So, if I had a mixed tape of songs I recorded off the radio, I could freely
share copies with my friends? How about if my neighbor plays his new CD
real loud throughout the neighborhood, can I legally record those
sound-waves?
-------------
This presents an interesting theory. We are not permitted to duplicate the
copyrighted work of another, and the signals recorded on a CD or DVD are the
actual work of another. But if you record sounds transmitted through the air
(a shared medium) the new recording is actually your own work. Strictly
speaking you are entitled to do with it as you please, uncluding getting
your own copyright. If those sounds happen to include a copyrighted work by
another, that is incidental. For example I might make a recording of my
neighbor's stereo, which just happened to be playing a Madonna album at the
time. I label my new recording, "My Noisy Neighbor Who Loves Madonna," and
sell it. The courts probably would reject this reasoning, but only because
they are less interesting in justice than politics. The whole thing is
ridiculous. The world is insane.
--Phil M.
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