Stealing/Copyright Infringement or Not, you tell me.?

Question

I guess this runs more to the ethics side really.

I've always had a taste for unusaul music, I listen to almost every genre. So I cover a broad sprectrum of "one hit wonders"

My question, if the music label refuses to make a copy of a song availiable to the public, and the "radio" industry refuses to play it, would you consider it unethical for a person to spend hours, even days to find a copy online, then download it and make "illegal" copies for their personal use?

UPDATE...

Save your breathe, on "you can find it" statements. Many of the cuts I am refering to have been out of circulation for years. I have tried every avenue on the web. I have even contacted individuals within the label itself..

I worked within the "music" industry (on the national level) for years. So, "holding" for future release statements etc etc don't work with me

Example music...PROVE me wrong

Cher -- Hell On wheels

Prism -- American Music (the original...NOT the editted copy)

Answer 1

Well we all know that technically its illegal but I have no problem with it. If you have tried to get the music legally and can only obtain it through the net the "Que sera"! lol

Answer 2

Would I consider it unethical - yes... but I can see your point, and it does seem a bit unfair.

However, in the “legal” aspect of things, what you are doing is technically considered illegal and I would urge you to stop, or at least seek a more appropriate term of action other than pirating/copyright infringement. Now as far as my credentials go and why you should even bother to listen to me, I work in Copyright (as a Copyright Specialist) at the Library of Congress with the public on similar questions and issues you have here now. We are not able to give legal advice, but since you are not the owner of this work, this is more so just an observational warning rather than legal advisement. While it may be a little upsetting and even outright stingy for the radio stations and music labels not to share the music with you – it is still their prerogative. Besides, it might not be their fault; it could be the desire of the song’s creator. You may not fully know the circumstance in which they are holding the track. Perhaps they are saving the song for a later release date as part of an upcoming album and cannot release it yet, or maybe the song is not intended for public release.

This may sound absurd but it still true – take for example the last Superman movie ending theme music which is not on the soundtrack CD, and is not sold anywhere! It was *only* for the movie. In any event, the fact remains that what you are doing is considered copyright infringement. Now what actually is copyright infringement you may wonder? Well, as a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. Therefore, as I said before, while I do consider it unethical, I do also understand your frustration. Nevertheless, try to consider the creator’s point of view and try to respect why s/he chose not to commercialize that song if that was her/his choice.

P.S. ~ While I am pretty sure my honest response will probably not be what you wanted to hear and therefore most likely keep me from getting best answer, I at least do hope you take into consideration my kindly suggestion. Good Luck.

Update: Ok... after reading MLaw's answer, I would have to agree - somewhat. While the information I gave you is ALL true, it was simply just out of context depending on if you were only keeping the song for yourself *only* or planned to share it too with any others. See, when reading your question, I interpreted your final remark of, "copies for their personal use" as you meaning your personal use like in making multiple copies (as you use the word "copies") for yourself, but also sharing with maybe friends and family. Because even if you do not sell it to them, you cannot give it to them either. With most general public, they come in to us with this mindset that this falls under “personal use” because they are not selling it and only sharing with family, friends when they burn a CD for say a brother to have too. It is all very complicated because you cannot give them a copy of the song, but they could go out and find and save it themselves… so… Anyways, so that I won’t be sitting here writing all day, it is just easier to call us @ [phone] and speak with one of us over the phone. Again, we cannot give you legal advice, so I can only speak in the general aspect of things, but if you want a definite answer as to what to do, I would urge you to consult with a attorney for the specifics of what it is you are trying to do. Sorry for the little confusion, but you see what I go through all day! LOL!

Answer 3

I guess what I don't understand is when you say, "the music label refuses to make a copy of a song available to the public". Most albums you can find at Amazon.com or Ebay.com. What are you listening to that you can't find? Most record labels are trying to sell their albums, contact them and they can tell you where you can purchase their product.

Answer 4

I'm not so sure answer me is right. It seems to me that if you simply download something for your own personal non-commercial listening & do not reproduce or forward it to others you are probably not violating Federal copyright laws. See following excerpt:

>> § 106. Exclusive rights in copyrighted works
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. <<


** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 5

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Answer 6

Well, you could always contact the group and ask them for a copy or even offer to buy it.

If that doesn't work.....yes, go ahead and steal it, listen to the music and enjoy the song. Who will know? Just you, me and everyone else here on Yahoo Answers......

Answer 7

Its a gray area but as long as you don't sell it I think you should be OK

Answer 8

Go ahead if you can . believe me the copy right infringement is not a big problem we should worry about right now we have bigger problems just trying to get a fair and honest election going.