It's been ages I've been to law school, but I believe the commercial distribution of copyrighted material, including electronic (P2P) file-sharing or the dissemination of download links is unlawful. Borrowing copyrighted material falls under fair use. I am quite sure that Bart neither had any criminal intent nor acted with a view to gain, so let's not assume the worst, but rather wait for someone's review of the afore-mentioned audio book. 
Fair Use is more about using sections of a copyrighted work (reporting, treatsie, research, discussion, etc). US Copyright Law does allow for making personal copies of the original recording for playback on your own devices. So, for example, if you need to load the CD onto iTunes ro play on your iPhone - that's OK. Same thing, actually with borrowing a CD from a library. You're supposed to remove the playable copy when you return the original media.
Some audiobooks have more specific clauses about lending. Including how many copies can be made, how long you can keep them, etc.
'Performance' of a book, now then, would involve slightly different rights. For example, it's like a cover band playing songs, verbatum of say, The Rolling Stones. So, the performer would need to pay some small fee - mechanical license - and the original author cannot deny this.
So, say, for example, our good friend Bartok made a recorded 'performance' of him reading this book. He'd be free to distribute this anyway he wants. And the only thing he'd be responsible for paying are mechancial royalties (if there was a commercial gain).
Let's not jump all over someone offering to share to friends a media. in fact this is more times legal than not. What the copyright download hysteria is more related to is INTENTIONAL OR KNOWINGLY DOWNLOAD TO DISTRIBUTE OR BROADCAST. OK??
Now then, if I sniped a copy of the audio book from BitTorrent and then wanted to loan that out , it would be illegal. Mainly my issue, not the end recipient. Since I would be guilty of 'stealing'. The recipient is not necessarily required to perform the due diligence as to the source of the media. (Above INTENTIONAL or KNOWINGLY)
But, we're in Japan , and if this site is hosted in Japan, then slightly different laws will apply. But not too much - Japan and US Copyright are quite similar. Japan does not have the 'Fair Use' law, per se - and also uses 2 distinct 'Rights' categories for describing the usage allowances. Both countries do have WIPO administered treaties and also other bi-lateral Copyright treaties that extend to more 'entertainment' media.
Use of any copyright material for educational purposes is allowed in Japan. So, Sir James Machin, honorable certified Coach and Professor Emeritus of the Tokyo Cycling College, may, himself, make copies of said audio book and use them in teaching the 'students' (matriculated members of the Tokyo Cycling College) in anyway he deems fit. But if he charges us for the popcorn or test at the end of the course - he must pay a mechanical royalty back to the author (pre-negotiated). If he doesn't, then JASRAC will send the boys in black after his Dogma.
Some audiobooks have more specific clauses about lending. Including how many copies can be made, how long you can keep them, etc.
'Performance' of a book, now then, would involve slightly different rights. For example, it's like a cover band playing songs, verbatum of say, The Rolling Stones. So, the performer would need to pay some small fee - mechanical license - and the original author cannot deny this.
So, say, for example, our good friend Bartok made a recorded 'performance' of him reading this book. He'd be free to distribute this anyway he wants. And the only thing he'd be responsible for paying are mechancial royalties (if there was a commercial gain).
Let's not jump all over someone offering to share to friends a media. in fact this is more times legal than not. What the copyright download hysteria is more related to is INTENTIONAL OR KNOWINGLY DOWNLOAD TO DISTRIBUTE OR BROADCAST. OK??
Now then, if I sniped a copy of the audio book from BitTorrent and then wanted to loan that out , it would be illegal. Mainly my issue, not the end recipient. Since I would be guilty of 'stealing'. The recipient is not necessarily required to perform the due diligence as to the source of the media. (Above INTENTIONAL or KNOWINGLY)
But, we're in Japan , and if this site is hosted in Japan, then slightly different laws will apply. But not too much - Japan and US Copyright are quite similar. Japan does not have the 'Fair Use' law, per se - and also uses 2 distinct 'Rights' categories for describing the usage allowances. Both countries do have WIPO administered treaties and also other bi-lateral Copyright treaties that extend to more 'entertainment' media.
Use of any copyright material for educational purposes is allowed in Japan. So, Sir James Machin, honorable certified Coach and Professor Emeritus of the Tokyo Cycling College, may, himself, make copies of said audio book and use them in teaching the 'students' (matriculated members of the Tokyo Cycling College) in anyway he deems fit. But if he charges us for the popcorn or test at the end of the course - he must pay a mechanical royalty back to the author (pre-negotiated). If he doesn't, then JASRAC will send the boys in black after his Dogma.
It's been ages I've been to law school, but I believe the commercial distribution of copyrighted material, including electronic (P2P) file-sharing or the dissemination of download links is unlawful. Borrowing copyrighted material falls under fair use. I am quite sure that Bart neither had any criminal intent nor acted with a view to gain, so let's not assume the worst, but rather wait for someone's review of the afore-mentioned audio book.
This weekend's Convenient Concept is illocutionary force.
Quite aside from illocutionary and perlocutionary forces:
Yes, I believe so. In practice (not law), "fair use" in the US (like "fair dealing" elsewhere) seems to have come to mean "republishing small bits of things wherever it's convenient and not too dickish to do so". (The actual right seems narrower and more complex, though IANAL.) I don't think that any similar assumed (let alone actual) right exists in Japan; though yes, schools are in some ways anomalous.
Quite aside from illocutionary and perlocutionary forces:
Yes, I believe so. In practice (not law), "fair use" in the US (like "fair dealing" elsewhere) seems to have come to mean "republishing small bits of things wherever it's convenient and not too dickish to do so". (The actual right seems narrower and more complex, though IANAL.) I don't think that any similar assumed (let alone actual) right exists in Japan; though yes, schools are in some ways anomalous.
This has turned into something ridiculous. I am not trying to sell anything or gain any financial profit out of it. I offered something that I thought would be interesting to some members of this forum. I was simply trying to be nice. That's all.
If I came to your house, saw an interesting book, a CD, etc. and asked to borrow it, I think you would lend it to me (I hope). There is nothing wrong with it or am I missing something here?
On the other hand, if such posts are against the forum rules, I do apologize. Please delete the thread and let's all forget abou it.
If I came to your house, saw an interesting book, a CD, etc. and asked to borrow it, I think you would lend it to me (I hope). There is nothing wrong with it or am I missing something here?
On the other hand, if such posts are against the forum rules, I do apologize. Please delete the thread and let's all forget abou it.
Bartek, I fully appreciate the thought behind your offer and it truly is a nice gesture.
My flagging of this post however was based purely on previous situations where the same thing has happened. I must say though I find the hypocrisy on this site rather amusing, on one side off the coin we close down threads or shy away from sharing torrents, videos and cycling related software that you have to pay for yet distributing something like this ebook seems fair game.
So I think the it’s best the owners state clearly what the rules on this matter. Is the distribution of copyright material regardless of media allowed or not?
Also Microcord you might want to read my original post "Erm I think what you are offering is illegal and against forum rules. " Where am I being critical? I'm pointing out that distribution and posting links to copyright material has previously being stopped by the owners of this site.
My flagging of this post however was based purely on previous situations where the same thing has happened. I must say though I find the hypocrisy on this site rather amusing, on one side off the coin we close down threads or shy away from sharing torrents, videos and cycling related software that you have to pay for yet distributing something like this ebook seems fair game.
So I think the it’s best the owners state clearly what the rules on this matter. Is the distribution of copyright material regardless of media allowed or not?
Also Microcord you might want to read my original post "Erm I think what you are offering is illegal and against forum rules. " Where am I being critical? I'm pointing out that distribution and posting links to copyright material has previously being stopped by the owners of this site.
James, I appreciate your concerns and efforts, however we have to moderate in moderation and only intervene when appropriate.
I don't want to blow this thread out of proportion, but two examples:
- download links and torrents: will be deleted, no matter who's posting.
- friendly offer of a known member in good standing to share a(n e-) book with other known members in good standing: fair use, as any owner can decide to lend his belongings to others (I know, special rules might apply).
That's not hypocritical in my book, but rather an expression of the spirit of camaraderie and mutual support prevailing here on the forum.
Thanks for everyone's contributions, thread closed.
I don't want to blow this thread out of proportion, but two examples:
- download links and torrents: will be deleted, no matter who's posting.
- friendly offer of a known member in good standing to share a(n e-) book with other known members in good standing: fair use, as any owner can decide to lend his belongings to others (I know, special rules might apply).
That's not hypocritical in my book, but rather an expression of the spirit of camaraderie and mutual support prevailing here on the forum.
Thanks for everyone's contributions, thread closed.