What It Looks Like Trying to Get A Straight Answer From the RIAA

Posted about 4 years ago
By Ryan Singel Wired.comThe Internet has been much ado and ado over whether the Recording Industry Association of America, which has been filing lawsuits against Americans for file sharing for years, also believes that simply ripping MP3s from CDs is illegal or not.Threat Level tried (again) today to get a straight answer from the trade association. Following a phone call Tuesday morning, RIAA spokeswoman Liz Kennedy asked me to email my specific questions.The results are below, and THREAT LEVEL's conclusions from the exchange are here. http://blog.wired.com/27bstroke6/2008/01/riaa-still-thin.html-----Original Message-----From: Singel, RyanSent: Tuesday, January 08, 2008 10:39 AMTo: Liz KennedySubject: Ripping QuestionLiz -Thanks for your help.The question is:Does the RIAA believe that Americans have the legal right to purchase an authorized CD copy of copyrighted music and rip them into digital audio files for use on a personal computer or digital audio player?Also does the RIAA believe that Americans have the legal right to take that file and use it on their cell phone as a ring tone?Or are these areas where the RIAA does not recognize the legal right to do such things but considers the violation of copyright not worth prosecuting due to bad publicity or the inability to know that the violation occurred?Thanks,Ryan SingelRyan SingelStaff WriterWired Newshttp://blog.wired.com/threatlevel-----Original Message-----From: Liz KennedySent: Tuesday, January 08, 2008 10:54 AMTo: Singel, RyanSubject: RE: Ripping QuestionRyan -Below is the relevant section of musicunited.org about copying CDs.Best/lkhttp://www.musicunited.org/2_thelaw.html#5Copying CDsIt's okay to copy music onto an analog cassette, but not for commercial purposes.It's also okay to copy music onto special Audio CD-R's, mini-discs, and digital tapes (because royalties have been paid on them) - but, again, not for commercial purposes.Beyond that, there's no legal "right" to copy the copyrighted music on a CD onto a CD-R. However, burning a copy of CD onto a CD-R, or transferring a copy onto your computer hard drive or your portable music player, won't usually raise concerns so long as:The copy is made from an authorized original CD that you legitimately ownThe copy is just for your personal use. It's not a personal use - in fact, it's illegal - to give away the copy or lend it to others for copying.*The owners of copyrighted music have the right to use protection technology to allow or prevent copying.Remember, it's never okay to sell or make commercial use of a copy that you make.Are there occasionally exceptions to these rules? Sure. A "garage" or unsigned band might want you to download its own music; but, bands that own their own music are free to make it available legally by licensing it. And, remember that there are lots of authorized sites where music can be downloaded for free. Better to be safe than sorry - don't assume that downloading or burning is legal just because technology makes it easy to do so.Enjoy the music. By doing the right thing, you'll be doing your part to make sure that the music keeps coming.This site is intended to educate consumers about the issues associated with the downloading, uploading and consumer copying of music. It is not intended to offer legal advice or be a comprehensive guide to copyright law and the commercial uses of music.back to top-----Original Message-----From: Singel, RyanSent: Tuesday, January 08, 2008 11:02 AMTo: Liz KennedySubject: RE: Ripping QuestionLiz - in absence of clarifying language, I understand that text to mean thatThe RIAA believes it is a violation of copyright (e.g. illegal) to rip mp3s from a legally purchased CD in order to use them on a digital music player or play them on their computer.But the RIAA isn't likely to sue anyone over it because) a) it's not really a bid deal b) there's no real way to find out and/or c) it would be terrible publicity to sue someone for using an iPod.That means that today's Washington Post correction is actually wrong:"A Dec. 30 Style & Arts column incorrectly said that the recording industry "maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer."The RIAA does believe that, but for various reasons, is highly unlikely to prosectute anyone who isn't violating the copyright's prohibition on distribution.But that also is to say that the RIAA believes that a large percentage, if not a majority, of its members' customers are thieves.Please correct me point by point if I am wrong.Thanks,RS-----Original Message-----From: Liz KennedySent: Tuesday, January 08, 2008 11:46 AMTo: Singel, RyanSubject: RE: Ripping QuestionRyan,Respectfully, that's not how it works. You have our position on our website. The rest of what you suggest is speculation.-lk-----Original Message-----From: Singel, RyanSent: Tuesday, January 08, 2008 11:52 AMTo: 'Liz Kennedy'Subject: RE: Ripping QuestionWhy can't the RIAA answer the questions?I gave you two very straightforward yes or no questions.You hand me a bunch of marketing gobbedly gook.So unless the RIAA tells me different, I understand the answer to mean the RIAA believes it is not legal for users to rip MP3s from CDs they legally acquired.The rest of it simply logically follows.The RIAA can clear all of this up by saying1) The RIAA believes it is illegal for Americans to rip MP3s from a legally purchased CD for personal use.Or2) The RIAA believes it is legal for Americans to rip MP3s from a legally purchased CD for personal use.In absence of that the RIAA is playing semantic PR games.Respectfully,RSRyan SingelStaff WriterWired Newshttp://blog.wired.com/threatlevelThe RIAA did not respond further.

Comments (1)

  1. Jonh Ingham says I'll take one from column A and one from column B, Liz.
    Permalink posted 01/16/2008

Comment on this Post

Login using email and password below.

Forgot Password?

OR login using Facebook Connect

Connect

Don't have an account?
Join MOG. It's Free!

© 2006-2012 Mog Inc. All Rights Reserved