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donwloading movies/music

Posted by Jelly-193845 - Created: 14 years ago
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10 replies (Showing replies: 1 to 10)

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Posted by mike-179830 - 14 years ago

Just to clarify one point: while France's copyright legislation doesn't have "fair use" as a concept, it does explicitly allow private copies to be made under certain circumstances - see Article L 122-5 of the Code de la propriété intellectuelle - so you can time-shift away in France...**************
Mike

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Posted by davidl-181802 - 14 years ago

I quickly grab a random DVD and look on the back and it states "Licensed for private home echibition only. Any public performance, copying or other use is strictly prohibited." (my emphasis). Doesn't mention for financial gain.

Love the catch all "other use" - can't use it as a coaster, bird scarer etc? Hope they don't put that on AOL discs :)

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Posted by mike-179830 - 14 years ago

Sorry SammyT, but you are wrong. **************
Mike

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Posted by SammyT-194551 - 14 years ago

I may be wrong, and I don't have a movie in front of me to look at, but I always thought the part at the beginning of the movie said something about "it's illegal to copy, hire, lend this movie to make money", with the key word being MONEY.  but it's been a long time since i'd read one of those (i hate previews and always forward through to the movie), so who knows.

-Samantha

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Posted by mike-179830 - 14 years ago

dublinmike: no difference. Both are breaches of copyright. You are(exceptionally) allowed to make a copy of broadcast TV programming for your own private use - something known as "time-shifting" - but not to distribute that copy (nor charge people to watch it, and so on...). Taping "for a friend" is not permitted. Nor is, typically, the loaning of DVDs - look on the back of the box and you will generally see that "unauthorised copying, hiring, lending..." is prohibited.

The time-shifting situation is a rare (essentially unique) exception to the rule that you cannot do anything with any copyright material unless you have the explicit consent (via a "licence") from the copyright holder or their agent. Furthermore, it's as well to be aware that the legal underpinnings of time-shifting are based on a landmark US ruling that said it fell under the "fair use" provisions of US copyright law; and France's copyright legislation has no "fair use" clause...

There's plently of good material on copyright on the Internet (try Googling copyright). Most of it has a US bias but the fundamental principles are pretty much the same all over (at least among signatories to the Berne convention), even if there are -sometimes significant - detail differences from country to country. France (with it's wide-ranging droit de l'auteur) is a relative oddball, incidentally; as with many things its rules are more comprehensive and more sweeping than in many other countries.

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Mike

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Posted by dublinmike-182617 - 14 years ago

Sammy that's EXACTLY the point to make.

AI Mike, you're good on copyright :-) ...what IS the difference between Sammy's friend taping a copy from TV versus her downloading it?

Mike

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Posted by SammyT-194551 - 14 years ago

Thanks for answering my question - I've always wondered about that.  I guess I don't really agree - I don't see it as any different as having a friend tape the show for me while I'm gone or borrowing someone's DVD, but I guess that's why I'm not part of the tv/record industry!

-Samantha

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Posted by davidl-181802 - 14 years ago

As far as I know, yes. The TV companies pay the copyright owners to distribute the TV shows to their areas, and also there will be distribution rights on any DVDs or VHS tapes of such programmes.

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Posted by mike-179830 - 14 years ago

SammyT: yes, that's a serious breach of copyright too.

In France, such breaches carry a maximum penalty of two years in prison and a fine of €150,000.

See the SNEP website here for more info on the French music industry's take on the local aspect (in French).**************
Mike

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Posted by SammyT-194551 - 14 years ago

Hi Jelly-

Just thought you might like to know...three people in my town where sentenced to jail + fines last week for downloading/sharing music and movies from Kazaa. I thought the music and entertainment industry was only suing people in the US, but looks like it's starting to happen here too!

Here's a question for the rest of you out there - Does anyone know if it's illegal to download tv shows that are shown on the regular "free" channels (ie. Friends, ER, etc)? 

Thanks,

Samantha