Audials and Copyright

The copyright of the United States regluates important aspects regarding recording audio and video content:

Copyright Law of the United States

 

Copyright Law of the United States
In the Copyright law (title 17) it is regulated that

  • „No action may be brought … based on the noncommercial use by a consumer … for making digital musical recordings…“ (Title 17 Chapter 10, 1008)
  • „No person shall circumvent a technological measure that effectively controls access to a work…“ (Title 17 Chapter 12, 1201, also known as DMCA)
  • „the fair use of a copyrighted work, including … reproduction …, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright“ (Title 17 Chapter 1, 107).

Audials does not circumvent copy protection

The radio and music streams which audials is able to record are usually not protected by effective copy-protection measures.
Video streams are frequently protected by DRM such as widevine. This DRM protects against

  • Direct download of original video files (which Audials therefore does not support)
  • Recording in very high screen resolutions (which Audials therefore does not support)

With Audials, you can only record video streaming in screen resolutions which are not protected by effective DRM systems against recording.

Thus, Audials does not circumvent copy protection.
The maximum screen resolution is defined by the providers of video streaming.

Fair use, and providers‘ terms and conditions

„Fair use“ permissions are limited in scope. 
When subscribing to commercial music- and video streaming services, you may have agreed to terms and conditions, which may restrict your rights to record music or videos. Please make sure you carefully check such terms and conditions, before using Audials software to record media.
Audials shall not be liable if you violate such regulations you have agreed to.

 

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.

The resale of Audials software on Ebay or other providers is not permitted and can be prosecuted.

Is Audials in line with General Data Protection Regulation (GDPR)?

Yes, Audials AG respects General Data Protection Regulation (GDPR) as stated on this page.

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 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 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.”

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”.

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.

Terms of use Audials Service

Audials Forum, Audials Community and Audials Software Server Services

Definition of Audials Services and free usage

The registration and use of the Audials Services – these are the Audials Forum, the Audials Community and the Audials Software Services – is completely free for you. Press Accept if you agree with the rules mentioned below. You will then be able to register. User data provided on registration are not passed to third parties.

Indemnity clause and abuse

Even though administrators and moderators of Audials Services try to delete or edit all unwanted posts, it is impossible for them to check all the posts, manually. All the posts express the opinion of the respective author, thus the owners and operators of Audials Services and developers of any used third-party-software cannot be held responsible for the content of those posts. 

By registering, you agree not to post messages that are vulgar, impolite, disrespectful or that express extreme political views or verbal law offences. 

Additionally, the Administrators and Moderators of the »Audials Services« have the right to edit or even delete your account and to modify, edit, move or close postings and threads for any reason.

Privacy Policy

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 One

Audials Music 

Audials Movie

Audials Radio

Audials Tunebite

Audials Music Rocket

Audials Music Zoom

Audials Mediaraptor

Audials Light

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.

Your Consent

By sending the error report, you consent to our privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

Contacting Us

For questions, proposals, or comments regarding the issue of privacy, please contact the data protection officer of Audials AG via email under datenschutz@audials.com. The rapid evolution of the Internet requires adjustments of our privacy policy from time to time. We will inform you here about these changes.

Eula

Audials Software End-User License Agreement

1) SOFTWARE AS DELIVERED ("Software")

Audials One, Audials Music, Audials Movie, Audials Radio, Audials Light and Audials Mobile.
 

2) LICENSOR ("Audials")

Audials AG, Erbprinzenstrasse 27, 76133 Karlsruhe, Germany

3) AGREEMENT

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.

5) COPYRIGHT

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) WARRANTIES

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.

7) 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.

8) 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.

9) 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.