Copyright, CDs, and Libraries question

You’re allowed to borrow/rent CDs from the library and listen to them

Are you allowed to borrow/rent CDs from the library, copy them to your MP3 player for the duration of the borrow/rental period, then delete the MP3 afterward?

Or have you violated copyright? On one level, you’re just taking the item you have a legal license/right/ability to listen to and transforming it into a format that you can access…

Cites would be most helpful! Cheers

Anytime you copy it, you’re violating the copyright. If you rip it from the CD to MP3, that’s a copyright violation. Here’s one cite, and here is another… but a google search will turn up plenty more.

Bascially that’s true there are a couple of exceptions to the law, which could be argued. One is that you have the right to strip DRM if the media is CD and you believe the device could harm your player or computer.

This was exception was put into effect after Sony secretly put DRM copyright protection on CDs and it messed up a bunch of players and hurt some computers. This is easy to put in practice if you own a CD, but if you borrow it, you’d have to argue you believe the CD had DRM protection that could harm your player.

If you ripped the CD and it worked, then you’d have to immediately delete the info, 'cause you’d know it doesn’t have DRM or you wouldn’t have to rip it.

(Confusing huh?) :slight_smile:

The second exception is for disabled people. For instance if you had a CD or eBook that was structured in such a way that because of your disability prevented you from listening to said CD or reading the book in a library eBook player. You could legally strip the DRM or convert the format and use the material for the life of the loan, and destroy it after.

The onus is on the person to prove he’s disabled and needed to remove the DRM or convert the format.

I could see in the case of an eBook but with CD it would be hard to prove you needed to convert the format to use it because of your disability but I guess there are exceptions to everything

That is incorrect. You are allowed to make copies of music for personal use under the AHRA. There was a thread about this just last week or so, complete with cites.

There have not been any real cases on point, but again, we can look at other decisions, like rental computer games. I think you would be ok copying a CD to your iPod as long as you have exclusive access to the original media. You’ve got a right to the work in question, so the AHRA covers you. It’s the same as stuff under the first sale doctrine or loaning a CD to a friend, so as long as you delete the information when you give the original back, you should be fine.

This is also clearly not true. Part of ripping often involves bypassing DRM (eg. for a DVD). Referring to the Sony fiasco you mentioned, it’s quite possible to rip music from a CD with the rootkit installer on it.