9.3 Copyright Concerns
There are some legal issues regarding copyright laws and there is some gray area where the laws are not clear-cut. The following is only an opinion and is not intended to supersede qualified legal expertise.
Unless a copyright has expired and the work has been released to the public domain, it remains the property of the copyright holder. This includes out-of-print works. Over-the-air broadcasts remain the property of the broadcaster and/or production company and they reserve the rights to the re-running or re-distribution of the work.
Legend of a Band and A Night at Red Rocks are still in print and should be available in most places that carry music videos. Anyone making copies of these videos is clearly breaking the law. And charging for one's time to make the copies is also illegal, as that person is making a profit from selling someone else's property.
The gray area involves hard-to-find, out-of-print or not commercially available videos and albums that are solely for the enjoyment of fellow fans of the band.
The general rule of exchanging tapes (over The Net, anyway) is summed up by the rule, "I will provide "x" (for example, "tape in trade or for reimbursement of the cost of the media and postage.") When you say the words above, you are agreeing to send a tape -- just a tape -- to the recipient. You are not collecting anything for the material on the tape or for your time in copying the material, since that would be a violation of copyright.
Is it illegal to trade tapes like this? Some in the music industry would say "absolutely;" others would say "maybe not." Keep in mind that if illegal copies began to be traded on a public forum (such as Usenet or Lost Chords), the forum could get shut down and the administrator would be held responsible.
Also, please don't post ClariNet
articles to Lost Chords.
(1) The poster is violating his/his institution's license with ClariNet;
(2) The poster is breaking copyright law;
(3) Both (1) and (2) are bad.
And this also goes for typing in entire articles from your local newspapers and so forth.
The Moody Blues have also made their feelings clear. In the Autumn/Winter 1997 issue of the Official Moody Blues Fan Club Newsletter, it's stated (reprinted with permission):
"Over the years the Moodies have frequently had their concerts bootlegged and the band remain firmly opposed to the making and distribution of bootleg recordings on both moral and legal grounds. The band take great pride in their recorded output and do not want their music to be reproduced in this way within recordings of very poor quality.
No permission has been granted by the members of the band (or their publishers or their record company) for such recordings and we would ask you to respect their wishes by not dealing with such products."
On to Section 9.4
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