What is Digg?3 Comments
- psichron, on 10/12/2007, -0/+0Ah, I see, we are dealing with “sound recordings” which is not “musical works”. Interestingly, section 17 says:
“”"
17 General exceptions regarding protection of sound recordings
The provisions of section 12 (1) (b) and (c), (2), (3), (4), (5), (12) and (13) shall mutatis mutandis apply with reference to sound recordings.
“”"
Which does not include 12 (1) (a). O_o - pejrm, on 10/12/2007, -0/+0
Hi Psi
Thanks for your comment. Be careful there. I initially thought the same thing as you until I realised that musical works mean “means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music” and that when you are talking about a CD, the work concerned is a sound recording which is defined as “any fixation or storage of sounds, or data or signals representing sounds, capable of being reproduced, but does not include a sound-track associated with a cinematograph film”.
Section 13 contemplates regulations passed by the legislature allowing for reproductions of works under copyright subject to certain conditions. This doesn’t include actions taken by private citizens.
When you look at the special exceptions you have to look at which exceptions appply to sound recordings and these exclude private use (which is permitted for musical works). So you could photocopy sheet music for private use but you can’t copy a CD for personal use.
The problem with the concept of “fair dealing” is that it is not a legally recognised basis to permit copying a CD for personal use. When you buy a CD you are licensed to do certain things with it, basically to listen to the CD. You are usually expressly prohibited from copying the CD. Ripping a CD to your iPod is copying or reproducing it so the recording industry basically creates a framework where people who legally buy its products and who them rip them to iPods and other devices largely out of convenience, are rendered criminals by doing that. - psichron, on 10/12/2007, -0/+0South African law does include the principle of "fair dealing".
Of that same act:
"""
Section 12: General exceptions from protection of literary and musical works
(1) Copyright shall not be infringed by any fair dealing with a literary or musical work-
(a) for the purposes of research or private study by, or the personal or private use of, the person using the work;
"""
[http://www.buys.co.za/publications/cyberlaw/CopyrightAct.htm]
Section 13 might be of interest as well.
You will not have a hard time convincing a court that the song on your iPod you copied from your legitimately purchased CD falls under "fair dealing", so I don't see how this is illegal.
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