query ( i dont have time to look for the answer today) 1. is a music cd a "computer program"
2. is an mp3 of it a copy, or an adaptation? (adaptation I think, mp3 is lossy) anyway in common use mp3's are not used for backup, but for playing! On Fri, 14 Feb 2003 13:58:20 +1200 Yuri de Groot <[EMAIL PROTECTED]> wrote: > I found http://www.legislation.govt.nz. > > Here's something interesting regarding software backup. Still trawling for music > fair use stuff. > > 80.Back-up copy of computer program� > > (1)Subject to subsection (3) of this section, copyright in a computer program > is not infringed by the making of a copy of the computer program if� > > (a)The copy is made by or on behalf of the lawful user of the copy of the program > (in this section referred to as the ``original copy'') from which the first-mentioned > copy is made; and > > (b)The copy is made solely for the purpose of being used by or on behalf of > the lawful user of the original copy� > > (i)Instead of the original copy in order to preserve the original copy for > use if the copy is lost, destroyed, or rendered unusable; or > > (ii)If the original copy is lost, destroyed, or rendered unusable. > > (2)If the original copy is lost, destroyed, or rendered unusable, the copy > made pursuant to subsection (1) of this section shall be deemed for the purposes > of this section to be the original copy. > > (3)Subsection (1) of this section does not apply to the making of a copy of > a computer program� > > (a)From an infringing copy of the computer program; or > > (b)Contrary to an express direction by or on behalf of the owner of the copyright > in the computer program given to the lawful user of the original copy not later > than the time when the lawful user of the original copy acquired that original > copy. > > (4)For the purposes of this section,� > > (a)A reference to a computer program includes a reference to an adaptation > of that program; and > > (b)A reference to a copy of a computer program is a reference to any object > in which the program is reproduced in a material form; and > > (c)A reference to an express direction, in relation to a copy of a computer > program, includes a reference to a clearly legible direction printed on the > copy or on a package in which the copy is supplied. > > Cf Copyright Act 1968, s 43A (Aust) > > >Is there any nz govt website where one can look up legislation? I'd love to > look > >into this to find out where I stand, legally, with the collection of mp3s on > > >my computer which come from CDs that are stored in the cupboard beside said > > >computer. > > > >Yuri > > > >>Americans regard it as coming under the "fair use" provisions of the > >>copyright law. IE its fair for you to split off your music into > >>different formats so you can listen to it in a variety of ways. Its like > >>making the old fashioned cassette for the car. > >> > >>Quite how it is viewed in nz law is unknown to me, as I am a lawyer who > >>happens to like computers and OS software, not an IT or IP lawyer :-) > > > -- Nick Rout <[EMAIL PROTECTED]>
