Vinny,
Format shifting is allowed as long as you have a copy of the original.
For example, I have transferred most of my vinyl over to CD-R. My wife
said, "great, now you can finally get rid of all those albums." I had
to explain to her that if I got rid of the albums I would also have to
get rid of the CD-Rs!

Format shifting is not allowed if you own the LP, for example, and
make CD-R copies for your friends. You copy would be legal, theirs
would not.

In terms of economic harm, the argument goes, if its out of print, I'm
not taking money out of the artists pocket if I download a copy. Not
quite. What a person is doing in that situation is affecting future
revenues. Until the copyright expires, the copyright holder has
exclusive rights to reproduction. If enough people download it
illegally this can impact decisions to go to the time and expense of
re-releasing an album.

Perhaps the easiest way to understand copyright is by analogy.
Copyright is part of intellectual property law. Copyright holders have
the same rights in property as any other property holder. So, for
example, if I own a house and don't live in it, someone simply can't
move in and say "hey, you weren't living here so I moved in." (and,
until the squatter can be removed this forecloses future revenues in
rent). Make sense?



--- In markheardmusiczone@yahoogroups.com, "Vinny Kochetta"
<vkochetta@...> wrote:
>
> --- In markheardmusiczone@yahoogroups.com, minnvike67 <no_reply@>
> wrote:
> >
> >
> > A quick search of the United States Copyright Office database shows
> > that Appalachian Melody is still under copyright protection. The
> > copyright holder is listed as "Solid Rock Records" (an employer for
> > hire situation) which means that most likely Larry Norman's heirs
> now
> > hold the copyright on the album. Without their permission, it is not
> > legal (or ethical) to copy the album.
> >
> >
>
> Is it illegal and unethical if it is "format shifting"? I have Ap.
> Melody on Vinyl, would obtaining it as CD be wrong?
>
> Does it matter if the copyrighted material is sold or given away? If
> an out of print album isn't sold, is there economic harm?
>
> I don't have a dog in the fight... just trying to expand my knowledge
> a bit.
>
> --- Vinny
>