The Copyright Law of the United States (title 17) regulates important aspects regarding recording of audio and video content. Please understand that the information provided on this page do not refer to other countries, and that any information presented here is given without any warranty.
In general, the US copyright law allows digital music recording
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.https://www.copyright.gov/title17/92chap10.html#1008
The US copyright law regulates clearly, that copy protection shall not be circumvented:
(a) Violations Regarding Circumvention of Technological Measures.(1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title.https://www.copyright.gov/title17/92chap12.html
Audials follows this regulation.
The radio and music streams audials is able to record are not protected by effective copy-protection measures.Audials just records the unencrypted signal which is outputted to the system sound device.
With Audials, you can only record video streaming in screen resolutions which are not protected by effective DRM systems against recording. Therefore, Audials does not circumvent copy protection.The maximum screen resolution is defined by the provider of video streaming.
Usually, this is done by utilizing so called „DRM security levels“.
For example, some video streaming service may implement such DRM security levels so that
=> Audials could record this stream, as the environment allows it to access the unencrypted video data
This higher „security level“ can technically be implemented if e.g. the video stream is sent to the monitor in an encrypted way, effectively preventing any recording.=> This stream could not be recorded by audials
Luckily, most video streaming providers send streams in sufficient high resolutions without effective prevention of recording.
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.https://www.copyright.gov/title17/92chap1.html#107
Please be aware, that this fair use is quite limited in scope.
When subscribing to commercial music- and video streaming services, you may have agreed to terms and conditions, which restrict your rights to record music or videos. Please make sure you carefully check such terms and conditions, before using Audials software to record such media.Audials shall not be liable if you violate such regulations which you have agreed to.
There are two types of copy protection, which are implemented by Digital Rights Management (DRM):
1) Protection of content transmissionContents 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 recorded 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 displayContents 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.
“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.” https://www.copyright.gov/title17/92chap10.html#1008
Below is the important part of the DMCA as it relates to copying and circumventing copy 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”.
https://www.copyright.gov/title17/92chap12.html#1201
