[LINK] A Definition Of Piracy In The Digital Age

Sylvano sylvano at gnomon.com.au
Fri Feb 6 19:49:38 AEDT 2009


On Friday 06 February 2009, Chris Gilbey wrote:

> But in Australia it is still not legal to make and keep a digital copy of a
> piece of music. So every iPod owner who has ripped a file is transgressing
> at law. But some would argue that keeping a back up is fair use.


http://content.cqu.edu.au/FCWViewer/getFile.do?id=20792

<quote>
Amendments to the Copyright Act
The Copyright Amendment Act 2006 contained a range of major reforms to the 
Copyright Act 1968. These are now in force.

...

Format-shifting exceptions - Personal use
These new exceptions allow the owner of certain items to make a copy in a 
different format for personal use.

Multiple copies are not permitted, except as is necessary for the technical 
process of making the copy, eg. ripping a CD to an iPod will necessitate 
making a copy on the computer’s hard-drive as well as on the player.

The copy may not be sold, hired, traded, distributed, or displayed in public, 
but may be lent “to a member of the lender’s family or household for the 
member’s private and domestic use”.

If the original item is sold, given away or destroyed, then the copy should be 
destroyed.

s 43C permits the owner of a book, newspaper or periodical publication to make 
a single reproduction in a different form for his or her private and domestic 
use. eg. scan from hard-copy to electronic format OR print out an e-book.

s 47J permits the owner of a photograph to make a single reproduction in a 
different form for his or her private and domestic use. eg. scan from a 
physical paper photograph to electronic format OR print out a digital image.

s 109A permits the owner of a item embodying a sound recording to make a copy 
in a different format for his or her private and domestic use. eg. rip a CD to 
an iPod OR make a tape of a vinyl record.
(This exception excludes sound recordings which have been downloaded over the 
Internet as a digital recording of a radio broadcast or similar program eg. 
‘podcasts’.)

s 110AA permits the owner of a videotape embodying a cinematograph film in 
analog form to make a copy of the film in electronic form for his or her 
private and domestic use.
</quote>

Sylvano

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