Re: [ARSCLIST] BBQ Your Vinyl Onto CD. Is ths legal ?

["Steven C. Barr(x)" <stevenc@xxxxxxxxxxxxxx>]

----- Original Message ----- 
From: "Bob Olhsson" <olh@xxxxxxxxxxxxx>
> -----Original Message-----
> >From James L Wolf: "...If they stick to BBQing the customer's own vinyl, it
> should be fair use (presuming that still exists). Otherwise, or unless a
> purchace of the vinyl original is part of the package, there's no way this
> is legal.."
> 
> Purchase of the original is part of the deal however my understanding from
> when something like this that came up a few years ago is that it's only fair
> use when you actually make a copy for your own use yourself. 
> 
> That said, they are the ones who are liable for criminal and civil
> infringement penalties and not the person who utilizes their services.
> 
Two thoughts here:

(1) Does not this imply that the owner of the analog vinyl artifact
MUST be able to prove that he/she/it actually OWNS the sound recording
in question...and IF that is the case, then the party facilitating the
(presumably legal) re-recording is doing so entirely within the law
(until that party starts selling digital copies on eBay...?!).

(2) IF one makes a copy without the above fact verified, can he/she/it
be charged with a violation of "Bono's Law"...even if inadvertant?

(2.1) If the above is the case...WHO is violating "Bono's Law??"
The party BBQ'ing the copy...or the third party who purchases an
illegal copy...?!

Steven C. Barr