valhalla360 wrote:
delwhjr wrote:
2oldman wrote:
Gdetrailer wrote:
Pretty much any LEGIT "commercial service" WILL REFUSE to copy any COMMERCIAL recorded material due to COPYRIGHT INFRINGEMENT..
It's NOT hard to find ones that WILL.
Statement directly from a professional production company concerning copying:
"Here are few considerations when converting and the legality involved. The following information also applies to all recorded material that you wish to copy like CD’s, Cassette’s, 8 Track tapes and vinyl records.
Copyrighted Material
You have a cassette tape of your favorite 70’s band that you want to be able to play on your MP3 player. This is a copyrighted product and law prohibits you from making a copy in any format. So the correct answer in the United States is NO: you cannot copy that recording because you do not hold the copyright.
Now as a side bar, will the record companies or the artist track you down and prosecute you? Not likely!
In some public statements record companies have said they don’t mind when someone who has purchased a tape makes an upgraded copy for themselves. The record companies also have stated that they don’t mind if you make a CD back up of your legally purchased CD.
Now this does hit a gray area because you have to be very careful with what you do with this conversion or backup. For instance, if you make more then one copy and give one to a friend or even a family member, that still constitutes as distribution (even if you didn’t sell it!). This big violation currently has a penalty of $250,000 and up to five years behind bars. Ouch!"
Note: You are getting your info from an organization that makes money by selling new copies.
They "don't mind" because they have no legal right to stop you from making backups. You are legally allowed to make copies of music and videos as backups as long as you aren't selling them or otherwise profiting/distributing them. You have to retain the original so you can prove you really own it.
As long as it's a single copy and there is no evidence you are profiteering, there should be no problem getting a company to do a high quality transfer for you.
As it says they will likely not come after you and realistically they would never know you did it unless you were to brag or distribute.
But the law does not allow for an individual to make copies unless you can prove it is covered by the Fair Use provision.Excerpt from a legal opinion:
"Copyright law does not contain any caveat that allows unauthorized parties to make personal copies of copyrighted products. However, under the doctrine of "fair use," individuals may be permitted to make backup copies or archival copies of some materials as long as certain conditions are met. Creating a copy of a copyrighted work for your own ease of use is likely to be considered copyright infringement. But if you are making a copy so that you may use a copyrighted product in case the original is stolen, damaged or destroyed, your conduct may fall within the doctrine of fair use.
Copyright Infringement
Generally, copyright infringement occurs when an unauthorized party reproduces, distributes, performs, publicly displays, or makes a derivative work from a copyrighted work without the permission of the copyright owner. Although the practice commonly occurs, making a copy of a protected work for a friend or for personal ease of access is prohibited and may subject the person making copies to personal liability. Additionally, making a personal copy of copyrighted material so that you can use it in a different manner may be prohibited under copyright law.
Fair Use
Within copyright law there is a doctrine of law known as fair use. Although fair use does not actually give permission to make copies of a work or otherwise use a work without consent, the doctrine provides a defense to copyright infringement. The factors considered when applying the doctrine of fair use include: the purpose and character of the use, the nature of the copyrighted work, the amount of the work used, and the effect the use has upon the market for the copyrighted work."
