Ripping - Legality - United States

United States

U.S. copyright law (Title 17 of the United States Code) generally says that making a copy of an original work, if conducted without the consent of the copyright owner, is infringement. The law makes no explicit grant or denial of a right to make a "personal use" copy of another's copyrighted content on one's own digital media and devices. For example, space shifting, by making a copy of a personally-owned audio CD for transfer to an MP3 player for that person's personal use, is not explicitly allowed or forbidden.

Existing copyright statutes may apply to specific acts of personal copying, as determined in cases in the civil or criminal court systems, building up a body of case law. Consumer copyright infringement cases in this area, to date, have only focused on issues related to consumer rights and the applicability of the law to the sharing of ripped files, not to the act of ripping, per se.

Recording industry representatives have claimed (in the context of Atlantic v. Howell) that ripping may be regarded as copyright infringement. However, there is no legal precedent for this and, even within the industry, this is the minority view. In oral arguments before the Supreme Court in MGM Studios, Inc. v. Grokster, Ltd., MGM attorney Don Verrilli (later appointed United States Solicitor General by the Obama administration), stated: "And let me clarify something I think is unclear from the amicus briefs. The record companies, my clients, have said, for some time now, and it's been on their Website for some time now, that it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod. There is a very, very significant lawful commercial use for that device, going forward." Nevertheless, in lawsuits against individuals accused of copyright infringement for making files available via file-sharing networks, RIAA lawyers and PR officials have characterized CD ripping as "illegal" and "stealing". Asked directly about the issue, RIAA president Cary Sherman asserted that the lawyers misspoke, and that the RIAA has never said if it was legal or illegal, and he emphasized that the RIAA had not yet taken anyone to court over that issue alone.

Read more about this topic:  Ripping, Legality

Famous quotes related to united states:

    The real charm of the United States is that it is the only comic country ever heard of.
    —H.L. (Henry Lewis)

    The United States must be neutral in fact as well as in name.... We must be impartial in thought as well as in action ... a nation that neither sits in judgment upon others nor is disturbed in her own counsels and which keeps herself fit and free to do what is honest and disinterested and truly serviceable for the peace of the world.
    Woodrow Wilson (1856–1924)

    In the United States, it is now possible for a person eighteen years of age, female as well as male, to graduate from high school, college, or university without ever having cared for, or even held, a baby; without ever having comforted or assisted another human being who really needed help. . . . No society can long sustain itself unless its members have learned the sensitivities, motivations, and skills involved in assisting and caring for other human beings.
    Urie Bronfenbrenner (b. 1917)

    In one notable instance, where the United States Army and a hundred years of persuasion failed, a highway has succeeded. The Seminole Indians surrendered to the Tamiami Trail. From the Everglades the remnants of this race emerged, soon after the trail was built, to set up their palm-thatched villages along the road and to hoist tribal flags as a lure to passing motorists.
    —For the State of Florida, U.S. public relief program (1935-1943)

    ... it is probable that in a fit of generosity the men of the United States would have enfranchised its women en masse; and the government now staggering under the ballots of ignorant, irresponsible men, must have gone down under the additional burden of the votes which would have been thrown upon it, by millions of ignorant, irresponsible women.
    Jane Grey Swisshelm (1815–1884)