Dan, you're WRONG, again !

From: Daniel & Kathy Gibson )
Subject: Something to think about before buying tapes from Dan
Gibson...

Charlie (aka Zippy),

Have you not learned ANYTHING? At the time they were made the bootlegs
Kathy sells were legal. Therefore, it is legal to resell them. What
you
are doing is just flat wrong, and you know it. That is why you are a
cheat and a liar.

Dan



As usual DAN, you're WRONG !! Those 1970's bootlegs you have were
ILLEGAL in the 1970's, and are "technically" illegal today. But
copyright is done on a case by case basis. The reason you get away
with them today, is the "fair use" law exemption- mainly, points #2
and #4

http://www.benedict.com/info/Law/FairUse.aspx

to quote:

"This second factor acknowledges that fact that some works are simply
more deserving of copyright protection than others. Consequently, this
portion of the test looks at the original work and attempts to
determine where that work is in the spectrum of worthiness of
copyright protection."

read as- 8track tapes are NOT very worthy of protection, they are
obsolete, and no longer available- no judge or jury will award
anything for old 8-track bootleg violation.

next quote:

"The fourth factor considers the extent of harm to the market or
potential market of the original work caused by the infringement. This
test takes into account harm to the original, as well as harm to
derivative works."

read as- there is no market harm- again, 8-tracks are obsolete, not
sold by the major labels- they suffer "zero" loss from the Track
Shack's bootlegs.

If you dig further into copyright law, you'll find that the dollar
requirement to be considered "willful" infringement, is $5000 for
music. They don't bust you for a few copies made for your friends,
that you later sold for a few bucks. You'd have to sell 5000 of those
Track Shack 8-track bootlegs at $1 each, to even qualify. But you'd
slide due to points #2 and #4, fair use law.

Do the litmus test, the 1970's bootlegs were ILLEGAL back then. Big
time:

http://www.benedict.com/info/Law/LawDuration.aspx

For the most part, music copyright enforcement today is aimed at
modern digital theft- not analog. The dollar value just isn't
worthwhile with analog.