Tell Me If I'm Inapropriate

[surfnut]

I practice the mando a lot in my truck before work, and store all my instuctional materials in the back jump seat. Somebody got in the back and wasnt careful where they sat. They broke the CD that comes with "TEACH YOURSELF BLUEGRASS MANDOLIN" by Andy Statman . Its a good book and I miss the CD. I hate to buy the book twice.

[beachbum]

I also carry mine around. I practice during lunch in my office where I have a dvd/cd player on my computer. I've recently started carrying my Sam Bush DVD and wondered what I would do if something happened to one of them. Have you contacted Oak Publications? Maybe if you send them the broken one they will replace it. I've had software manufacturers do this before. Good Luck!

[mandolooter]

No

[J. Mark Lane]

I've never thought about this question, to tell you the truth, but I think even under these circumstances technically it would be unlawful for you to ask someone to burn you a copy (or for someone to comply). I'm sympathetic. You did buy an original. And the fact that you are asking shows good faith and a desire to be honest and lawful. But... one of the things about the market is that if you lose or break a CD you bought, you can/should buy yourself a new one. Them's the breaks, I'm afraid. Having someone else copy, for you, copyrighted material that they purchased is unlawful, period. That said, it is conceivable to me that there might be law on this that I have just never checked out, so if anyone can correct me, please do.

[Magnus Geijer]

I know that Microsoft will replace a trashed CD if you have the license to go with it. Now, Microsoft isn't music and isn't regulated by the RIAA, but logic would dictate that since it's been pointed out over and over by these dear a********** that it's not the media you pay for, it's the rights to use what's on it, logic would dictate that you should be allowed to replace broken media.

Of course, if logic and copyright law ended up in the same room, the reaction would probably be one similar to matter and antimatter.

[Bob DeVellis]

This seems to fall into a "fair use" category to me, but that's a pretty uninformed opinion.

[J. Mark Lane]

Has nothing to do with fair use.

[ethanopia]

this a great example of why the ease of ripping a back up is so important. CD's are not permanent and get damaged so if you have a digital backup you can just rip another one.
I have a lot of my important cds backed up digitally, if somehting happens to them bam burn a new one, no big deal.

[Andrew Reckhart]

Ethanopia hit it right on the head. It is lawful to burn a copy for the intent of preserving the original. Buy a new one, burn it, put the original copy back in the case and put it out of harm's way. That way you always have the ability to re-copy the original and don't have to worry about the honesty of the whole thing.

[mandolooter]

I guess Im way out of line, but if I had the cd in question, a copy would already be on its way...I'd a paid for mine, he'd a paid for his and would be learning the next tune as you read this post. Heck I'd probably put a flowerpot on it!

[Peakbagr]

A CD that you purchase has MOST of its value and cost in whats on it, not the pennies it costs to manufacture it.
So little of the cost is the disk itself, I think it would be unconscionable for the dealer not to replace it if you paid the shipping.
If they refused, I feel you have violated no moral code to copy something you've alread paid for.

[surfnut]

Gentlefolks thanks for all the kind , interesting and informative replies. I guess I'm a bit of an anarchist but whats right doesnt seem to be whats legal. Cant go there but it seems to be societal problem. I'm gonna try "beachbums" suggestion and get ahold of " Oak Publications" and see how they feel. Isn't this forum great thankyou Scott
Kerry

[WV Mike]

surfnut, sorry I can't help you with that CD. I would if I had it. Your situation is a different beast than trading hundreds on MP3s that were never bought one time! But, going through the mfr. is the safest way.

I've been burning back-ups of all my instructional CDs as I travel a lot and take them with me on the road. I've left or "lost" so much stuff in hotels over the last decade. I'm glad I do this after hearing your story.

Good luck, Mike

[Christine W]

If the maufacturer doesn't replace it ,would the friend who sat on it in the first place maybe at least go halvsies on another?

[Lee]

Hint: If/when you contact Oaks about a replacement, be very sure to tell them how much you've enjoyed the book and the CD and that YOU'VE TOLD ALL YOUR FRIENDS ABOUT IT.
(I'm keeping my eyes open for it.)

[Salty Dog]

Since non-lawyers seem to be freely expressing opinions, I as a non-lawyer will express mine. #Copyright and patent laws are about protecting intellectual assets and the proper assurance of reward to those who originated or own those assets. #I am co-author on two US Patents and several published articles but I own rights to none as I worked for a corporation that owns them (standard practice).
# # It would seem to me that once you have paid for the permanent use and enjoyment of that intellectual property, the simple restoration of what was destroyed by accident should be allowed as much as making a backup copy (for personal use) would be allowed. #It is not about depriving someone of income but rather being able to continue to enjoy what you have already paid for.

[AspiringLuthier]

>>once you have paid for the permanent use and enjoyment of that intellectual property...

And therein lies the rub. The latest argument is that while you may be purchasing the distribution media (i.e., the disk itself), the actual content still belongs to the manufacturer and they therefore retain control even after the purchase. In other words, you may be buying the disk, but you're only leasing the content and can't legally make backup copies or even resell it. That way, not only do you have to buy multiple copies, but pay royalties again on used CD's and software as well. Even better is Microsoft's take on it. Read the End User License Agreement for XP sometime. According to that, installing the operating system makes it a part of the hardware and permanently links the two together. According to Bill, if you buy a new computer then you have to buy a new copy of the OS even if the old machine is going into the trash. You can't wipe the drive on you old machine and load the copy you previously purchased on the new machine. I don't mean running the same copy on two different machines, I'm talking about completely moving it from one machine to another. At least, that's what it says in the license agreement that almost nobody reads. I doubt it would hold up in court, but who has the resources to take on Bill's lawyers?

[Dolamon]

While fully appreciating the legalities of copyright, plagarism, copying and down right theft, there is another moral and ethical way around this. I've gotten copies of hard to obtain CD's and made copies for other people of music which is just not around. In every case, IF I could find an address for the recording artist, I sent them five bucks for the privilege of enjoying their efforts. I've done this about twenty times and got signed responses from 4 of the individuals.

If I couldn't find the address - I sent five bucks to one of three charities which I felt were appropriate. If you know how much an artist gets from the sale of a recording ... you know this is a minor windfall. I fully realize this is out of the ken of the legal entities ... but then we're talking moral and ethical issues here, not the law or lawyers.