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  1. #1
    Ceroc Addict's Avatar
    Ceroc Addict is offline Registered User
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    What's legal when listening to your own music?

    Someone recently told me that it was illegal to rip my own CDs.

    i.e. Take a CD that I've bought and transfer the music to my computer/iPod.

    To what extent is this true? What can I and can't I do with music I've purchased?

    Kap

  2. #2
    mw84 is offline Registered User
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    Aslong as you're not redistributing the music, what you're talking about is not illegal. As far as I'm aware you can do pretty much anything you like with you're purchased music, aslong as, once again, you're not redistributing it to other people.
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  3. #3
    Ceroc Addict's Avatar
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    Quote Originally Posted by mw84
    Aslong as you're not redistributing the music, what you're talking about is not illegal. As far as I'm aware you can do pretty much anything you like with you're purchased music, aslong as, once again, you're not redistributing it to other people.
    Sorry, I wasn't clear.

    The above is what I believe and what is common sense. However, common sense isn't that common.

    What I'm really asking is:

    Can anyone point me to an authorative website (or other reference) that says this?


    i.e. Something I can show to my friends and say "Here's what the law actually is"

    Kap

  4. #4
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    well I don't think so since it is defined by case law and not statutory law. But a good starting point would be the Betamax case which says that it is fair use to time and format shift your data.

  5. #5
    Mephisto is offline Exemplar Iconoclast
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    No, it is not possible. For one thing you do not even state what country you are in. Assuming the U.S., the "right" to copy music is not explicitly given. Nor is it forbidden. Generally it is held that "space shifting" is legal under the fair use statute of U.S. copyright. Case law that upholds this opinion include the Betamax case and the RIAA vs Diamond Multimedia case.

    Do a google for "copyright space shifting" and you will get the idea.

    Do a google for "copyright fair use" if you want a more in depth explanation. Be warned though, this is not a simple clear cut topic.

    http://cyber.law.harvard.edu/is99/RioSpaceShifter.htm
    http://caselaw.lp.findlaw.com/script...ase&no=9856727

    Now the problem arises in that this case law, and copyright in general, is misinterpreted in one direction or the other by those wanting to justify their own agenda. Quite often to an extreme. Fair Use in the form of space shifting does not authorize a person to share music. Nor for that matter would it be legal to rip a CD then sell the original, keeping the copy.

    Just to reinforce what I have said above. It is generally held that space shifting falls under fair use in the U.S. but this is not as of this moment a right explicitly granted under statute. It is a grey area that is currently heavily leaning in favor of being an allowed practice.

  6. #6
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    brianleahy is offline Colonel Panic
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    Of course, if it is literally YOUR OWN music (you wrote it) then you can do whatever you want...

    But seriously, this site seems to cover it pretty well:

    http://www.legalzoom.com/law_library...rotection.html
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  7. #7
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    However if it is copy protected you're not allowed to break the protection..........
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  8. #8
    Mephisto is offline Exemplar Iconoclast
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    Quote Originally Posted by ablack6596
    However if it is copy protected you're not allowed to break the protection..........
    DMCA and what you are and are not allowed to do is a different discussion however. (Also a grey area, though leaning in the other direction.)

    DMCA pertains more to DVDs than CDs.

 

 
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