Discussion:
Indiana...
I thought finding the answer to this question would be easy, but I haven't had much luck.
If I own a CD, I can copy it for my own personal use, right (like burn a bunch of songs from my personal CDs onto a compilation CD)?
But, can I give that compliation CD to another person?
The reason I ask, I am teaching a dance class and I have a CD that I made from my collection to use for that class (so I don't have to bring 10 different CDs with me). I would like to be able to give my students a copy of the music so that they may be able to practice at home. Is this allowed?
Terra
Answer:
Originally posted by TerraMD
Indiana...
I thought finding the answer to this question would be easy, but I haven't had much luck.
If I own a CD, I can copy it for my own personal use, right (like burn a bunch of songs from my personal CDs onto a compilation CD)?
**A: yes.
**************
But, can I give that compliation CD to another person?
**A: yes, as long as they use it in conformance with the fair use guidelines.
**********************
The reason I ask, I am teaching a dance class and I have a CD that I made from my collection to use for that class (so I don't have to bring 10 different CDs with me). I would like to be able to give my students a copy of the music so that they may be able to practice at home. Is this allowed?
Terra **A: if you are charging money for the class then no, it is not allowed. If it is for educational purposes, it should be ok.
Answer:
I am not an attorney, but the following quote may clarify
HomeGuru's response. The fair use guidelines says:
".....In determining whether the use made of a work in any
particular case is a fair use the factors to be considered shall
include-
(1) the purpose and character of the use, including whether such
use is of a commercial nature or is for nonprofit educational
purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation
to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of
the copyrighted work**************"
source:
I assume a nonprofit educational organization/institution can
charge money for their classes; therefore, as a matter of
technicality, it probably depends on how your organization/studio
has been set-up (profit or nonprofit) in the State of Indianna
and how the IRS looks at your organization/studio.
I assume a nonprofit organization must consist of more than one
individual because HOMEGURU said "if you are charging money...".
I would think the classification of profit and nonprofit is left up
to each state, but when it comes to U.S. Copyright laws, it
would seem unfair if one individual/group could be classified as
nonprofit in one state, but a similar individual/group in another
state must be classified as profit.
Because of variances in state laws, etc, I sometimes think our
country should be called "The Adjacent States of America", but
Hawaii and Alaska prevents us from even doing that. I guess I
will have to just say: I was born in "The Fifty States of America".
But that would be hearsay! Oops! I mean heresy!
Answer:
It is unclear as to the contents on the CD you are wanting to give
to your students; therefore, here is another quote from the U.S.
Copyright Office's web site which is relevant to this thread:
47/48. How much of someone else's work can I use without
getting permission?

Under the fair use doctrine of the U.S. copyright statute, it is
permissible to use limited portions of a work including quotes, for
purposes such as commentary, criticism, news reporting, and
scholarly reports. There are no legal rules permitting the use of a
specific number of words, a certain number of musical notes, or
percentages of a work. Whether a particular use qualifies as fair
use depends on all the circumstances. See Circular 21 and FL 102."
source:
Circular 21 on the same web site goes into an in depth discussion:
The following page on the same web site provides a list of
"Copyright Licensing Organizations & Publications Rights
Clearinghouses":
God Bless the FSA! oops! God Bless the USA!
Please don't be offended! It is just satire (pure and simple).
I love my country because I'm free! Wheeeeeeee!
Sorry about that! I got carried away there for the moment.
When I was young, one of my older brothers was always
saying to me: "Act your age!"
"Are we having fun yet?" "TGIF"