I remember the battles around '2000 when the record industry tried to get paid for each instance when parts of the music files were buffered (because they were "copies"). They weren't laughed out of court. These days I think they would.
IANAL, but I've written a bit about copyright and had it reviewed by a very good IP lawyer. There was at one point some controversy about this point--especially in the context of computer software licensing. But, as I understand it, current case law allows copying where it's necessary to functionally make use of a copyrighted piece of work.
> (a) Making of Additional Copy or Adaptation by Owner of Copy.—Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
> (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
> (2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.
I remember the battles around '2000 when the record industry tried to get paid for each instance when parts of the music files were buffered (because they were "copies"). They weren't laughed out of court. These days I think they would.