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O.k, I know that selling them is. How about this though?

I sell a piece of candy for 5 bucks and with your purchase you get a free CD?

I looked into the laws and it said that you can give a burned Cd away.

I know its not the most honest thing to do, but is it illegal?


I already asked this question, but nobody really knew. If it isn't, what is the chances that someone would get caught? What is the average Juvi time for a minor?

2007-09-28 14:05:39 · 26 answers · asked by Anonymous in Politics & Government Law & Ethics

26 answers

I would guess if it's just one cd and a friend wanted you to burn it for her, then she could pay you $5 for your time and it's no problem. But if you're selling quantities of cds, then I'm pretty sure it's a big no no. I don't know the exact laws, but I think if you're doing it as a business you would get in big trouble.

2007-09-28 14:10:25 · answer #1 · answered by the Boss 7 · 0 0

This is what is known as a "sham transaction". You are really selling both the CD and the candy for the $5.

But even if you just give away burned CDs and didn't collect any money, that could violate the copyright laws. When you buy music you can make copies for your own use, for educational use and other "fair uses", but selling them or otherwise handing out lots of copies is a violation of the law.

As for the time in juvi, don't base your decisions on how bad the punishment will be, base them on what is right.

Music piracy is wrong.

2007-09-28 14:13:11 · answer #2 · answered by raichasays 7 · 1 0

You can't do that either. It's like going to a bookstore and distributing the latest copy of Harry Potter to whoever gives you $1 for a candy bar. You can't take copies of copyrighted material and duplicate them except for personal backup.

The chances are relatively low that you will get caught, and you probably won't do jail time. What you may end up doing is paying $3000 or more per CD you distribute in damages to the record company. I don't think that's worth it, do you?

2007-09-28 14:08:48 · answer #3 · answered by treseuropean 6 · 0 0

Yes it is illegal. If i remember, you probably won't go to juvi, but you'd get a hefty fine. Put it like this, if you do that whole candy thing, you're still selling the cd. Compare it to selling crack with an action figure, it's still illegal.

2007-09-28 14:10:17 · answer #4 · answered by sumthin s 2 · 0 0

Um, I'm pretty sure it's legal to buy a music CD and rip it and copy it, for YOUR own use, and you can lend it out too maybe, because you intend for them to give it back, but you can't sell it or give it away cuz that violates the copyright of the other ppl's songs. I s'pose it applies to downloads too, since you paid for YOUR use but NOT anybody else's....

I would guess you don't have the right to give them away in any manner also, because you didn't pay for the right to do so. I mean, lots of companies give away sampler Cd's, but they have paid for the right, or made some sort of deal. It's all copyright law, and I guess that's one of the hardest parts of law to understand.

IDK how long you could do it before someone took note, but I'm pretty sure if "the right person" found out, you'd be so busted. IDK though, cuz I'm not a lawyer and haven't done it myself.

I remember reading about 20 or so college kids who downloaded hundreds of MP3's, and the record company or somebody traced them from the download site back to the school's server and sued the students, and several of them had fines of like $10,000.... I guess they had to sell everything they owned and have their parents pay the fines or they'd have gone to jail....

2007-09-28 14:28:08 · answer #5 · answered by sceneXboi 5 · 1 0

Well,
A Girl at our School Got to Give away Burned CD's For Free.
She created a Cover And Blah Blah Blah...

If the School Let her Then I dont think Its Illegal, but i can Be wrong.

2007-09-28 14:08:42 · answer #6 · answered by Anonymous · 0 0

I suspect that you already know the answer - but you're looking for some answer that will allow you to rationalize or justify the breaking of copyright laws. This is a federal crime - better you stick with misdemeanors and use the Cd's for your own personal use.

2007-09-28 14:11:53 · answer #7 · answered by LeAnne 7 · 1 0

It depends on what is on the CD. Selling burned CDs is not illegal if the material on the CD is legal for you to distribute... For example, if you go out and take a bunch of pictures of a rock, you're welcome to burn those images to a CD and sell it.

However if you're refering to distributing burned CDs of the latest Nickelback album or something then no, it is not legal to sell them. Of course it's not legal to give them away either. Distribution of copyrighted material is not illegal only if for a profit, it's simply illegal.

2007-09-28 14:10:07 · answer #8 · answered by Crypt 6 · 1 0

well,honey im not very sure about this techinally if your selling candy for 50 cents and if they buy it your techinaclly "selling it"i wouldnt take any chnce cause i dont want you to ge caught its best to stick with giving them to your friends and family but please dont go into the public and put a signe out saying "1 peice of candy free green day cd mix" how catchy besides youl have people grouping on you so please save yourself and for a averege time for a minor is not rally long depending on what you did you can pay a fine for this and skip going to the slammer


hope this helped :):):0

2007-09-28 14:18:38 · answer #9 · answered by Anonymous · 0 0

That scheme would not work with a cop.
Or an FBI agent.
They'd bust you and tell you to take your story to the judge and jury.
And then, you'd better have a lot of money to hire some fancy lawyers, or else, you will not get away with it.
Crime doesn't pay.

2007-09-28 14:09:23 · answer #10 · answered by Anonymous · 0 0

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