Legal Question in Intellectual Property in Colorado

Audio Transfers/Restorations to CD.....Legal?

I've been thinking about starting a business in which I take a customer's old 78's, LP's, 45's, or cassette tapes, and transfer them to the CD medium for the customer's own personal and non-commercial use. I would be charging customers for the media transfer and audio restoration (removing clicks, pops, hiss, etc.) ONLY (i.e. NOT selling them music). A personal computer would be used to do the actual transfer, restoration, and CD mastering processes. Is this a legal business model, or is it copyright infringement?

Thanks for considering my question....


Asked on 8/11/01, 1:54 pm

1 Answer from Attorneys

Louise Aron Attorney at Law

Copyright

Louise Aron

Attorney at Law

Lakewood Office:

1536 South Ingalls

Lakewood, Colorado 80232 USA

(303) 922 7687

fax (303) 922-1370

Cherry Creek Office:

300 South Jackson #100

Denver, Colorado 80209 USA

(303) 780-7339

Satellite offices:

Boulder - 4450 Arapahoe Avenue, #100

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A TOLL FREE NUMBER is available to clients outside the Denver metro area.

web site http://www.effectnet.com/la/

email [email protected]

LawGuru user

Dear LawGuru user:

Copyright laws protect against copying of work. And if you will profit from the copying, even though your customer will not, you will need permission from the copyright holder. This means whomever owns the copyright must be contacted. An agreement regarding resale which sets forth any royalties or other compensation will need to be negotiated and signed by you and the copyright holder.

Exceptions to copyright laws ("Fair Use") include criticism, comment, news reporting, teaching, scholarship, research considering the purpose of the use (ie commercial or nonprofit), the amount used relative to the whole work and the effect of the use on the market. It could easily be argued that your services decrease the market for the copyright holder's CD's, which are commercially available and for sale.

To the extent that you are providing CD's of works that are not for sale anywhere or are not copyrighted, you may be able to profit from your service. However, I would need to do further research on this.

I invite you to visit my web site, where there is a link to an outline I wrote on Trademark and Copyright Basics.

Thank you for using LawGuru.

Sincerely,

Louise Aron

web site http://www.effectnet.com/la/

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Answered on 8/21/01, 4:19 pm


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