thedreampolice
A backwards poet writes inverse.
"Well..then when people sell vinyl back to stores to be sold again is illegal?"
No because now you no longer have that media.
No because now you no longer have that media.
dopest "mpc style" drum software right here
- Thread starter saintjoe
- Start date
Copyright Law Section 107
One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”
Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.
The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.
When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.
FL-102, Revised May 2009
In Summary
The Copyright Law in Section 107 guarantees fair use of copyrighted materials for educational purposes. Fair use involves restrictions on the use of copyrighted materials. Fair use allows for the limited use of copyrighted materials without having to obtain permission from the copyright owner. Fair use, by law, requires the one claiming fair use to make a fair use analysis of the use of those copyrighted materials to determine whether or not the use of that copyrighted material is a fair use. Legitimate, legal file sharing is allowable through a fair use analysis finding for educational purposes.
So the question is...did you learn anything in a limited amount of time and can you prove it?
One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”
Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.
The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.
When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.
FL-102, Revised May 2009
In Summary
The Copyright Law in Section 107 guarantees fair use of copyrighted materials for educational purposes. Fair use involves restrictions on the use of copyrighted materials. Fair use allows for the limited use of copyrighted materials without having to obtain permission from the copyright owner. Fair use, by law, requires the one claiming fair use to make a fair use analysis of the use of those copyrighted materials to determine whether or not the use of that copyrighted material is a fair use. Legitimate, legal file sharing is allowable through a fair use analysis finding for educational purposes.
So the question is...did you learn anything in a limited amount of time and can you prove it?
hanayalator
ILLIEN
ill o.g.
Battle Points: 11
It's true that you can argue fair use for some things, but using pirated software is definitely not one of them. Also, as for used records, it's completely legal to resell them, which is why used record and book stores exist. Even libraries and video rental places are legal, even though they charge a fee and retain the copyrighted material.
H
H
saintjoe
Audio Fanatic...
ill o.g.
well I'm sure you're music is dope, I don't doubt that. But I don't think integrity is a word to
be used in this situation.
it's all about the license, some allow you to install multiple times, some allow you to install on multiple computers but only allow one to be in use at a time, some allow you to install it as many times as you wish but it's only licensed for that specific user.
It's all about the license. Weather we think something is over priced or not, or we just don't want to pay for it, doesn't give us the right to just take it lol.
well the law says no lol.
Look I'm not the pirate police, I just don't think it's good for the industry, alot of these companiesif they feel they are losing the battle to pirated software they may just stop making the tools all together...
Back when I was a hardware dude and didn't use software, people used to give me stuff all the time, once I looked into it and found out that it was actually not legal to do that, I stopped. I just think it's easier to justify it when it's software, I don't see people going around arguing for the use of a keyboard or an mpc that they just walked into guitar center and took....for free
Even though software isn't a tangible product, it's still a product, and it still took time and money to develop. Maybe we feel it's not worth the asking price...but neither are them new Jordan's, or that new laptop, or anything really!
Everything is priced to make a profit....that's just how it goes.
I feel you on that...and you make a good point....
I love to create music....I have issues with affording to keep up with the joneses...
Best believe if I had the money for all of this I would've purchased it without any issues...Since I can't I shall do what I gotta do to get what I gotta get...
I love to create music....I have issues with affording to keep up with the joneses...
Best believe if I had the money for all of this I would've purchased it without any issues...Since I can't I shall do what I gotta do to get what I gotta get...
What do you know ?
Huh?
You're ruining an argument that would've lasted for the next year...YOU RUINED IT.... Damn you!!!
Oh yeah...
I wanted to eat Indian food today because this lady in Pakistan had a kid named Thomas who happens to be named after Napoleon's dog that no one knew about. Crazy, huh?
Hey, how'd you do that? I NEVER said those words!
djjumpinjoe
ILLIEN
ill o.g.
Battle Points: 33
We got our Software Link Cards !!!
thedreampolice
A backwards poet writes inverse.
It's just crazy because everyone here wants to get paid from selling there beats, and yet seem ok that developers who but in tons of money and work to make these products get screwed.
Bottom line if you make money with your music, buy your software.
Bottom line if you make money with your music, buy your software.
Playing devils advocate (in a sense...). Everyone here isn't in it to get paid, some and probally most, are doing it for fun (when the ish really hits the fan). Yes developers do put alot of money and time in their products, but thats the nature of the business, them getting screwed is an entirely different topic and that goes both ways. In the real world, it's the provider of any product (that I can think of) that does the screwing. That too is the nature of the business. I agree with your bottom line but MOST aren't making money with their music (and nobody here is making REAL money with it...).
I personally think you gotta take in account of several factors...These cats KNOW they are gonna take a hit from file sharers, they also know that alot of people can't afford their product yet they continue to put these ridiculous prices on their software. Yeah, stealing it doesn't help the price but on the other side of that coin, I've never seen any company say "OK we've made our projected sales so now we'll give it away free".
This whole file sharing/pirating ish should only be directed at millionaires, they are the ones that can afford the ridiculous prices and they are the only ones that could make REAL money by using their financial power. Regular, everyday, normal and financial stressed people don't have much of a chance so they will take, steal, file share or whatever it takes to atleast be competetive with the cats thats doing it big in the game.
All that said, pirating is definately wrong, and nothing justifies it...but so is taking dreams away from people trying to make it by putting a price on something that will never be in their means. Eventually, developers will either change their marketing strategies or they will find a way to stop blatant pirating like we have today.
thedreampolice
A backwards poet writes inverse.
"that does the screwing. That too is the nature of the business."
No business is mutually beneficial transactions. No one is getting screwed if you buy reason for example. The audio industry is crazy small and has not made very many millionaires. Digidesign of course is a huge example of the opposite. But they just laid of like 10k people there is an example of a profitable company still having financial issues, the economy really hurt them, but if everyone bought there products I bet the lay off would not have been nearly as bad. There is an example of piracy absolutely causing someone to lose there job.
I just know first hand that how it truly does take money out of people pockets. I would say if you cant afford it, use Reason or FL and that is it. Don't download 20k worth of plugins.
Seriously if you cant afford $500 for something that you love and claim you want to make a living at then you are full of crap period. How much did you spend in pizza last year?
What about the days when people got an extra job, or saved up to buy an MPC?
" I've never seen any company say "OK we've made our projected sales so now we'll give it away free"."
Why would they? That is foolish. For some reason we have in our heads that business and making money is the evil thing. This is absolutely incorrect! Free market capitalism is the reason America has such a high standard of living. It is the reason most of us have jobs. Before the industrial revolution the whole world was poor.
You guy would not believe the money that goes in to these things. I know of one company that spent over a million dollars designing a new speaker stand. ONE MILLION TO DESIGN A SPEAKER STAND!
I get that some people are just starting out, but the goal should be to buy the stuff ASAP! But the attitude of most people is just screw em!
Of couse people have posted on this very forum frustration over there music being shared of bittorrent. hmmm
You should watch the Milton freidman videos for better examples http://www.youtube.com/results?search_query=milton+friedman&search_type=&aq=1
especially this one [ame="http://www.youtube.com/watch?v=R5Gppi-O3a8"]YouTube- Power of the Market - The Pencil[/ame]
On another note, I have hustled like crazy and I am very close to making a full time living off my music. I am close to 20k a year just off music! Its not enough to live off of and I do lots of design and video work to pay the bills but its getting there and in the next two years will be there. I must say it sure is nice to be able to call waves when I need tech support!
No business is mutually beneficial transactions. No one is getting screwed if you buy reason for example. The audio industry is crazy small and has not made very many millionaires. Digidesign of course is a huge example of the opposite. But they just laid of like 10k people there is an example of a profitable company still having financial issues, the economy really hurt them, but if everyone bought there products I bet the lay off would not have been nearly as bad. There is an example of piracy absolutely causing someone to lose there job.
I just know first hand that how it truly does take money out of people pockets. I would say if you cant afford it, use Reason or FL and that is it. Don't download 20k worth of plugins.
Seriously if you cant afford $500 for something that you love and claim you want to make a living at then you are full of crap period. How much did you spend in pizza last year?
What about the days when people got an extra job, or saved up to buy an MPC?
" I've never seen any company say "OK we've made our projected sales so now we'll give it away free"."
Why would they? That is foolish. For some reason we have in our heads that business and making money is the evil thing. This is absolutely incorrect! Free market capitalism is the reason America has such a high standard of living. It is the reason most of us have jobs. Before the industrial revolution the whole world was poor.
You guy would not believe the money that goes in to these things. I know of one company that spent over a million dollars designing a new speaker stand. ONE MILLION TO DESIGN A SPEAKER STAND!
I get that some people are just starting out, but the goal should be to buy the stuff ASAP! But the attitude of most people is just screw em!
Of couse people have posted on this very forum frustration over there music being shared of bittorrent. hmmm
You should watch the Milton freidman videos for better examples http://www.youtube.com/results?search_query=milton+friedman&search_type=&aq=1
especially this one [ame="http://www.youtube.com/watch?v=R5Gppi-O3a8"]YouTube- Power of the Market - The Pencil[/ame]
On another note, I have hustled like crazy and I am very close to making a full time living off my music. I am close to 20k a year just off music! Its not enough to live off of and I do lots of design and video work to pay the bills but its getting there and in the next two years will be there. I must say it sure is nice to be able to call waves when I need tech support!
1. Youre contradicting yourself there... 2. business is based on profit and the other side of profit is "loss". The business person gains and the consumer person loses. That is what business is...sure you can say that both gain but in the overall picture, the consumers money is more valuable than the business persons product, or it wouldn't be "business".
1. another contradiction...first its the economy that hurt them, then its piracy...now I understand that both are factors but one factor is larger than the other and you know which one it is.
Alot of people can't afford $500 for a program and to compare that to buying pizza? Are you serious? If you had the choice of buying a $500 program that you dont even know if you would be able to optomise its use or being guaranteed to be able to buy pizza anytime youre hungry...well theres no choice to make.
Thats not the american way...1 job for 8hrs a day, 5 days a week is...but lets say you got a second full time job...when would you have time to play?
Yes that would be foolish! but so are the prices of good software that you really dont get what you pay for. Business and making money is'nt the evil thing, overpaying for that business is.
Do you know how much money they made afterwards? With that, you should also know that they spent a million to make (very conservatively speaking...) let's say 2 million in return. Which granted is the idea BUT once again, at what point do you say enough is enough. You dont...the more the merrier.
I agree but this means that a new marketing strategy needs to be put in place. Businesses have to look at the economy and figure out a way to make people NOT just say screw em!
hahaha, man nobody cares about tech support anymore, even those that do pay for the software...what do you get? an animated response? write them an email and they'll get back to you at their convenience? tech support is a joke!
thedreampolice
A backwards poet writes inverse.
"1. Youre contradicting yourself there... 2. business is based on profit and the other side of profit is "loss". The business person gains and the consumer person loses"
That is wrong, if you buy a Pizza from Pizza hut for $15 did pizza hut screw you out of $15?
No you got $15 worth of value both sides win. True capitalism is mutual beneficial transactions.
THAT is how business works. BOTH SIDES WIN AND NO ONE LOSES!
That is wrong, if you buy a Pizza from Pizza hut for $15 did pizza hut screw you out of $15?
No you got $15 worth of value both sides win. True capitalism is mutual beneficial transactions.
THAT is how business works. BOTH SIDES WIN AND NO ONE LOSES!
I think we should really be concerned with the future and not the now. As long as there is a way of file sharing/pirating, people will take advantage of it. We need solutions to this problem and to find solutions you gotta know why there is a problem and address thise issues.
A possible START for a solution to make things better...Businesses reform their marketing to better fit the economy. Make it easier for those that are financually challenged to use their products by creating smaller versions (not trials) of their software that can be built upon as you go and give incentives along the way. When a program is outdated and no longer industry standard...give it away or make it very affordable. Understand that people drive the success of the business and NOT the other way around. Understand that GREED is one of the seven deadly sins...lol.
A possible START for a solution to make things better...Businesses reform their marketing to better fit the economy. Make it easier for those that are financually challenged to use their products by creating smaller versions (not trials) of their software that can be built upon as you go and give incentives along the way. When a program is outdated and no longer industry standard...give it away or make it very affordable. Understand that people drive the success of the business and NOT the other way around. Understand that GREED is one of the seven deadly sins...lol.
thedreampolice
A backwards poet writes inverse.
I 100% agree with that!
thedreampolice
A backwards poet writes inverse.
ha ha, nice! I may order one right now.....