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Topic: Audio Home Recording Act


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  Audio Home Recording Act - Wikipedia, the free encyclopedia
Audio Home Recording Act royalties are collected by the US Copyright Office and only distributed by: AARC for Featured Artists and Copyright Owners(Record Labels), AFM and AFTRA for non-featured artists, Harry Fox for Publishers, and ASCAP BMI SESAC for writers.
The DMCA effectively bans the use and sale of digital recorders if there is an access control or encryption (DRM) built into the copyrighted audio file.
All benefits to the consumer that were given in the AHRA have effectively been overruled by latter legislation while the royalties are still being collected.
en.wikipedia.org /wiki/Audio_Home_Recording_Act   (968 words)

  
 U.S. Copyright Office - 128-Bit Browsers
The Copyright Royalty Tribunal Reform Act of 1993 amended section 1004(a)(3) by substituting "Librarian of Congress" in lieu of "Copyright Royalty Tribunal," where appropriate.
The Copyright Royalty Tribunal Reform Act of 1993 amended section 1006(c) by substituting "Librarian of Congress" in lieu of "Copyright Royalty Tribunal," where appropriate.
The Copyright Royalty Tribunal Reform Act of 1993 amended section 1010 by substituting "Librarian of Congress" in lieu of "Copyright Royalty Tribunal" or "Tribunal," where appropriate, and by inserting "Librarian's" in lieu of "its." Pub.
www.copyright.gov /title17/92chap10.html   (3444 words)

  
 U.S. Copyright Office: Brief in A&M Records v. Napster
The Audio Home Recording Act is Congress's response to a controversy between the music industry and the consumer electronics industry regarding the introduction of digital audio recording technology into the domestic consumer market.
When digital audio recording technology first became available for the consumer market, the legality of home taping of copyrighted sound recordings was a subject of ongoing controversy between the music industry and the consumer electronics industry.
The legislative history of the AHRA makes clear that the Act was intended by Congress to embody the compromise agreement reached in 1991 between the music industry on the one hand and the consumer electronics industry and consumer groups on the other.
www.copyright.gov /docs/napsteramicus.html   (5986 words)

  
 Audio Home Recording Act of 1992
A "digital audio recording medium" is any material object in a form commonly distributed for use by individuals, that is primarily marketed or most commonly used by consumers for the purpose of making digital audio copied recordings by use of a digital audio recording device.
If the digital audio recording device is not part of a physically integrated unit and substantially similar devices have been distributed separately at any time during the preceding 4 calendar quarters, the royalty payment shall be based on the average transfer price of such devices during those 4 quarters.
If the digital audio recording device is not part of a physically integrated unit and substantially similar devices have not been distributed separately at any time during the preceding 4 calendar quarters, the royalty payment shall be based on a constructed price reflecting the proportional value of such device to the combination as a whole.
www.brouhaha.com /~eric/bad_laws/ahra.html   (3282 words)

  
 MUSIC PIRACY AND THE AUDIO HOME RECORDING ACT
In an act of self-defense, the largest record companies are developing anti-piracy technology to protect their copyrighted music against the information technology industry’s movement toward increasingly user-friendly digital hardware and software.
This system allows digital recorders to make a first-generation copy of a digitally recorded work, but does not allow a second-generation copy to be made from the first copy (users may still make as many first-generation copies as they want).
It is clear from the language of the AHRA, and subsequent judicial interpretations of the statute, that Congress did not anticipate ten years ago that the SCMS would be inadequate to contain the impending home digital recording explosion that was galvanized by the Internet.
www.law.duke.edu /journals/dltr/articles/2002dltr0023.html   (2590 words)

  
 GigaLaw.com: Why Can't I Make Copies From Copies of My CDs?   (Site not responding. Last check: 2007-11-06)
Third, since royalties are being paid by the manufacturers or importers of the new recording devices and media, the copyright owners agreed to forever waive the right to sue consumers for copyright infringement using audio recording devices in their homes.
In passing the new home recording amendment, Congress obviously anticipated that the new digital audio tape systems would be the next major technology in the music industry.
The Recording Industry Association of America (RIAA) brought suit against Diamond, claiming that the device failed to comply with the audio home recording amendment, because it didn't have a serial copy management system (and Diamond didn't pay the royalty that it would have had to pay if the device were covered by the statute).
www.gigalaw.com /articles/2001-all/samuels-2001-04-all.html   (1435 words)

  
 Copyright - Copyright Laws   (Site not responding. Last check: 2007-11-06)
Criminal penalties are available for intentional acts undertaken for purposes of "commercial advantage" or "private financial gain." "Private financial gain" includes the possibility of financial loss to the copyright holder as well as traditional "gain" by the defendant.
Right of Making Available – Record companies have the exclusive right to make the original and subsequent copies of their sound recordings available to the public, to authorize the commercial rental of those recordings to the public, and to make the recordings available to the public by wire or wireless means.
This law allows copyright owners of sound recordings the right to authorize certain digital transmissions of their works, including interactive digital audio transmissions, and to be compensated for others.
www.riaa.com /issues/copyright/laws.asp   (2884 words)

  
 [No title]   (Site not responding. Last check: 2007-11-06)
After more than a decade of dispute and uncertainty about home audio taping and the introduction of new digital audio recording technologies, the Audio Home Recording Act paves the way for new music formats.
As part of this compromise, digital audio recording devices must include a system that prohibits serial copying, and manufacturers or importers must pay a modest royalty on new digital audio recording devices and media.
(Section 1001) The Act applies only to "digital audio recording devices," defined as devices that are designed or marketed primarily for making digital audio recordings for private use (whether or not incorporated in some other device).
www.andrew.cmu.edu /course/19-102/ahrasum.txt   (447 words)

  
 Audio Home Recording Act | Peacelist.com | Shop From Home
Electronics, science and technology based on and concerned with the controlled flow of electrons or other carriers of electric charge, especially in semiconductor devices or Audio Home Recording Act.
The invention of the Audio Home Recording Act, and the subsequent development of the Audio Home Recording Act integrated circuits have brought about revolutionary changes in electronics, which was previously based on the technology of the electron tube.
The miniaturization and savings in power brought about by these developments have allowed electronic circuits to be packaged more densely, making possible compact computers, advanced radar and navigation systems, and other devices that use very large numbers of components.
peacelist.com /electronics/2/term126.html   (215 words)

  
 About AFM - History
By the early 20th century, the recording of everything from vaudeville sketches to the classical repertoire was under way.
As a result of his efforts, the AFM and the recording companies agreed to create the Recording and Transcription Funds (later named the Recording Industries Music Performance Trust Funds) which continues today to promote music appreciation and music education through sponsorship of free public performances throughout the US and Canada.
Record sales increased with the coming of age of the Baby Boom generation.
www.afm.org /public/about/history.php   (2169 words)

  
 Digital Copyright Terminology   (Site not responding. Last check: 2007-11-06)
It is defined in Section 29 of the Act and is limited to use for the purposes of research, private study and news reporting.
The USA's Audio Home Recording Act of 1992 introduced Section 1008 of Title 17 of the United States Code, which essentially says that it's ok to record music because you've paid a levy on the media you're recording to.
Essentially, the recording industry managed to convince the government that they should be compensated for any unauthorized copying of their copyrighted material that goes on within the privacy of people's homes.
www.digital-copyright.ca /copyright_jargon.shtml   (4465 words)

  
 Stanford Copyright & Fair Use - Primary Materials
First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
The copy shop acted without permission from the copyright holders, and the main question presented in the case was whether the fair use doctrine obviated the need to obtain such permission.
The term of the copyright as to the notes or improvements, is computed from the time of recording the title thereof, and not from the time of recording the title of the original work.
fairuse.stanford.edu /primary_materials   (4311 words)

  
 Audio Home Recording Act of 1992
recordings to encode any such digital musical recording with respect to its copyright status.
Notwithstanding paragraph (1) or (2), the amount of the royalty payment for each digital audio recording device shall not be less than $1 nor more than the royalty maximum.
recordings or analog musical recordings or disseminated to the public in transmissions.
www.atomly.com /random/ahra.html   (4283 words)

  
 Eldred and the Copyright Barons
Although he considered posting some of them anyway in an act of civil disobedience, he instead decided to sue the United States government, claiming that the copyright extention was unconstitutional, at odds with the copyright clause's mention of "limited" times.
Most home audio players ignore such errors, and human listeners can't hear the difference.
While such "format shifting", like copying an LP to tape, is protected as Fair Use by the Audio Home Recording Act, and is not a crime, there is also no law compelling content providers to enable such use.
www.writingonyourpalm.net /column020422.htm   (2789 words)

  
 US CODE: Title 17,1004. Royalty payments   (Site not responding. Last check: 2007-11-06)
Amount of payment.— The royalty payment due under section 1003 for each digital audio recording device imported into and distributed in the United States, or manufactured and distributed in the United States, shall be 2 percent of the transfer price.
Limits on royalties.— Notwithstanding paragraph (1) or (2), the amount of the royalty payment for each digital audio recording device shall not be less than $1 nor more than the royalty maximum.
Digital Audio Recording Media.— The royalty payment due under section 1003 for each digital audio recording medium imported into and distributed in the United States, or manufactured and distributed in the United States, shall be 3 percent of the transfer price.
www4.law.cornell.edu /uscode/17/1004.html   (323 words)

  
 AHRA - Webopedia.com
Short for the Audio Home Recording Act of 1992, an amendment to the U.S. federal Copyright Act of 1976.
According to the AHRA, the manufacturers and importers of digital audio recording devices and media must pay a royalty tax to the copyright holders of music that is presumably being copied in order to compensate them for lost royalties due to consumers copying audio recordings at home.
In exchange, the copyright holders waive the right to claim copyright infringement against consumers using audio recording devices in their homes for noncommercial use.
drmwatch.webopedia.com /TERM/A/AHRA.html   (216 words)

  
 analog recording, analog recording info   (Site not responding. Last check: 2007-11-06)
Recording 24 discrete analog tracks spread vertically across 2 wide tape has been the standard in studios since the early 80s and we of course offer this format, but many producers are taking it...
Sonart Recording Studio Mt. Tremper, NY west of Woodstock, New York, Sonart Recording Studio - a state-of-the-art digital and analog recording facility - sits nestled at the base of Mount Tremper by the famous Esopus Creek in one of...
The Noise Reduction unit processes (encodes) the audio signal before it is recorded to minimize the electronic hiss that is inherent in analog tape recording devices.
recording-gear-review.com /analogrecording   (1632 words)

  
 Sound Recorder Software :Audio Playback Recorder(3D MP3 Sound Recorder)
This allows recording from external microphones, the line-in jack, the computer CD drive, Internet radio stations, movies, games, etc. These files may be saved in WAV or MP3 format, as desired.
This means that you don’t have to baby-sit the process as other audio recorders demand.
Also that it is very easy to record from records and tapes.
www.tongsoft.com   (1322 words)

  
 What about the Audio Home Recording Act?   (Site not responding. Last check: 2007-11-06)
Contrary to what the RIAA wants you to believe, it appears that making a copy of an audio recording may be perfectly legal in the US, even if you don't own the original recording, as long as it is for noncommercial purposes.
Since 1992, the U.S. Government has collected a tax on all digital audio recorders and blank digital audio media manufactured in or imported into the US, and gives the money directly to the RIAA companies, which is distributed as royalties to recording artists, copyright owners, music publishers, and music writers:
Napster tried to use this law to defend their case, and the court ruled this law did not apply to them because they are a commercial company.
trillian.mit.edu /~jc/ideas/AudioHomeRecordingAct.html   (394 words)

  
 informations audio home recording act summary   (Site not responding. Last check: 2007-11-06)
Audio Recording Center:, Digital, Analog, Sound Software, Home Demo...
Audio Recording Center: your resource for analog, digital, home demo, sound software, studios and other recording information.
Audio recording, audio recording training videos, home recording, home...
www.hamburg-2010.de /audio_home_recording_act_summary.html   (319 words)

  
 Stereophile: RIAA vs CEA Over DAB
As a result, the group is supporting regulatory restraints on digital audio broadcasting (DAB) in reaction to a Federal Communications Commission (FCC) Notice of Inquiry (NOI) regarding DAB content control.
The CEA also argues that the Commission lacks the jurisdiction to restrict DAB, pointing to the Audio Home Recording Act of 1992.
"Without any evidence of harm to home recording of digital radio," says the CEA, "issues regarding digital audio content control are inappropriate for rulemaking at this critical stage of the DAB conversion process.
www.stereophile.com /news/062104dab   (709 words)

  
 p2pnet.net - the original daily p2p and digital media news site
The 9th district and circuit courts have both ruled that p2p nets are legal because, much like the VCR before them, there are substantial non-infringing uses of p2p nets, and many uses which are arguably fair uses (i have 1.5 wks of foreign and out of print music which attest to that).
Further, the audio home recording act of 1992 made clear that noncommercial trading of music was legal, the only reason why doing so over p2p is not is because of a loophole in the act's definition of "digital audio recording".
The school is protected under the safe harbor provisions of the digital millennium copyright act, and I believe it had no excuse blanket banning p2p networks which have many legal uses (ex: bit torrent used for linux and political videos).
p2pnet.net /story/3951   (822 words)

  
 Omniseek: /Music /Audio /Home Recording /   (Site not responding. Last check: 2007-11-06)
The HRRC strongly supports the consumer's right to record audio --whether analog or digital, from purchased recordings or over-the-air --for private, noncommercial use.
RECENT DEVELOPMENTS THE AUDIO HOME RECORDING ACT OF 1992 Christine C. Carlisle I. Introduction The enactment of the Audio Home Recording Act(1) (AHRA) to regulate the new area of Digital Audio...
An argument defending Diamond's position that it is not violating the Audio Home Recording Act.
www.omniseek.com /srch/{12577}   (414 words)

  
 Rio Portable Music Player is Not Subject to Audio Home Recording Act of 1992   (Site not responding. Last check: 2007-11-06)
California (7-23-99): The Recording Industry Association of America and the Alliance of Artists and Recording Companies (collectively, "RIAA") sought to enjoin the manufacture and distribution by Diamond Multimedia Systems of the Rio portable music player (shown right).
The Rio is a small device with headphones that allows a user to download MP3 audio files from a computer and listen to them elsewhere.
The United States Court of Appeals for the Ninth Circuit found that the Rio is not a digital audio recording device subject to the restrictions of the Audio Home Recording Act of 1992 as the Rio cannot make copies from audio transmission, but instead, can only make copies from a computer hard drive.
www.baypatents.com /News/html_news/mp3_news.htm   (143 words)

  
 US CODE: Title 17,1002. Incorporation of copying controls   (Site not responding. Last check: 2007-11-06)
Prohibition on Circumvention of the System.— No person shall import, manufacture, or distribute any device, or offer or perform any service, the primary purpose or effect of which is to avoid, bypass, remove, deactivate, or otherwise circumvent any program or circuit which implements, in whole or in part, a system described in subsection (a).
Prohibition on encoding inaccurate information.— No person shall encode a digital musical recording of a sound recording with inaccurate information relating to the category code, copyright status, or generation status of the source material for the recording.
Information Accompanying Transmissions in Digital Format.— Any person who transmits or otherwise communicates to the public any sound recording in digital format is not required under this chapter to transmit or otherwise communicate the information relating to the copyright status of the sound recording.
www4.law.cornell.edu /uscode/17/1002.html   (346 words)

  
 home recording act   (Site not responding. Last check: 2007-11-06)
Selected sections from the Audio Home Recording Act (AHRA) of 1992, 17 U.S.C...
laws against renting records] was the Audio Home Recording Act of 1992...
THE ACT OF WAR The Overthrow of the Hawaiian Nation (video) Na Maka o Ka 'Aina in association with the Center for Hawaiian Studies.
www.drugs4less.ca /home-recording-act.html   (333 words)

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