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General Chat Thread, Is this infringing on copyright? in General; The HT has ripped every single one of his CDs into MP3 format and has dumped it on a shared ...
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    Is this infringing on copyright?

    The HT has ripped every single one of his CDs into MP3 format and has dumped it on a shared area for staff to play in assemblies when entering and leaving.

    I know for a fact that no one will download the MP3s and use it for their own personal usage, but does it infringe on copyright issues? If so, could you post a link to the statement?

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    plexer's Avatar
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    Absolutely, format shifting i.e from CD to MP3 is illegal.

    Ben

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    plexer's Avatar
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    However

    Latest News

    Says that the music industry has no problem with format shifting for private use, not sure you can class this as private use though.

    Ben

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    Oaktech's Avatar
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    does the school have a PRS licence?

    I think it MAY be OK, provided the CD's were all legitamately purchased and the school is PRS licenced to play music. But i'm not a lawyer!

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    nephilim's Avatar
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    PRS licence only covers if the school purchased said items

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    VERY Much illegal .. the school would have to have a format shifting license (similar to the Digital DJ License - Mechanical Copyright Protection Society Home) to allow the items to be moved for use on a single device .. but then ALL of the music that has been transferred would need to be owned by the school and not an individual member of staff ..

    The only other way round this would be for the head to purchase a produb license and to use their own hardware for playback of tracks in assembly ..

    It's an argument I keep having here. Staff come to me saying "the networks not working I can't access all of my music that I've saved to avoid bringing in my CDs from home" to which I say (as I'm a nice guy) I'll have a look, but really you shouldn't be storing music on the network if it doesn't belong to the school (one step at a time towards the whole ProDub thing - turn a blind eye kind of scenario) but next thing I know I get hauled in by the head and quizzed on various things, this being one of them, to which I reply that I had a look to see why the files weren't there, but technically as a school we shouldn't be copying music to be stored as it's illegal.

    So, I'm slowly filtering the information in, but yes, it is illegal unless you have the right license in place, and I'm not even sure there is an equivalent license that doesn't cost the earth for schools.

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    Oaktech's Avatar
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    right... I stand partially corrected...

    The school still needs a PRS licence. But it needs to get busy with the credit card and buy it's own!

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    Let's say, for example, the school didn't buy the CDs and were all personally obtained, which it is, are we not covered under the terms of PRS? I don't think for a moment we even have a PRS license. :\

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    nephilim's Avatar
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    No you are not covered, they need to be purchased by the school with a tax traceable invoice

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    Oaktech's Avatar
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    these days you can't even play the radio in a place of work without a PRS licence!

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    Right, I've shooted off an e-mail to the Bursar asking if we have a PRS licence. In the meantime I've also realised that all of the staff regularly use their own music to burn onto CDs to use in school. Since they've been doing that long before I even started at this place, I can only assume we should have this licence already. If not, then it'll be surprising how auditors haven't picked up on this!

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    nephilim's Avatar
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    Drop a note to the auditors. If you have made written requests to get this sorted and nothing is done, you are covered when the auditors come knocking!

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    Quote Originally Posted by Oaktech View Post
    does the school have a PRS licence?

    I think it MAY be OK, provided the CD's were all legitamately purchased and the school is PRS licenced to play music. But i'm not a lawyer!
    I think you'll find that unless you're paying for the right to transfer information from one format to another that you're not covered by a PRS License for this.

    What the licence allows you to do

    The licence granted by PRS for Music allows the public performance (in its original form), of any of their member's work on the licensed premises, by means of live recital or mechanical device such as tapes, CDs, radios.
    Taken from CEFM

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    rad
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    what about music files store in student areas? Where do we stand then?

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    The only place I allow music, is when the staff member has installed iTunes, and attached it to their 'account' which means their assigned laptop is linked to their iTunes.
    I don't think this is entirely legal, but it's a lot closer to it than just ripping from a CD.

    Any music that the students have illegally copied to their own area is illegal, but since you can't be 100% sure they haven't done any uploads, as long as you have a process for regularly checking for MP3s this should hold off the BPE.

    Officially the only music we store is:
    1. the stuff they are making for the qualifications.
    2. any thing they have purchased for use in plays.

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