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In Reply to: Illegal... posted by mkuller on March 28, 2007 at 12:56:04:
It is not illegal to burn a CD that you own for use, for example, in your car. Nor is it illegal to copy a CD that you own on to your hard drive.However, copying someone else's CD or buying a CD, copying it (on to whatever media), and then selling the "used" CD to someone else is illegal.
Ultimately, all of this is kind of self-defeating. If the typical CD is copied, say, three times by three different people, then the sale price of the CD will begin to reflect that expectation.
I don't think the experience of software and DRM is necessarily a model of what should happen with music. A lot of software has a much shorter useful life than a CD . . . until release 2.0 comes along.
I think DRM for digital music is going to happen, sooner or later; and, personally, I think it should if it can be implemented without degrading the audio signal. Otherwise, the price of digital music is going to reflect the seller's expectations that it will be used by multiple users.
Follow Ups:
> It is not illegal to burn a CD that you own for use, for example, in your car. Nor is it illegal to copy a CD that you own on to your hard drive.>I was told that even though you may own the CD, you don't own the music or the rights to it and may not legally copy it - which is why some CDs are copy-protected.
> However, copying someone else's CD or buying a CD, copying it (on to whatever media), and then selling the "used" CD to someone else is illegal.>
So which is the 'illegal' part?
Buying a CD and copying it - which you say is ok above.
Or selling it?
From what I understand it is ok under the fair use act to make a copy for your own personal use and as a back up.THis is similiar to making a copy of software for back up purposes. My Adobe software allows use on 2 computers if one is a laptop, but no more.
Where it is illegal, is if you sell the cd. Since you are no longer an owner, the fair use act doesn't apply.
But, from what I understand copyright law is not that cut and dry.
Lawyers like to make angels dance on the head of a pin, so bear with me. ;-)There is something called the Home Recording Act that provides that making a personal copy of a sound recording (regardless of the media used) for personal use is "not infringement." That means you can't be sued for filling up a music server with music from the CDs that you own (but not with your friends' CDs!) or burning a copy of a CD so you can have it to play in your car.
That is not, however, defined as "fair use." "Fair use" is a judge-made doctrine that allows limited use of portions of copyrighted works for certain limited, non-commercial purposes. The most obvious example is scholarly treatises that include quotations from other copyrighted works as part of the discussion or commentary. Without the fair use doctrine, this copying whether attributed or not, would be an infringment unless the author received express permission from the copyright holder of the excerpted work.
The significance of this distinction -- that permitted home recording is not infringement but also is not "fair use" -- is that copyright owners are permitted to take measures (like copy protection) to prevent such copying. If it were defined as "fair use," they would not be permitted to do so.
The Home Recording Act originally referred exclusively to sound recordings, so it does not legitimize making copies of software or recorded video. Of course, the software maker is free to define in the terms of the license that you acquire when you buy the software, what kind of copying you can do, how many machines you can run the software on simultaneously and so on. With respect to "time-shifting" video devices like VCRs and, now DVRs, there was a Supreme Court decision in the 1980s that held that the Betamax was not an infringing device, even though it could be used for infringement (i.e. making unauthorized copies of video programming). This is because the VCR has substantial non-infringing uses. I do not know whether current manufacturers of DVRs operate under that decision or whether there is a special statutory provision that exempts them from being classified as infringing devices. The difference, of course, is that VCRs can play pre-recorded tapes, an obvious non-infringing use; but DVRs can not play pre-recorded media.
And, by the way, to my knowledge, "fair use" never permits the reproduction of the complete work, but only a part of it.
Bruce,I am late to finding this, so I may have missed your attention, but I have a follow-up question. If I make an allowed copy for my car of a CD I bought new, and also put it on my computer, if I later sell the CD (some time has passed here, as I did not in this case buy to copy, to sell like 1, 2,3) am I legally obligated and expected to destroy all copies I had made?
Well, I knew I was out on a limb with all the pseudo lawyer talk.But, it is good to know that you CAN make copies of your disks!
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