Ok, so pretty much everyone agrees that if you have bought a band’s CD, you have the right to rip the songs and use them for your own personal use. That is, you have bought the right to use the song for your personal enjoyment. First off, is this actually the way it works legally (if not, then I guess this is more survey/IMHO)?
If it is, then here’s the Q:
I recently lost a bunch of CDs (8, I think). They were ones that I had actually purchased, rather than burned. If I already had some of the songs from those CDs on mp3 (I don’t, but for the sake of argument, say I do), do I have the right to keep them, or do I have to delete them? If I can keep them, am I allowed to burn them onto a CD for my use? And to take it one step further, do I have the right to DL and burn them, since I have bought the CD?
WAG - probably a grey area, legally. I mean the part about if you’ve lost the CDs. I’m nearly certain that it is legal to have MP3s of CDs you own. The question is, do you still own the CD after you lose it?
Morally, I personally would have no problem reobtaining that music any way I could get my hands on it. Of course, if the cops had nothing better to do and came knocking on my door, I’d probably be in trouble, not being able to prove that I had a good reason for having them.
My WAG is as long as you’ve bought the CD, it’s ok. The bottom line is in a trial (as if you’re going to be sued hehe), you’d have to convice the judge or jury that you did buy the CD. Having the receipt would be handy, but if you didn’t keep up with the CD itself, I doubt you have the receipt
The way the law is written, you don’t have the right to make copies of your own CDs (and the lawsuit MP3 lost about MyMP3 – since resolved – supports that).
The only reason you can make audio tapes of CDs is because you pay a small fee per cassette to pay for the copying. Nothing like this had yet been set up for MP3s, though eventually it probably will be.
Actually Chuck, copying CDs for personal use, whatever the format, falls under “fair use”. The RIAA would have you believe otherwise, but they aren’t the ones actually in charge (yet).
Look up Orrin Hatch’s recent questioning of Hilary Rosen (head of the RIAA). She was basically not allowing anything under her interpretation of fair use, but Hatch at one point asked: “Is it ok for me to buy a cd, and make a copy for my wife to listen to in the car?”
Hilary didn’t respond, so Hatch did: “Yes, it is.”
Frankly, I don’t give a **** about the law on this matter (or any other really). You may call me immoral (and maybe I am), but I do follow my ethics. Which usually correspond to the law. Or the principle of least resistance when it comes to taxes.
I thought blank audio CDs had this fee built-in also. Wasn’t that the point of introducing more expensive blank “audio CD” CD-Rs instead of using “data” blank CDs? When they first came out, blank audio CDs were over $15 each, when data CDs were $5 or so.
Well, I thought it was the best way to distinguish it from the mp3 evil/good debate, which isn’t a question really.
As for proof of ownership, I do have the original jewel cases and covers and such, which isn’t much, but something. Also, for some I have credit card statements. Of course, all of this is a moot point–nobody’ll sue me if I copy them off my friends, but I was kinda curious…
analog audio tapes do NOT have a tax or surcharge on them.
data cds do NOT have a tax or surcharge on them.
audio cds DO have a tax or surcharge on them.
go to riaa.com and search for the audio home recording act.
you can burn a copy of a cd you have purchased for car use, or computer use, but the last time i looked, computers were NOT covered by the audio home taping act, and therefore, illegal to store MP3s on. but the Diamond RIOs and portable MP3 devices are legal for storage. this is all from memory though, i could be wrong.
any sort of digital home recorders will have a surcharge that goes to pay for license fees, as well as digital mediums (mini disc, dat, cd). professional recorders (cd) are so expensive because you can record to data cds. professional mini disc recorders are so expensive because you can make unlimited digital copies of MDs, not just one, like in the consumer grade models.
