Audio Manipulation

[WuLabsWuTecH]

I do media design work such as photo touchups and logos.banners as well as taking home videos and converting them to DVD's. I am thinking of offering a service where I'd take audio files and convert them into different formats. I have the software and hardware to do so but I'm not sure if this would be illegal (the customer would have to supply the audio, i'm not going to be downloading anything for them)

Additionally, I would also like to be able to turn any music that they hear into an mp3 for them (again provided they provide the audio or the link to a legal file of the audio) I know there are copyright laws, but would I be doing anything illegal? I would not take any jobs that required me to download anything illegally (if they want an mp3 turned into a .wav i could charge them more for it if they didn't have the mp3 and I went to iTunes to download it but would not go to Kazaa to download it). Aditionally, is creating mp3's from music in other formats (wma, rm, wmx or other files commonly found on the internet) illegal? How about turning the audio from videos (again that they provide or provide a link to a legal copy of the video) into mp3 or other format files?

Thanks!
-Ambrose

 

[labrocca]

I don't believe what you propose is illegal but consult an actual attourney first.

Conversions is not the same as infringement. You are offering a viable service. It's up to the end-user imho to have the license.

 

[DNQuest.com]

Legally, you are entitled to backup legally bought media (software, music, videos). If you tell you client that you can only do it for backup purposes and you can only do one copy, then you might be in the clear.

The problem would be when the media was not obtained legally and it was shown that you provided the service to make then copies, that could make you liable. I look at it like kazza, they only made the process to share files availble, they did not do the files. The question would be is your service comparable to thiers (IE- just providing the avenue)

 

[Flaresolutions]

Legally, you are entitled to backup legally bought media (software, music, videos). If you tell you client that you can only do it for backup purposes and you can only do one copy, then you might be in the clear.

The problem would be when the media was not obtained legally and it was shown that you provided the service to make then copies, that could make you liable. I look at it like kazza, they only made the process to share files availble, they did not do the files. The question would be is your service comparable to thiers (IE- just providing the avenue)

That evaluation is extremely flawed. First off, most music/video/anything providers explicitly prohibit you from skirting round terms and conditions with feeble excuses like "backups". I dont think you are offering a viable service, to my knowledge you arent allowed to transfer media obtained through itunes.

And on the reference to kazaa, they, just like almost every other p2p provider has been hit by lawsuits. They are providing the means to copy music illegally and are being punished for it. Its like saying, "its alright to commit burglary if the window was wide open".

 

[DNQuest.com]

You are allowed to make backups to legally bought media. That is not an assumption. You are entitled to protect your investment.

 

[WuLabsWuTecH]

i'm not transferring media via iTunes or Kazaa, I'm simply taking a file someone has given me, and altering it for them into another format. They must provide the files and I change them, i will not be providing files.

Is that more legal?

 

[stuart_domains]

It's illegal if you intend to profit from this.

 

[vslevin]

It's illegal if you intend to profit from this.

Huh? Its illegal if he intends to profit from a business converting music? Are you saying that if you do something illegal it would be legal as long as you make any money?

But I don't think that this is illegal at all, as long as you are just converting audio formats. But definitely consult an attorney first.

 

[stuart_domains]

Yes its illegal if he profits from it, because he is stealing potential royalties from the artist.

and to be fair it would be illegal even if he dont profit from it, check the small print on your cd label.


.

 

[labrocca]

You are allowed to make backups to legally bought media. That is not an assumption. You are entitled to protect your investment.

Not true. If the media has a copy protection scheme it's illegal to circumvent that. DVD backups are illegal in most cases so are video game backups. Music however has yet to successfully implement a protection scheme so it's legal to backup your music. This whole thing was grey area until the DMCA was written.

You can read about it here:

http://en.wikipedia.org/wiki/WIPO_C...es_and_Phonograms_Treaties_Implementation_Act

 

[WuLabsWuTecH]

Ok, what about media without a copy protection scheme? For example, most midis are free to download on the web. Many other files are also free to download but no in a carryable form (MIDIs are notorious for not being able to be placed on handheld players due to the nature of those files)

Once again, i'm not trying to get around copyright protection devices. You supply me with the file or where I may find that file legally w/o circumventing copyright. I change it to a format that you find more useful.

 

[WuLabsWuTecH]

Any other input anyone?

 

[Va-Va-Vroom]

The answer to your question is.... If you are offering this service to the creators of the music, ie. the copyright owners, then that is fine. But if you are offering it to the person who brought the music then no it is not OK.

Unauthorised reproduction of copyrighted materials is piracy, so no, you cannot do as you planed.