The Home Recording Rights Coalition is a non-profit advocacy organization in the U.S., whose mission is to protect the rights of consumers to view, listen to, and record radio and television broadcasts.
Founded in 1981 in response to the Sony Corp. of America v. Universal City Studios, Inc. case, the group has more recently urged the U.S. Congress and Federal Communications Commission to prevent for-profit corporations and their trade organizations (like the MPAA and RIAA) from eroding or even destroying the private, in-home fair use of new digital audio and video technologies, such as DTV, HDTV, DAB, DVD and others.
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Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.
A record label, or record company, is a brand or trademark of music recordings and music videos, or the company that owns it. Sometimes, a record label is also a publishing company that manages such brands and trademarks, coordinates the production, manufacture, distribution, marketing, promotion, and enforcement of copyright for sound recordings and music videos, while also conducting talent scouting and development of new artists, and maintaining contracts with recording artists and their managers. The term "record label", derives from the circular label in the center of a vinyl record which prominently displays the manufacturer's name, along with other information. Within the mainstream music industry, recording artists have traditionally been reliant upon record labels to broaden their consumer base, market their albums, and promote their singles on streaming services, radio, and television. Record labels also provide publicists, who assist performers in gaining positive media coverage, and arrange for their merchandise to be available via stores and other media outlets.
PolyGram N.V. was an entertainment company and major music record label formerly based in the Netherlands. It was founded in 1962 as the Grammophon-Philips Group by Dutch corporation Philips and German corporation Siemens, to be a holding for their record companies, and was renamed "PolyGram" in 1972. The name was chosen to reflect the Siemens interest Polydor Records and the Philips interest Phonogram Records. The company traced its origins through Deutsche Grammophon back to the inventor of the flat disc gramophone, Emil Berliner.
"Home Taping Is Killing Music" was the slogan of a 1980s anti-copyright infringement propaganda campaign by the British Phonographic Industry (BPI), a British music industry trade group. With the rise in cassette recorder popularity, the BPI feared that the ability of private citizens to record music from the radio onto cassettes would cause a decline in record sales. The logo, consisting of a Jolly Roger formed from the silhouette of a compact cassette, also included the words "And It's Illegal". The campaign was officially launched by then-BPI chairman Chris Wright on 28 October 1981.
Sony Music Entertainment (SME), also known as simply Sony Music, is an American multinational music company. Being owned by the parent conglomerate Sony Group Corporation, it is part of the Sony Music Group, which is owned by Sony Entertainment and managed by the American umbrella division of Sony.
The Audio Home Recording Act of 1992 (AHRA) amended the United States copyright law by adding Chapter 10, "Digital Audio Recording Devices and Media". The act enabled the release of recordable digital formats such as Sony and Philips' Digital Audio Tape without fear of contributory infringement lawsuits.
MGM Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 (2005), is a United States Supreme Court decision in which the Court unanimously held that defendant peer-to-peer file sharing companies Grokster and Streamcast could be sued for inducing copyright infringement for acts taken in the course of marketing file sharing software. The plaintiffs were a consortium of 28 of the largest entertainment companies.
A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (2001) was a landmark intellectual property case in which the United States Court of Appeals for the Ninth Circuit affirmed the ruling of the United States District Court for the Northern District of California, holding that defendant, peer-to-peer (P2P) file-sharing service Napster, could be held liable for contributory infringement and vicarious infringement of the plaintiffs' copyrights. This was the first major case to address the application of copyright laws to peer-to-peer file sharing.
In re Aimster Copyright Litigation, 334 F.3d 643, was a case in which the United States Court of Appeals for the Seventh Circuit addressed copyright infringement claims brought against Aimster, concluding that a preliminary injunction against the file-sharing service was appropriate because the copyright owners were likely to prevail on their claims of contributory infringement, and that the services could have non-infringing users was insufficient reason to reverse the district court's decision. The appellate court also noted that the defendant could have limited the quantity of the infringements if it had eliminated an encryption system feature, and if it had monitored the use of its systems. This made it so that the defense did not fall within the safe harbor of 17 U.S.C. § 512(i). and could not be used as an excuse to not know about the infringement. In addition, the court decided that the harm done to the plaintiff was irreparable and outweighed any harm to the defendant created by the injunction.
The music industry consists of the individuals and organizations that earn money by writing songs and musical compositions, creating and selling recorded music and sheet music, presenting concerts, as well as the organizations that aid, train, represent and supply music creators. Among the many individuals and organizations that operate in the industry are: the songwriters and composers who write songs and musical compositions; the singers, musicians, conductors, and bandleaders who perform the music; the record labels, music publishers, recording studios, music producers, audio engineers, retail and digital music stores, and performance rights organizations who create and sell recorded music and sheet music; and the booking agents, promoters, music venues, road crew, and audio engineers who help organize and sell concerts.
Secondary liability, or indirect infringement, arises when a party materially contributes to, facilitates, induces, or is otherwise responsible for directly infringing acts carried out by another party. The US has statutorily codified secondary liability rules for trademarks and patents, but for matters relating to copyright, this has solely been a product of case law developments. In other words, courts, rather than Congress, have been the primary developers of theories and policies concerning secondary liability.
Who Makes Movies? was an advertising campaign run jointly by several international associations looking to crack down on copyright infringement of motion pictures, most notably the MPAA, as part of the larger "Respect Copyrights" campaign. The campaign was endorsed by several motion picture workers' guilds, including the Directors Guild of America, the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts, the Motion Picture Editors Guild, the Screen Actors Guild and the Writers Guild of America.
"Piracy is theft" was a slogan used by UK non-profit organization FAST. It was first used in the 1980s and has since then been used by other similar organisations such as MPAA. It has also been used as a statement, although that has been challenged as being inaccurate.
Vault Corporation v Quaid Software Ltd. 847 F.2d 255 is a case heard by the United States Court of Appeals for the Fifth Circuit that tested the extent of software copyright. The court held that making RAM copies as an essential step in utilizing software was permissible under §117 of the Copyright Act even if they are used for a purpose that the copyright holder did not intend. It also applied the "substantial noninfringing uses" test from Sony Corp. of America v. Universal City Studios, Inc. to hold that Quaid's software, which defeated Vault's copy protection mechanism, did not make Quaid liable for contributory infringement. It held that Quaid's software was not a derivative work of Vault's software, despite having approximately 30 characters of source code in common. Finally, it held that the Louisiana Software License Enforcement Act clause permitting a copyright holder to prohibit software decompilation or disassembly was preempted by the Copyright Act, and was therefore unenforceable.
Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984), also known as the “Betamax case”, is a decision by the Supreme Court of the United States which ruled that the making of individual copies of complete television shows for purposes of time shifting does not constitute copyright infringement, but is fair use. The Court also ruled that the manufacturers of home video recording devices, such as Betamax or other VCRs, cannot be liable for infringement. The case was a boon to the home video market, as it created a legal safe haven for the technology.
In broadcasting, time shifting is the recording of programming to a storage medium to be viewed or listened to after the live broadcasting. Typically, this refers to TV programming but it can also refer to radio shows via podcasts.
Elektra Records Co. v. Gem Electronic Distributors, Inc., 360 F. Supp. 821, was an important case before the United States District Court for the Eastern District of New York that concerned copyright infringement, which held that secondary persons or entities could be liable for that tort under certain circumstances, and is also called the "'make-a-tape' case".
Recording Indus. Ass’n of Am. v. Diamond Multimedia Sys., Inc., 180 F.3d 1072, 51 U.S.P.Q.2d (BNA) 1115 was a case decided by the United States Court of Appeals for the Ninth Circuit in 1999. The court applied the Audio Home Recording Act to the Rio digital audio player manufactured by Diamond Multimedia, concluding that the Rio was not a "digital audio recording device" under that statute.
The Copyright Alliance is a nonprofit, nonpartisan 501(c)(4) organization representing artistic creators across a broad range of copyright disciplines.
