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Is burning a CD music piracy? I'm just a little confused about the fair use law, and how copyrights and how DRM works.

2007-03-08 05:43:12 · 8 answers · asked by Marshall 2 in Politics & Government Law & Ethics

Good answers already...so, can I give a friend the album I purchased to listen to? Because of it is not okay for me to share the music i rip, why would it be okay for me to share the album?

2007-03-08 05:52:14 · update #1

8 answers

It IS okay to share the "music" that you own; you just can't do it in a way that allows you to enjoy the music, too, i.e. two copies.

Thus, when you have a CD, and you give away that CD to lend to a friend, you can't listen to the CD at the same time -- you bought 1 license for private listening, by giving the physical media, you are transferring that license (temporarily) to your friend, and when he gives it back, you get your license back.

Same thing electronically. You could, for example, give him a flash drive with an MP3 on it, but at the same time you would either have to (a) delete your copy off of your hard drive, or (b) take some steps to ensure that he and you could not simultantously use it.

DRM is a different story -- it's illegal to bypass any DRM encryption or keys. I think that's true when you burn to CD, then rerip to avoid the multiple copy limitations of the .aac, mp4, or whatever format you're using.

2007-03-08 06:23:11 · answer #1 · answered by Perdendosi 7 · 1 0

Use of any media (say, music) requires a license.

Purchasing an album (legitimately) gives you a license to play that music. According to Supreme Court precedent, you are also allowed to copy that music onto other devices (such as computers or MP3 players) for your own personal use, since the license cannot limit what hardware you play the music on.

Loaning or giving your friend the physical CD also implicitly transfers the license that goes with it. So, while your friend has the CD, he or she can play the music, but you cannot -- you no longer hold the license, since you friend now has it.

Companies (or individuals) can negotiate for a license to make copies. So, Apple or BMG or whoever can get a license to make and sell electronic copies of music. Since that activity is covered by the license, it's not piracy. And when you purchase the song electronically, you are also purchasing a license to play that song, just as if you had purchased the CD.

However, copying and distributing music to other people, without a license to do so, is a copyright violation. So, if you rip a CD, and give copies to others (as opposed to just using those copies yourself), then that's piracy. Same if you purchase a song (with the associated license) and then made copies for others (without having a license to distribute).

Fair use is something else entirely, and allows small snippets of content (music, lyrics, etc) for very specific purposes, such as education or legitimate advertising.

2007-03-08 08:58:04 · answer #2 · answered by coragryph 7 · 0 1

If you OWN a CD - you can put it on your Ipod because you purchased the right to listen to that song. You did NOT purchase the right to give that song to a friend or post it on the internet for others to download.

Piracy comes into play when people get to listen to the song or watch the movie without the creators being compensated for it. You compensated them for their work when you bought the CD.

You can let a friend borrow the album but as long as he has the album you can't have it on your ipod or computer. Basically, if you bought ONE CD then the music on that CD can only be playing at one instance.

2007-03-08 05:50:47 · answer #3 · answered by lepninja 5 · 2 0

The supreme court ruled you can make a personal copy of music you buy. You just can't share it with anyone, give or sell that copy, or use it for a performance in public, paid or unpaid. That actually includes things like private parties, though the music industry doesn't care too much if you create a mix CD and play it at your New Year's celebration.

2007-03-08 06:25:29 · answer #4 · answered by Anonymous · 1 0

If you purchase a CD (or album), you pay for that one copy. You can pretty much do whatever you want with it as long as you do not distribute other copies that you did not pay for. If you give it to a friend and you do not keep a copy of it, then it is legal (it would be considered a gift). If you give a copy to a friend and you keep a copy, then it becomes illegal (piracy).

2007-03-08 06:06:37 · answer #5 · answered by Mutt 7 · 2 0

it isn't piracy if you bought the CD and are playing it for your own personal use...once you start to share the music is when it becomes piracy...

2007-03-08 05:50:20 · answer #6 · answered by kabergy 1 · 2 0

Because you paid for the rights to the music and are only using it for yourself at this point, it only becomes illegal when you give this music to someone who hasn't paid for it.

2007-03-08 05:51:01 · answer #7 · answered by George M 2 · 2 0

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2007-03-08 18:35:11 · answer #8 · answered by Bruce 3 · 0 0

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