.

If you come across anything more up to date that relates, please inform me.   I have no wish to violate the law.

[Daniel Marsh]

please moderators let me know if I am right or wrong about archiving or not. 

[Alive]

Its not a good idea for us to dispense legal advise, but I think you have your answer in what you posted.

[Knotical]

Without diving into the whole copyright debate I will tell you that if you are able to copy the music that you have onto a computer you can then physically make as many copies as you wish.  I personally would not put them on other CD's as that is kind of becoming obsolete.

Something else to consider is a streaming platform like Spotify.  If you can find the music you normally listen to on there you won't have to make copies of your music collection.

Legally speaking, you can pretty much do whatever you want with what you have as long as you are not looking to distribute the copies you are making, or charge people to listen to it (like a DJ at a party).  Then you will run into pirating issues that can get you into legal trouble.

[other one]

On 7/13/2020 at 7:22 PM, Daniel Marsh said:

I own Christian music on cassette tapes.    Under fair use, I know that I can make a back up on cd for personal use only.   None of the cds or tapes will be given to anyone else or in any way sold to anyone.    How do I go about making a back up cd?

Thanks,

Daniel

when i was 12 (61 years ago) i bought a 10 inch real to real recorder.  first play on every record or tape i bought my whole life went on those tapes.  a bit over 10 years ago i bought a recording program (Sony Sound Forge STUDIO)  I recorded all those tapes on my computer and transferred them to my phone to listen to away from  home.  it is my understanding that is legal to do as long as i do not let anyone else have them.   I do keep the computer files backed up for i have a lot of time involved since there are a bit over 1,900 individual songs and a bit over 14 gigabytes of files.   it would take too many CD's to hold them so i use remote hard drives and carbonite.  it is almost impossible to find good original music from the late 50's to mid 70's.  i have blue-toothed my phone to my car radio and drove from Oklahoma to Vancouver BC and not hear the same song twice.

 

edited to add that i am listening to B J Thomas's Hooked on a Feeling while writing this...

 

Edited July 15, 2020 by other one

[other one]

Supreme s "Hooked on a Feeling was next.

 

[other one]

[other one]

[Daniel Marsh]

12 hours ago, Knotical said:

Without diving into the whole copyright debate I will tell you that if you are able to copy the music that you have onto a computer you can then physically make as many copies as you wish.  I personally would not put them on other CD's as that is kind of becoming obsolete.

Something else to consider is a streaming platform like Spotify.  If you can find the music you normally listen to on there you won't have to make copies of your music collection.

Legally speaking, you can pretty much do whatever you want with what you have as long as you are not looking to distribute the copies you are making, or charge people to listen to it (like a DJ at a party).  Then you will run into pirating issues that can get you into legal trouble.

what is Spotify?   is it legal?