Legal aspects about Audials Software
What does your software do technically?
Technically, we strive to provide you with a set of powerful and sophisticated recording tools so that you can easily find and record music and media. Simply, we help get your big music and media collection even bigger!
Our complex software relies on the very simple principle of recording.
With it, you can record audio and video from many different sources - both from the Internet and through local media playback –on the network level or directly from the soundcard level.
However one important thing is still common to all the ways we record music and media - All of our products only record unprotected, unencrypted data.
In the case of DRM encrypted data, we record these files while they are played back with the manufacturers software (which happens only if you have purchased a valid license).
Only then will Audials access and use unencrypted playback, recording what comes out of the PC speakers. Screen video recording work in a similar fashion. So the Audials software will never access or even attempt to crack encrypted data. Basically imagine holding a video camera or a tape recorder close to your computer screen and speakers. We do this, but with perfect sound and picture quality!
Is this considered P2P?
No, our software is intended for your personal use only and we don’t allow you share files because that’s illegal! Since redistributing copyrighted content or acquiring copyrighted content that way is illegal, sharing services put their users at risk.
Is Audials software legal in the US?
Yes, Audials software products are completely and 100% legal and completely comply with all Copyright Laws.
In our opinion our Audials is the most powerful recording software available in the world! And as an internationally award winning technology provider, we believe in fair use, and take Copyright Laws very seriously. At its core, Copyright Laws are very simple and firmly state “When recording or converting media, please do not redistribute it to other people.” Similarly, our mission is very simple, and we strive to produce the most powerful on-demand music and media recording software to help you manage your digital life in a fair and legal way.
Our products fall in the same category as VCR's, DVR's, Tape Recorders, CD Burners, iPods/MP3 players, and other popular devices.
What we do is try and help you find what you want, when you want it. We do not give access to cracked or encrypted data and therefore our software complies with all Copyright Laws, including the Digital Millennium Copyright Act for recording only media streaming.
Commercial resale based on end customer discounts is excluded
The resale of license keys that were purchased from retail offers is excluded. The commercial resale is exclusively reserved for contractually authorized partners.
What does the Copyright Law say about recording?
There are two important parts of the Copyright Law that relate to the recording of media.
Different rights causes confusions by consumers
Curently, some types of media are available for free and without copy protection. Other types of media are copy protected and part of music subscription services or Video-on-demand platforms. In some countries it is legal to re-record copy protected music, videos, audiobooks or movies from online streaming providers or DVD, while this is not permitted in other countries. For customers, it is difficult to know when it is allowed to re-record, rip, copy and convert the streamed or bought media for the usage with the own PC, smartphone, tablet or other devices. In most cases of using Audials software, not sharing media with others is the best option. When recording media with Audials, the user should only use it privately.
There are two types of copy protection, which are implemented by Digital Rights Management (DRM):
1) Protection of content transmission
Contents are transmitted in encrypted form through e.g. internet. Then they are decrypted in the web browser or playback software, and outputted unprotected through the graphics card to the screen. This kind of protection is used for nearly all video-on-demand-services as well as for DVDs. Such contents can technically be recored by Audials screen recording without cracking any copy protection. However, whether a user is permitted to do so depends on the terms of the content service.
2) Protection of content display
Contents are transmitted in encrypted form through e.g. internet. They are also passed to the display by the playback software in encrypted form, too. (This is only possible with compatible display types, like certain HDMI devices). The display will decrypt the data immediately before showing them without allowing the computer to access them. This kind of protection is in use only for BlueRay discs nowadays. Such contents cannot be recorded with Audials, as Audials does not crack any copy protection.
§ 1008. Prohibition on certain infringement actions
“No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.” Source
Next, the Digital Millennium Copyright Act (DMCA) is often used to stop distribution of certain copying programs.
Below is the important part of the DMCA as it relates to copying and circumventing copy protection systems:
§ 1201. Circumvention of copyright protection systems
“No person shall manufacture, offer , … any product…, that… is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title”. Source
Do any Audials products violate the DMCA?
Short answer: DCMA are the guidelines for what you can and cannot copy legally, and how recording products are allowed to work, and we do not break any encryption, which is at the heart of the DMCA. Our recording products locate unencrypted media, and record that media as it is transmitted, in order to allow you to view the content at a later time and/or on another device.
Help the artists by purchasing their music and films!
Please, be fair and support your favorite artists.
With Audials, you can get free music by radio recording. Although radio stations pay royalties to the artists, you should support your favorite artists by purchasing their music. Online music stores provide high-quality media, and full albums containing tracks that won’t be played on the radio.
Audials provides you with “Buy” button in the player section. Please press it and get linked to online music stores to see offers for more music by the artist. Through this, you can download and enjoy more high-quality music and the artist will be happy.
Help us in avoiding illegal stations and websites
The Audials software is a great way to access many thousands of Internet radios, social radios, and other Internet media services. However, we want to make sure that only legal services can be accessed through Audials software.
If you find a recording source (e.g. an online or social radio station) in our database which may be illegally broadcasting in the United States, please contact us immediately by using the form. Contact form
Audials AG takes privacy of personal data very seriously. We want you to know in which cases we store which data and how we use them. Audials AG is manufacturer of the hereafter refered "Audials" software:
Audials Radio Player Recorder (App for Android)
Audials Radio (App for iPhone and iPad)
Audials Radio (Windows Store App)
Audials Live (App for Webbrowser)
What information do we collect?
We collect information from you when you send us an error report from Audials software.
The information includes:
A crash description XML file containing basic information about the crash.
A crash minidump file which contains technical information about the crash.
A stacktrace file which contains additional technical information.
Optionally, you may provide us with your e-mail address and a short problem description. This information is also included into the crash description XML file.
What do we use your information for?
Any of the information we collect from you will only be used internally in order to improve the Audials software. We continually strive to improve our software based on the information and feedback we receive from you. If you provide us with your e-mail address, we might contact you in case we need further assistance to solve the problem you reported.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties any of the information we collect from you.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Audials Software End-User License Agreement
1) SOFTWARE AS DELIVERED ("Software")
Audials One, Audials Tunebite Premium, Audials Tunebite Platinum, Audials Radiotracker, Audials Moviebox, Audials Mediaraptor, Audials Light and Audials Mobile.
2) LICENSOR ("Audials")
Audials AG, Erbprinzenstrasse 27, 76133 Karlsruhe, Germany
This is a legal agreement between you as end user and Audials. By opening the sealed Software or by agreeing to the integrated Conditions of this End-User License Agreement on data carrier, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly delete and do not use the Software and the accompanying items (including written materials and binders or other containers).
4) GRANT OF LICENSE
This Audials Software license agreement (license) permits you to use one copy of the Software acquired with this license on any single computer, provided the Software is in use on only one computer at any time. The Software is in use on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not in use. If the anticipated number of users of the Software will exceed the number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the Software concurrently does not exceed the number of licenses.
The Software is owned by Audials or its suppliers and is protected by copyright laws, international treaty provisions, and other national laws. Therefore, you must treat the Software like any other copyrighted material except that if the Software is not copy protected you may either (a) make one copy of the Software solely for backup or archival purposes,
(b) or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
6) OTHER RESTRICTIONS
You may not rent or lease the Software, but you may transfer your rights under this Audials license agreement on a permanent basis provided you transfer all copies of the Software and all written materials, and the recipient agrees to the terms of this agreement. You may not reverse engineer, decompile or disassemble the Software. Any transfer must include the most recent update and all prior versions.
Audials warrants that for a period of 14 days from the date of receipt, the Software will perform substantially in accordance with the accompanying documentation. Any implied warranties on the Software are limited to 14 days or the shortest period permitted by applicable law, whichever is greater. Audials`s entire liability and your exclusive remedy for a breach of this warranty shall be, at Audials`s option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Audials`s limited warranty and which is returned to Audials with a copy of your receipt. If failure of the Software has resulted from accident, abuse, or misapplication, this limited warranty shall be void. Any replacement Software will be warranted for the remainder of the original warranty period or 14 days, whichever is longer. Audials MAKES NO OTHER WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8) NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall Audials or its suppliers be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this Audials product, even if Audials has been advised of the possibility of such damages.
9) U.S. GOVERNMENT RESTRICTED RIGHTS
Any use of the Software by the U.S. Government is conditioned upon the Government agreeing that the Software is subject to Restricted Rights as provided under the provisions set forth in subdivision (c)(1)(ii) of Clause 252.227-7013 of the Defense Federal Acquisition Regulations Supplement, or the similar acquisition regulations of other applicable U.S. Government organizations. The Contractor is Audials.
10) GOVERNING LAW
This Agreement shall be governed exclusively by and be construed in accordance with the laws of Germany, without giving effect to conflict of laws. Any dispute with respect to this Agreement or in connection with the performance or termination thereof, will be brought before the applicable courts in Karlsruhe, Germany, exclusively. Any provision declared invalid shall be modified to the fullest extent possible to reflect the parties' intent as of the Effective Date.