RIAA Says Ripping CDs to Your iPod is NOT Fair Use

[mgraham333]

RIAA Says Ripping CDs to Your iPod is NOT Fair Use

February 15, 2006

It is no secret that the entertainment oligopolists are not happy about space-shifting and format-shifting. But surely ripping your own CDs to your own iPod passes muster, right? In fact, didn't they admit as much in front of the Supreme Court during the MGM v. Grokster argument last year?

Apparently not.

As part of the on-going DMCA rule-making proceedings, the RIAA and other copyright industry associations submitted a filing that included this gem as part of their argument that space-shifting and format-shifting do not count as noninfringing uses, even when you are talking about making copies of your own CDs:

"Nor does the fact that permission to make a copy in particular circumstances is often or even routinely granted, necessarily establish that the copying is a fair use when the copyright owner withholds that authorization. In this regard, the statement attributed to counsel for copyright owners in the MGM v. Grokster case is simply a statement about authorization, not about fair use."

For those who may not remember, here's what Don Verrilli said to the Supreme Court last year:

"The record companies, my clients, have said, for some time now, and it's been on their website for some time now, that it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod."

If I understand what the RIAA is saying, "perfectly lawful" means "lawful until we change our mind." So your ability to continue to make copies of your own CDs on your own iPod is entirely a matter of their sufferance. What about all the indie label CDs? Do you have to ask each of them for permission before ripping your CDs? And what about all the major label artists who control their own copyrights? Do we all need to ask them, as well?

P.S.: The same filing also had this to say: "Similarly, creating a back-up copy of a music CD is not a non-infringing use...."

Source

[Neal Pomea]

The text of RIAA's statement is at http://www.copyright.gov/1201/2006/reply/11metalitz_AAP.pdf.

Page 31 of 54 is the section on format shifting.

I believe the crux of this particular argument goes something like this:

1. The Register asked for people to propose classes of works that should be exempt from the prohibition on ciricumventing copyright protection systems. Someone proposed that fair uses of works should be exempt, but that is not what the Register asked for, so it is moot. Not which types of uses, which types of works.

Technically, I think that is correct. Poor wording of the question by the Register lets this squeak through.

2. The parties promoting format shifting have not shown that copyright protection systems have an adverse affect on non-infringing uses.

The RIAA is relying on the Register's earlier comments that it is doubtful whether a fair use claim that format shifting is non-infringing would hold up in court.

Why don't we find out? I would dread the outcome of such an attempt! Some conservative activist judge who's a registered Whig or some kind of throwback like that is liable to conclude that all those cassette tapes we made for our cars before CDs were absolutely illegal!

Edited February 16, 2006 by It Should be You

[kh1958]

I'm not a copyright lawyer, but I thought the Supreme Court resolved this issue already in the Sony Betamax case, concluding that it is not infringement to make a tape copy of a public broadcast for your private use. So that the even more favorable facts of copying a CD one has paid for should not be a real issue. The industry is stupid, greedy, and has a death wish, it appears.

[GA Russell]

The industry is stupid, greedy, and has a death wish, it appears.

And speaking of death wish, I suppose you saw that the amateurs of American Idol clobbered in the Nielsen ratings the "stars" on the Grammy Awards show.

Our discussion on the Grammy show was about how bad it was. But for American Idol to do so well suggests to me tht most Americans didn't bother to tune in to the Grammys in the first place. The people are speaking, and they don't want the stars even for free, apparently.

[Christiern]

RIAA is the music's worst enemy--a greedy, tone deaf organization that cannot see beyond the bottom line.

[Christiern]

GA Russell: "And speaking of death wish, I suppose you saw that the amateurs of American Idol clobbered in the Nielsen ratings the "stars" on the Grammy Awards show."

Amateurs made up the majority at the Grammy show; they pose as professionals, but they are mostly the product of bribes, payoffs, and the tin-eared accountants and attorneys who have taken over the music industry. We have reached a point where someone with little more than a decent voice and good looks is readily hailed as brilliant.

What the Grammy show needs is quality control--that would quickly eliminate most of the mediocre screamers, regrettable rappers, and--while I'm at it--painfully bad TV production. Hey, it might even encourage real talent to step forward.

[Chuck Nessa]

for everything CA said.

[BruceH]

If I'm not allowed to download some of my CD's onto my iPod, then why the heck should I BUY and iPod????

[catesta]

for everything CA said.

Most definitely.

[JSngry]

If I'm not allowed to download some of my CD's onto my iPod, then why the heck should I BUY and iPod????

So you can buy music from iTunes, of course.

[bertrand]

An iPod is a playback medium, just like a turntable or a CD player or a tape deck.

If you choose to play your CDs back through your iPod, it's your choice. If you choose to tape your CDs and listen to them on your walkman, it's your choice.

RIAA is full of crap. They don't even understand the copyright law.

Bertrand.

[Chuck Nessa]

An iPod is a playback medium, just like a turntable or a CD player or a tape deck.

If you choose to play your CDs back through your iPod, it's your choice. If you choose to tape your CDs and listen to them on your walkman, it's your choice.

RIAA is full of crap. They don't even understand the copyright law.

Bertrand.

Wrong.

An iPod is a playback/recording/storage medium.

You are making the wrong comparos here.

[Christiern]

Next thing you know, these RIAA idiots will worry about us committing the melody to memory!

Or is that why the music industry works so hard to eliminate any semblance of melody?

[Joe G]

ZING!

I was pondering that very thing earlier today in a clothing store while overhearing a pop/country ballad featuring a rather weak melody.

[Chuck Nessa]

ZING!

I was pondering that very thing earlier today in a clothing store while overhearing a pop/country ballad featuring a rather weak melody.

Joe hangs out in the Gap.

[Neal Pomea]

RIAA is full of crap. They don't even understand the copyright law.

I am pretty sure the Supreme Court of the the United States and Congress don't, either! They've been whack about copyright for years.

Next thing you know, these RIAA idiots will worry about us committing the melody to memory!

Or is that why the music industry works so hard to eliminate any semblance of melody?

[Jim Dye]

An iPod is a playback medium, just like a turntable or a CD player or a tape deck.

If you choose to play your CDs back through your iPod, it's your choice. If you choose to tape your CDs and listen to them on your walkman, it's your choice.

RIAA is full of crap. They don't even understand the copyright law.

Bertrand.

Wrong.

An iPod is a playback/recording/storage medium.

You are making the wrong comparos here.

Huh?

Sure, it's not really cost effective to cut your own records. However, both tapes and CD's are inexpensive playback/recording/storage medium.

[Chuck Nessa]

An iPod is a playback medium, just like a turntable or a CD player or a tape deck.

If you choose to play your CDs back through your iPod, it's your choice. If you choose to tape your CDs and listen to them on your walkman, it's your choice.

RIAA is full of crap. They don't even understand the copyright law.

Bertrand.

Wrong.

An iPod is a playback/recording/storage medium.

You are making the wrong comparos here.

Huh?

Sure, it's not really cost effective to cut your own records. However, both tapes and CD's are inexpensive playback/recording/storage medium.

I was making the point the iPod is hardware, software and storage "all in one" - very different from a turntable, cd player or cassette deck. Not a deep thought.

[Jim Dye]

An iPod is a playback medium, just like a turntable or a CD player or a tape deck.

If you choose to play your CDs back through your iPod, it's your choice. If you choose to tape your CDs and listen to them on your walkman, it's your choice.

RIAA is full of crap. They don't even understand the copyright law.

Bertrand.

Wrong.

An iPod is a playback/recording/storage medium.

You are making the wrong comparos here.

Huh?

Sure, it's not really cost effective to cut your own records. However, both tapes and CD's are inexpensive playback/recording/storage medium.

I was making the point the iPod is hardware, software and storage "all in one" - very different from a turntable, cd player or cassette deck. Not a deep thought.

Not really.

An iPod, like a walkman, is pretty much just a playback device. With an iPod, a hard drive holds the music, just like cassette tape holds the music in a walkman. What has changed is the amount of music that you can carry with you. With a package 1/3 the size of a walkman, you have at least 1000 times the storage space of a cassette tape.

[Chuck Nessa]

An iPod is a playback medium, just like a turntable or a CD player or a tape deck.

If you choose to play your CDs back through your iPod, it's your choice. If you choose to tape your CDs and listen to them on your walkman, it's your choice.

RIAA is full of crap. They don't even understand the copyright law.

Bertrand.

Wrong.

An iPod is a playback/recording/storage medium.

You are making the wrong comparos here.

Huh?

Sure, it's not really cost effective to cut your own records. However, both tapes and CD's are inexpensive playback/recording/storage medium.

I was making the point the iPod is hardware, software and storage "all in one" - very different from a turntable, cd player or cassette deck. Not a deep thought.

Not really.

An iPod, like a walkman, is pretty much just a playback device. With an iPod, a hard drive holds the music, just like cassette tape holds the music in a walkman. What has changed is the amount of music that you can carry with you. With a package 1/3 the size of a walkman, you have at least 1000 times the storage space of a cassette tape.

I give up.

[Shawn]

FUCK THE RIAA!!!