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In Reply to: RE: Probably so - although I've read other legal interpretations too [nt] posted by Chris from Lafayette on June 15, 2016 at 13:58:06
When you purchase a recording (whether LP, CD, download), you have essentially purchased the right to listen to that particular copy of the recording as often as you wish for as long you want to keep it.
When the song or album is sold, given or transferred to someone else, your "right" goes with it -- you don't have it anymore. Pretty simple and pretty clear. Amazon and others legally allow sellers to sell unwanted CDs, LPs and cassettes to other parties.
The DMCA complicated things a bit. It does allow you to make another copy of the music for your own (say to a USB stick to play in your car) but doesn't allow for the transfer for music files that aren't on a physical medium such as a commercial CD, cassette or LP/45. That's a drawback of downloads -- there is no way to legally transfer ownership to another party if you get sick of the music or don't want it in your collection anymore.
The reality is that people have been making technically illegal copies of music since tape recorders became commonly available in the 1950s. However, I'm not aware of a single case where an individual was legally pursued for letting a friend record his LP to a cassette or rip a copy of a CD. The people who have gotten in trouble are those who either tried to distribute on a large scale, made a business of distributing illicit copies, or in recent years, got tied up with Napster or similar file-sharing deals where a single upload could result in thousands (or millions) of copies.
While I've never heard of anyone being sued for keeping a server copy of a CD they've sold, and consider it highly improbable that would happen, as they say, there are no guarantees.
Follow Ups:
I was referring to other issues not so much concerned with the strict legality of copying, such as whether or not the original issuing company loses sales or revenue as a result of copying, or what should happen if the original CD is no longer in print. But as you state, it's all illegal, strictly speaking.
But AFAIK, most prosecutions have been directed toward folks who make illegal copies (i.e., multiple illegal copies) and then try to sell them at swap meets, garage sales, etc.
"But AFAIK, most prosecutions have been directed toward folks who make illegal copies (i.e., multiple illegal copies) and then try to sell them at swap meets, garage sales, etc. "
It seems so, except for those Grandparents they coerced into signing all kinds of agreements after their grandkids downloaded a bunch of stuff on their PC.
Maybe it is different for others, but I am picky about my collection. I already have five damn harddrives or more, I am not even sure. In fact there are two INSIDE my laptop. However it comes down to what is on them. I am pretty much into 1960s, 1970s and SOME 1980s music. In the old days this went into public domain. In fact alot of it was already in public domain. Well if it is no longer in public domain, I am part of the public. Where is my check ?
In my collection you would be hard pressed to find things that are not 20 years old. Let the take me to court.
For example I bought Bob Segar - Double Live Bullet THREE TIMES. They got paid for that, ad if their contention is that it is what is on the media not the media that is the value, they owe me that. I bought it twice on LP and once on CD that I never got to hear. I stopped at a store on the way home and I am pretty sure that somehow it fell out the car door. Pickup truck actually. Never found it, and I looked. Damn did I look, I wanted to play it right now at maximum volume.
And then, we wore out LPs, if what we paid for was the license to listen to it, when the LP gets scratched or worn out they owe us a new copy for basic copying costs then.
I would love to argue this with them. A also got a lawyer with a "stein" at the end of his name who would love to help because he is also a downloader. Or was.
Most of my stuff came from gnutella, which is now populated by viruses and whatever. I have much better copies of most stuff than you can easily get now, like from youtube, though I do have the downloader and if they have whatever on it that prevents downloading I can do a hardware rip with Adobe Audition.
Bottom line though is that I pretty much have everything I want. I have maybe 10,000 songs and now I can't think of five that I want to download. And those are rarities that probably weren't recorded so wel so a youtube rip would be fine.
I have completely given up on CDs except for out on the garage because I can't seem to get the wifi to work out there with the (metal) doors closed and have access to my server.
Thing is, CDs store data, and you can make an image or whatever so you no longer need the physical media. Once you rip a CD it is technically illegal to sell it unless you delete the files but nobody does that and they are never going to be able to enforce it.
What's more, the music industry has become bloated and is run my moguls, and actually a political agenda. Very few people decide what gets on your car stereo or into the stores. Music on most stations is programmed out of NY by a company that promises greater advertising revenues.
I remember the days when local bands could send a demo tape to the local DJ and if it is any good at all it would get played. Try that now. That is why I do not have a radio.
I do not like how things have changed. Music is supposed to be by the People and whatever, I am not going into the Gettysburg Address here. There are probably five people in this country who decide what gets produced and what does not. That is not right. And all the while they are preaching diversity.
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