Exceptions to Copyright Policy

Terms and Conditions

There is content on this site that contains copyrighted material, located in the Black Europe, Collections 1, Collections 2, Research, and Creative Process sections. This material is solely the property of the author, owners or publishers and should only be used for educational purposes only p1. within the Ambientscape website. This excludes the Ambient Music section which is royalty free, and the Cylinder Archive that is not protected by intellectual property laws and in the public domain, both the Ambient Music and Cylinder Archive can be used and shared freely. By accessing the copyrighted material you are also agreeing to our terms and conditions. It is expected that only a small portion or extract of the copyrighted digital file be viewed. We have a procedure for obtaining copyright consent where permission for copyrighted material would usually be requested first from the copyright holders, or a licence would be acquired. With content where this is not the case for any reason, it would then fall under the fair use doctrine, also known as fair dealing in the United Kingdom.

Fair Use

The concept of fair use is a framework designed to allow the lawful use and/or reproduction of work without having to seek permission from the copyright holder or infringe on their interests. Under the fair use doctrine in the United States (Section 107 of the Copyright Act 1976), and fair dealing laws in the United Kingdom, limited use of copyright material is permitted balancing the interests of copyright holders with the wider public interest as long as it is fair to the copyright holder and restricted to particular criteria which includes education, teaching, commentary, reporting, or data mining. Any copyrighted material on Ambientscape.com cannot be used for any purposes other than the aforementioned reason underlined in paragraph 1 (p1), or to be shared, sold, distributed or downloaded for personal use without permission from the copyright holder. Any copyrighted files downloaded from this site for research purposes would be considered borrowed property and should not be stored on a device or drive and must be deleted after usage.

Fair Dealing

British laws from the gov.uk website Intellectual Property Office

Certain exceptions to copyright apply if the use of the work is a ‘fair dealing’. For example, the exceptions relating to research or private study, criticism, review, or news reporting. ‘fair dealing’ is a legal term used to establish whether a use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing - it will always be a matter of fact, degree and impression in each case.

Exceptions to Copyright Guidance - gov.uk (last updated 4-1-21)

Content Removal

Any copyrighted material can still be removed without warning if requested by the copyright holder and will be done so with immediate effect.

Laws, Music Copyright & Ownership Links

Exceptions to Copyright Intellectual Property Office - (2014)

U.S. Copyright Fair Use Index (Copyright.gov) update 2023

All the Music LLC (Copyrighting all the Melodies - Algorithm

Federal Copyright Protection - Pre 1972 Sound Recordings

How Copyright Affect Reissues of Historical Records ARSC

Copyright, and the Regulation of Orphan Works: - A Review

Copyright Notice Duration of Copyright Terms UK Guidance

Digitizing Orphan Works:- Legal Strategies to Reduce Risks

Roundtable Discussion, on Orphan Works: Copyright Office

Survey of Reissues of U.S. Recordings - Tim Brooks (2005)

The Messy Messy Copyright Status of Edison's Recordings

Think You Own What you Buy on the Internet? Politico.com