[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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