copyrighted material

[carld]

Originally Posted by Shaggy

I don't think anybody has ever been sued for downloading.

I'm not sure that that's true. Unfortunately, most news articles don't really give you enough information to determine what happened in any given case. If a story says

Because a federal judge recently ruled the RIAA cannot sue groups of file sharers but must sue each downloader individually, the RIAA continues to sue using a “John Doe” litigation process to sue downloaders whose names are unknown.

does it really mean they're were sued for just downloading or for file-sharing?

[kacir]

Originally Posted by carld

The fact that it's on the internet doesn't change the basic legality of the situation.

If you borrow a paper book and make a private copy using copier machine and then return the book, is anybody going to kick down your door with a search warrant?
If you make a copy of your favourite radio program on your cassette recorder for your own private use (like listening in your car while you commute) is the copyright police going to seize all your tapes?
If you record the latest episode of The Mentalist on a VHS tape so you could watch it privately when there is nothing on the telly are you breaking the law?
See? The Internet doesn't really change things that much.

In many jurisdictions the above copying would come under fair use rights.

[bill_mchale]

Originally Posted by kacir

If you borrow a paper book and make a private copy using copier machine and then return the book, is anybody going to kick down your door with a search warrant?

Almost certainly not, but that doesn't make it legal or illegal. My guess is that most copyright lawyers would say that this was illegal and should a publisher find out about it, they could theoretically sue over it.

If you make a copy of your favourite radio program on your cassette recorder for your own private use (like listening in your car while you commute) is the copyright police going to seize all your tapes?
If you record the latest episode of The Mentalist on a VHS tape so you could watch it privately when there is nothing on the telly are you breaking the law?

In the United States at least, both of these cases are well covered by legal precedent. Making copies to shift from one format to another or from one time to another is considered fair use and is protected -- As would scanning a copy of your own book to make ebook edition.

See? The Internet doesn't really change things that much.

In many jurisdictions the above copying would come under fair use rights.

But those examples are very distinct from the original example, so are not good analogies.

--
Bill

[kjk]

Originally Posted by kacir

If you record the latest episode of The Mentalist on a VHS tape so you could watch it privately when there is nothing on the telly are you breaking the law?
See? The Internet doesn't really change things that much.

Well....the Internet lets you record the latest episode of The Mentalist and upload it to 300 million people to watch privately when there is nothing on the telly...so for example, now I can watch the latest episode of The Mentalist without buying the VHS tape, or even paying for cable.

so I think that does change things a bit

[GaylaM]

Originally Posted by GinoXB

GaylaM it's understandable that you downloaded something from a server located in another country where copyright laws might be different. I highly doubt that you'll lose your internet connection or anything will happen to you. If you don't feel comfortable having it on our computer you can safely delete it. Mainly the copyright laws that differ from country to country so even if it's assumed that it is still protected here in the U.S. and out of print it's not a serious problem unless you're distributing it through the internet to thousands of other people. I think many people hear horror stories about big brother watching everything we do or the stories about people being sued for illegally downloading stuff and going to jail. I seriously doubt this applies to your situation. If it's public domain in Canada and not in the U.S. I'm pretty sure it's not in print and you're aren't denying a publisher their due royalties.

All I did was download the Little House on the Prairie books onto my niece's Kindle. I've just heard so many horror stories about people getting notices from their internet providers saying a complaint had been filed against them for downloading copyrighted material illegally. Of course it could be that those books are pretty recent (Harry Potter, Twilight) but I did delete them from my computer and also from my niece's Kindle.

Thanks for your help!

[carld]

Originally Posted by kacir

If you borrow a paper book and make a private copy using copier machine and then return the book, is anybody going to kick down your door with a search warrant?

I didn't say they would, but that doesn't make it legal.

If you make a copy of your favourite radio program on your cassette recorder for your own private use (like listening in your car while you commute) is the copyright police going to seize all your tapes?

I believe the RIAA has actually sued over that specific issue, but I've already done enough googling about copyright for today.

If you record the latest episode of The Mentalist on a VHS tape so you could watch it privately when there is nothing on the telly are you breaking the law?

That is specifically allowed by law in the US.

See? The Internet doesn't really change things that much.

None of those examples goes to what I said. The fact that copyrighted material is available on the internet does not change the basic legality of it.

In many jurisdictions the above copying would come under fair use rights.

In my jurisdiction all those examples would be illegal except for taping a TV program. Also, even if all your examples were fair use, it still doesn't apply to just grabbing copyrighted materials off the internet.

[Cyclops]

Originally Posted by HarryT

It's your responsibility to check whether or not the book is in the public domain where you live.

Anmd how does one check this out?? and how many of us are bothered??
I download loads of stuff prom PG that all carry the note about copyright is void in the US but may not be in your country etc.

[pdurrant]

Originally Posted by GaylaM

All I did was download the Little House on the Prairie books onto my niece's Kindle. I've just heard so many horror stories about people getting notices from their internet providers saying a complaint had been filed against them for downloading copyrighted material illegally. Of course it could be that those books are pretty recent (Harry Potter, Twilight) but I did delete them from my computer and also from my niece's Kindle.

Thanks for your help!

Little House on the Prairie by Laura Ingalls Wilder?

Laura Ingalls Wilder died in 1957. Her books are out of copyright in Canada.

I suspect that the copyright on them would have been renewed in a timely fashion in the US, and so they'll still be in copyright there until the first one comes out of copyright on 1st January 2028. The rest will come out of copyright over the next 11 years up to 2039 when "These Happy Golden Years" (1943) comes out of copyright. The posthumously published works will come out of copyright over the next 31 years up to 2070 when "West from Home" (1974) comes out of copyright.

In the UK and the EU, all her works are still in copyright, and come out of copyright on 1st January 2028

[bill_mchale]

Of course by 2028, I wouldn't be a bit surprised if copyright was extended to life +100 years. After all, we can't risk the great grand kids ever having to work can we?

--
Bill

[ATDrake]

Originally Posted by bill_mchale

Of course by 2028, I wouldn't be a bit surprised if copyright was extended to life +100 years.

Maybe it's just me, but having Life+ terms seems like it would encourage assassination attempts.

At least in those (sadly all too common) cases where the authors did great work in their younger days, before succumbing to Brain Eater Disease and churning forth lurching zombie parodies of their former prose.

[Lady Fitzgerald]

There have been cases of people being successfully sued for illegal downloading but, so far, these have been heavy violators involving thousands of instances per violator. For now, the likelihood of small time violators being pursued is very small (although that does not excuse the behavior) unless you have thoroughly ticked off a vindictive government official who is desperate to find something to harass you with.

[Lady Fitzgerald]

Originally Posted by ATDrake

...authors did great work in their younger days, before succumbing to Brain Eater Disease and churning forth lurching zombie parodies of their former prose.

Sounds like David Eddings.

[ardeegee]

You dun goofed, GaylaM. I've backtraced your message and reported you to the cyber-police.

[GaylaM]

Originally Posted by Lady Fitzgerald

There have been cases of people being successfully sued for illegal downloading but, so far, these have been heavy violators involving thousands of instances per violator. For now, the likelihood of small time violators being pursued is very small (although that does not excuse the behavior) unless you have thoroughly ticked off a vindictive government official who is desperate to find something to harass you with.

hmmmmmmmmm, not to my knowledge, but you never know

[GaylaM]

Originally Posted by ardeegee

You dun goofed, GaylaM. I've backtraced your message and reported you to the cyber-police.

You big ole meanie