# Music licensing question

**URL:** <https://boards.straightdope.com/t/music-licensing-question/44129>\
**Category:** Factual Questions\
**Created:** [December 5, 2000, 1:51pm UTC](https://boards.straightdope.com/t/music-licensing-question/44129 "2000-12-05T13:51:05Z")\
**Posts on this page:** 2\
**Page:** 2

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**Author:** ![Montfort](https://avatars.discourse-cdn.com/v4/letter/m/d6d6ee/32.png) [@Montfort](https://boards.straightdope.com/u/Montfort)\
**Post date:** [December 9, 2000, 11:02pm UTC](https://boards.straightdope.com/t/music-licensing-question/44129/21 "2000-12-09T23:02:56Z")

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Actually, while I fervently believe that most bands survive through their live appearances, not their CD sales, it’s the sale of their **merchandise** (t-shirts, tour books, bumper stickers, etc.) that is the big profit makers.

Also, keep in mind that while I might spend $16 for a CD, less than 10% of that is actually going back to the band’s wallet. Whereas, when I buy a concert ticket, over half is going into their wallet. Big difference.

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**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\
**Post date:** [December 10, 2000, 3:02am UTC](https://boards.straightdope.com/t/music-licensing-question/44129/22 "2000-12-10T03:02:42Z")

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OK, let’s get it right:

> [@](#):
>
> My question: can I legally make a backup copy (or an mp3) of a CD before unloading it from my possession? Or, do I have to delete/destroy the copies upon my eliminating the CD from my collection?

You can legally make a copy on _cassette_ of any CD you own (and not just as a backup – you can keep the cassette). You cannot make MP3 files or a copy of a CD legally. Why? Because CDs are not “approved media” (at least, not yet). Eventually, they will be, but not yet. Approval merely means the manufacturer pays a small fee to pay for licensing. This fee is paid on video and audio cassettes (and I think maybe DATs), but not on CDs and certainly not on computer hard drives.

Now, it’s very unlikely anyone’s going to come check this out, but you asked about the legality, not whether you can get away with it.

> [@](#):
>
> the intent of the law is pretty straight forward: if you pay for something, you can do anything you like with it for your own personal usage, including make or acquire copies of it. However, you can’t distribute it, and if you sell it, you need to destroy any copies you have.

Read the law (especially section 106) – you can do what you like **except** make copies. Only the copyright holder has the right to make copies, or to authorize someone to make copies on his behalf. Unless you have permission, you can’t copy.

> [@](#):
>
> I think what you’ve done is wholly within the spirit of fair use.

Not according to the law. “Fair use” is precisely defined as copy “for purposes such as criticism, comment, news reporting, teaching(including multiple copies for classroom use), scholarship, or research.” This does not cover your own personal use of an item.

Also, one guide to “fair use” is “the amount and substantiality of the portion used in relation to the copyrighted work as a whole.” Using the entire work has never been considered fair use.

**Anthricite** – you can copy the songs you own onto an audio tape legally, but not onto a CD. See above. I’m unsure of whether a song downloaded from Napster and recorded onto a cassette is legal. The songs on Napster are pirated and thus illegal, but since it’s using an approved media, royalties are being paid. I doubt there are any precedents in this area.

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