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Legalities of an audio CD "backup"

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Legalities of an audio CD "backup"

Postby BJG145 » Thu Apr 11, 2019 5:46 pm

...I expect this has been covered before, but I'm puzzled...

I recently started a new job where college/University lecturers are struggling with scuffed old audio CDs; things like Oxford University Press language exercises and suchlike.

In a similar role in the past (secondary school), teachers thought nothing of ripping such things to an MP3 folder. Working with physical CDs again seems archaic. However, I've been advised to tread very carefully in ripping CDs in this new place in case of copyright infringement.

I emailed the OUP for clarification, but no reply. The general discussions that can be found online indicates that a previous law allowing "backup" copies was overturned in 2015, and it remains illegal.

https://www.factmag.com/2015/07/17/copy ... in-the-uk/

Any thoughts...?
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Re: Legalities of an audio CD "backup"

Postby Hugh Robjohns » Thu Apr 11, 2019 5:54 pm

Ideally, they should purchase replacement copies to support the creation sources that they obviously value so highly...

There were valid 'get-out' arguments for copying material for use in controlled educational applications... although I gather that may be in some doubt now.

However, I'm a pragmatic person and I think it's entirely reasonable to preserve the content on an alternative format if the source disc is degrading beyond usability, and no longer available to re-acquire as a legitimate product. That's about maintaining access to legitimately held material, as opposed to duplicating it purely for convenience.

I am a staunch defender of the concept of IP/copyright but only within reason, and I fear the MU and Basca have not been entirely sensible about it -- or recognised the nature of modern technology! The entire world is duplicating paid-for copyrighted material to their phones, MP3 players, NAS playback systems, etc every day, and that tide can't be turned back. It's pointless even trying, and all that happens with the current level of legal confusion is that any potentially constructive means of supporting and protecting copyright will be globally ignored!

So, while it may well be against the strict letter of the law, it's also very unlikely any copyright holder want to pursue an individual case -- provided this is genuinely about preserving the material and not distributing it.

But that's just a personal view, not a legal one!

Here's a technical view, though: If you are going to make a 'backup archive', please rip and archive the original WAV files, not MP3s!

H
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Re: Legalities of an audio CD "backup"

Postby BJG145 » Thu Apr 11, 2019 5:59 pm

...thanks Hugh!
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