Should I delete my saved tracks if I sell my cd set?

[Daniel_Marsh]

I need to raise some money so I’m going to sell my Jeff Cavins Bible study–Gospel of Matthew. I have a buyer.

But, does this mean that I should delete the files that I saved on my computer for uploading on my mp3 player? I don’t want to :crying:

Off the top of my head I would say yes, because you are going beyond the fair use copyright law.

But, I suggest you write the author for permission to keep those files on your computer and to use them in the means that you describe.

jcavins@gmail.com

jeffcavins.com/jc/?page_id=14

 

[Daniel_Marsh]

copyright.gov/

menc.org/information/copyright/copyr.html

jeffcavins.com/jc/

Any of the above conditions can be waived if you get permission from the copyright holder.

Nothing in this license impairs or restricts the author’s moral rights.

creativecommons.org/licenses/by/2.5/

This above link is at the bottom of his page, so he has the right to give you permission to keep the files, so ask him all he can do is say no or maybe send you a new copy. ( wishful thinking )

 

[Daniel_Marsh]

No Electronic Theft Act
The No Electronic Theft Act of 1997 amends the U.S. Copyright Act to define “financial gain” to include the receipt of anything of value, including the receipt of other copyrighted works.

Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 states that without permission from a song’s owner, it is illegal to make copyrighted music available online for unlimited distribution. This law also puts specific limitations on the length of public broadcasts, the types of song and artist announcements and the frequency and sequence of songs played.

Digital Performance Rights in Sound Recording Act
The Digital Performance Rights in Sound Recording Act of 1995 provides copyright owners of sound recordings the exclusive right (with some limitations) to perform the recording publicly by means of a digital audio transmission. This is a departure from previous copyright laws, in which the owner of the musical work had exclusive public performance rights. This act also extends the provision for compulsory mechanical licenses to include downloadable music.

Doctrine of Fair Use
The Doctrine of Fair Use, embodied in section 107 of the Copyright Act, allows copies to be made without permission of the copyright holder under limited circumstances. Reproduction of copies for purposes such as criticism, news reporting, teaching and research is generally not considered infringement. Factors that must be considered in determining if a situation qualifies as fair use include the nature of the copyrighted work, the purpose and character of the use, the portion used in relation to the work as a whole, and the effect of the use on the market potential of the work.

teamcombooks.com/mp3handbook/5.htm

 

[Daniel_Marsh]

mpa.org/copyright_resource_center/church_musician

 

[wjp984]

alright. Here is a hypothetical for you and I know this is not the same but hypotheticals are fun and I deal with them all the time every day in law school.

What if instead of the person selling the cd willingly, it is stolen. Would the person who had the cd stolen still be obligated to delete the tracks? They no longer possess the cd. What if it is lost? Would they be obligated to buy the cd again in order to keep the tracks?

 

[Orionthehunter]

alright. Here is a hypothetical for you and I know this is not the same but hypotheticals are fun and I deal with them all the time every day in law school.

What if instead of the person selling the cd willingly, it is stolen. Would the person who had the cd stolen still be obligated to delete the tracks? They no longer possess the cd. What if it is lost? Would they be obligated to buy the cd again in order to keep the tracks?

YOu are the lawyer. Tell me the law.

But, my guess is that the person never gave up ownership, this is why you make copies (and the DVD’s can be copied) and retains the right to use them. Morally, they still own them and can use the copies.

 

[wjp984]

I still have a long ways before I am a lawyer considering I just started school but that does sound like a good hypothetical that would be thrown at our class if we ever discuss this situation. I would also think the answer would be that you don’t have to delete them if it is stolen. However, if you lose it, one can argue it is abandoned property which means it is up for grabs. Although There are rules protecting ownership when things are lost, at least for a certain period of time. That is of course if you can track down where it went though. I am not too good at the subject yet but if you permanately lose it maybe you would have to delete them even if you don’t want to or think it is fair.

 

[Smber2c]

No Electronic Theft Act
The No Electronic Theft Act of 1997 amends the U.S. Copyright Act to define “financial gain” to include the receipt of anything of value, including the receipt of other copyrighted works.

Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 states that without permission from a song’s owner, it is illegal to make copyrighted music available online for unlimited distribution. This law also puts specific limitations on the length of public broadcasts, the types of song and artist announcements and the frequency and sequence of songs played.

Digital Performance Rights in Sound Recording Act
The Digital Performance Rights in Sound Recording Act of 1995 provides copyright owners of sound recordings the exclusive right (with some limitations) to perform the recording publicly by means of a digital audio transmission. This is a departure from previous copyright laws, in which the owner of the musical work had exclusive public performance rights. This act also extends the provision for compulsory mechanical licenses to include downloadable music.

Doctrine of Fair Use
The Doctrine of Fair Use, embodied in section 107 of the Copyright Act, allows copies to be made without permission of the copyright holder under limited circumstances. Reproduction of copies for purposes such as criticism, news reporting, teaching and research is generally not considered infringement. Factors that must be considered in determining if a situation qualifies as fair use include the nature of the copyrighted work, the purpose and character of the use, the portion used in relation to the work as a whole, and the effect of the use on the market potential of the work.

teamcombooks.com/mp3handbook/5.htm

This post seems to contain the most actual legal documentation so far, but it doesn’t really give answers. If either it reinforces my suspicion that the law actually has not clearly defined anything on this matter.
There were a couple people who clearly stated “it’s illegal, don’t do it” and others who clearly said, “it’s fine, don’t delete the info”, but neither gave reason to think they have any expertise or backing on the matter.

This situation has many specific details (previous ownership of material, a lack of financial gain being derived from the copies, the copies being digital, the small # of copies, etc…) that I expect (though certainly don’t ‘KNOW’) haven’t been defined as illegal and infact have simply never been addressed by law because of the acute nature of this situation.

In a nearly parallel example, what if I’d made copies out of a book I owned, then sold the book. Do I burn the copies?
If so, how is making copies from library books (which I never fully owned anyway) legal? While in High School and college there were many books libraries wouldn’t let me checkout and they’d say 'go make a copy of the relevant pages.

This may be allowed since it’s for educational purposes…but isn’t keeping copies of audio Bible studies for educational purposes too?

 

[Ray_Scheel]

If so, how is making copies from library books (which I never fully owned anyway) legal? While in High School and college there were many books libraries wouldn’t let me checkout and they’d say 'go make a copy of the relevant pages.

This may be allowed since it’s for educational purposes…but isn’t keeping copies of audio Bible studies for educational purposes too?

“Fair Use” is spelled out clearly and frequently enough that if you have not seen it yet, it is for a lack of looking. There is a time limit on how long the copies can be kept, and there copies should be of a limited portion of the work.