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Old 15-09-2006, 02:27 AM   #1
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Digital Music Copyright laws

As we all know these laws are enforced and people do go to jail if they are broken. Know these, and do not break them, you will be banned in the blink of an eye because threedy / 3dtotal does not support copyright infringement!

Consists of 4 laws:

The Audio Home Recording Act of 1992 (AHRA)

The Digital Performance Right in Sound Recordings Act of 1995 (DPRA)

The Digital Millennium Copyright Act (DMCA)

No Electronic Theft Law (NET Act)


The Audio Home Recording Act of 1992 (AHRA) This 1992 legislation exempts consumers from lawsuits for copyright violations when they record music for private, noncommercial use; eases access to advanced digital audio recording technologies; provides for the payment of modest royalties to songwriters and recording artists and companies; and mandates the inclusion of serial copying management technology in all consumer digital audio recorders to limit multi-generation audio copying (i.e., making copies of copies).

In general, the AHRA covers devices that are designed or marketed for the primary purpose of making digital musical recordings. Digital audio cassette players, minidisc players, and DAT players are devices covered by the AHRA. This law will also apply to all future digital audio recording technologies, so Congress will not be forced to revisit the issue as each new product becomes available.

The AHRA provides that manufacturers (not consumers) of covered devices must:

• register with the Copyright Office;
• pay a statutory royalty on each device and piece of media sold;
• implement serial copyright management technology (such as SCMS) which prevents the production of copies of copies.

In exchange for this, the manufacturers of the devices receive statutory immunity from infringement based on the use of those devices by consumers.

Multipurpose devices, such as a general computer or a CD-ROM drive, are not covered by the AHRA. This means that they are not required to pay royalties or incorporate SCMS protections. It also means, however, that neither manufacturers of the devices, nor the consumers who use them, receive immunity from suit for copyright infringement.

Click here for additional information: http://www4.law.cornell.edu/uscode/17/ch10.text.html

The Digital Performance Right in Sound Recordings Act of 1995 (DPRA)
For nearly 30 years, the RIAA has been fighting to give copyright owners of sound recordings the right to authorize public performances of their work. Before the passage of the Digital Performance Right in Sound Recordings Act of 1995, sound recordings were the only U.S. copyrighted work denied the right of public performance. All that has now changed.

This law allows copyright owners of sound recordings the right to authorize certain digital transmissions of their works, including interactive digital audio transmissions, and to be compensated for others. As amended by the Digital Millennium Copyright Act in 1998, the right now covers cable and satellite digital audio services, webcasters, and future forms of digital transmission. Most non-interactive transmissions are subject to statutory licensing at rates to be negotiated or, if necessary, arbitrated. Exempt from this bill are traditional radio and television broadcasts and transmissions to business establishments.

The Digital Millennium Copyright Act (DMCA) This landmark legislation has its origins in the 1996 World Intellectual Property Organization's Diplomatic conference in Geneva, attended by more than 160 nations. There, two new treaties were negotiated (see International Law section) that represent the most important overhaul of international copyright law in the last quarter century. The treaties raise the minimum standards for copyright protection worldwide and make it easier to fight piracy of American products overseas.

Although U.S. copyright law already met the treaties’ standards, legislation was needed to meet the treaties’ prohibition of devices used to undermine electronic "locks." The Digital Millennium Copyright Act (DMCA) (among other things) does just that, among other things, by prohibiting the manufacture and distribution of devices designed for the sole purpose of undermining technology used to protect copyrighted works.

The DMCA law also delineates the responsibilities of Internet service providers (ISPs) in cases of infringement online. For example, the law formalizes a notice and takedown procedure between ISPs and copyright owners. It is now clear that when an ISP is aware it is posting or transmitting infringing content, the ISP must act to remove the infringing works or it may be liable for any resulting damages.

The DMCA also contains the key agreement reached between the RIAA and a coalition of webcasters and satellite audio delivery services. This section provides for a simplified licensing system for digital performances of sound recordings, such as those on the Internet and through satellite delivery. This part of the DMCA provides a statutory license for non-interactive non-subscription digital audio services with the primary purpose of entertainment, if terms of the license are met. Such a statutory licensing scheme guarantees webcasters and satellite services access to music without obtaining permission from each and every sound recording copyright owner individually and assures record companies an efficient means to receive compensation for sound recordings.

The greatest gains from the DMCA will be realized internationally. This law is a model for ratification and implementation of the WIPO treaties in other countries, where protection of sound recordings online is not sufficient. Formal U.S. ratification of the treaty package moves the worldwide ratification effort closer to the 30 countries that must ratify the treaties for them to take legal effect.

Click here for additional information: http://lcweb.loc.gov/copyright/legislation/dmca.pdf

No Electronic Theft Law (NET Act)
sets forth that sound recording infringements (including by digital means) can be criminally prosecuted even where no monetary profit or commercial gain is derived from the infringing activity. Punishment in such instances includes up to 3 years in prison and/or $250,000 fines. The NET Act also extends the criminal statute of limitations for copyright infringement from 3 to 5 years.

Additionally, the NET Act amended the definition of "commercial advantage or private financial gain" to include the receipt (or expectation of receipt) of anything of value, including receipt of other copyrighted works (as in MP3 trading). Punishment in such instances includes up to 5 years in prison and/or $250,000 fines. Individuals may also be civilly liable, regardless of whether the activity is for profit, for actual damages or lost profits, or for statutory damages up to $150,000 per work infringed.

Click here for additional information:http://thomas.loc.gov/cgi-bin/bdquer...5:HR02265:@@@L
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Long ago I was a Forum Administrator
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