What's legal when listening to your own music?

[Mephisto]

I went to a seminar yesterday about copyright law, and was explicitly told by an "Intellectual Property Lawyer" that under U.S. law, there is a legal provision to protect your investment.... ie. to make a backup copy.

There is a specific provision for the creation of a backup copy of software, but I do not believe this carries over to other media as an explicit right. I could very easily be wrong on this however.

Regardless redistribution to other, whether for commercial gain or not, is not legal in the U.S. It is a common misinterpretation of the Fair Use (Title 17 Section 107) clause of U.S. copyright though. One of the mitigating factors of fair use is if the action is for commercial purposes. This is often misinterpreted that if the action is not done for commercial gain then it is legal to make copies for other purposes. For example sharing via P2P or burning copies of CDs for friends does not fall under Fair Use.

This varies to an extreme based upon locaion though. As an example, in Denmark it is legal to make copies of sculpture via recasting as long as all copies are for personal use. In the U.S. recasting of sculpture is explicitly not permitted without permission of the copyright holder, even for personal use.

[wicky]

..... Basically, even law comes down to money. If you copy it and make money from it, it's illegal......

Copyright law is not limited to a particular medium, but is intended to protect IP (intellectual property) and is therefore equally relevant to all media.

Natobasso has made a very important point... MONEY! However, there is a wider debate, and although the law is used to protect IP and by extension preserve income, its focus is not (soley) financial. Laws are created to protect rights, so it's worth remembering that (financial) gain is not only measured in direct remuneration (ie. burn a disk of somebody else's stuff, and sell it), but also in longer term benefits, such as exposure and subsequent fame.

Stealing the IP of another individual is against the law, even without financial gain. If you distribute work passed off as your own, which was actually created by another individual, you are in effect claiming that that individual is not the author, but in fact you are. This is fairly clear infringement of copyright, and is exactly the sort of thing that ends up in court.

[jarinteractive]

For discussion sake:

What if I rip a CD, then modify it just slightly. Say I change over 10% of the contents (ie. use an equalizer to cut off sound signals in the 40'000Hz ranger which are bearly audible to human ear). I now have my own "ART". Can I distribute this freely?

If Andy Wahrol can call a box of cookies "HIS" pop art, then can the above be called "my" art to which I own my very own rights and decide to distribute freely?

Modifying it slightly may or may not make it your "art," but it does not give you rights to distribute it freely. Much rap music samples and modifies other peoples recordings, and they must legally obtain permission for each sample they use in order to sell it.

-JARinteractive

[Cat]

burning copies of CDs for friends does not fall under Fair Use

In other countries it does, AFAIK. Though there always is a grey zone.
Is it legal to invite some friends over to watch a DVD (or listen to a CD)? It says "not for public performance" on the sleeve ...

[fryke]

And just to play devil's advocate: Does it _really_ matter what the current laws say in your country? Do you _really_ fear police might stop you and take your iPod in until they've made sure you have absolutely every right to listen to the songs on it? Or would they raid your place based on someone telling them "you listen to music sometimes"?

[Mephisto]

In other countries it does, AFAIK. Though there always is a grey zone.

This is why I try and couch it as "in the U.S." as much as possible. In Canada for example it is legal to burn copies of music to CD and give it to friends as I understand it (though I could very well be wrong). I am not a lawyer, my understanding is strictly based upon reading the statute and doing a little research online. It is difficult enough getting a handle on the law in my own country, more or less the myriad of laws that cover the rest of the world.

Is it legal to invite some friends over to watch a DVD (or listen to a CD)? It says "not for public performance" on the sleeve ...

Inviting friends over does not constitute a public performance.

To perform or display a work “publicly” means*—*

(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or


(2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

It does not matter to a certain extent what the laws say. But at what stage are laws a reflection of the intended morals of society? I could obtain illegal copies of software, movies, and music very easily with little to no risk of repercussion. This does not make the act legal or morally correct.

[wicky]

And just to play devil's advocate: Does it _really_ matter what the current laws say in your country? Do you _really_ fear police might stop you and take your iPod in until they've made sure you have absolutely every right to listen to the songs on it? Or would they raid your place based on someone telling them "you listen to music sometimes"?

Clearly not Fryke, I just like to know where the boundaries lie, so that I really feel like I've been somewhere once I've crossed over them. Anyway, nobody cares when they are on the take, it's only when somebody nicks your stuff that you get pissed.... right?

I can never get on with anybody who doesn't have double standards.

[ApeintheShell]

I know! Let's start our own Mac OS X.com band! I'll be on the drums, ceroc addict can be the singer, Fryke can clang the tambourine and mephisto can keep tabs on where we stand legally.