Music licensing question

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.

OK, let’s get it right:

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.

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.

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.