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View Full Version : A general music licensing question



K.Mandla
March 20th, 2007, 07:08 AM
Suppose I buy an album -- a normal, big-label release -- and convert it to mp3s for my own use. This isn't to share or anything, it's just as a legitimate backup measure for my own use.

Now suppose over time, the CD becomes defective or damaged, and I throw it out. Am I still legally permitted to keep the mp3s? Or am I required to discard the mp3 versions since the original now-defective media was discarded?

Similarly, suppose I have an album that I no longer listen to, so I sell it or give it away to a friend. Am I permitted to keep the mp3s I made? or are they now illegitimate/illegal?

By the way, these aren't just rhetorical questions. I have three CDs that no longer work in my CD player, even after buffing, and I'm considering tossing them. And I found some mp3s of a CD I gave away a while back.

Thanks in advance.

aysiu
March 20th, 2007, 07:13 AM
I'm no lawyer, but I'd guess the first case (damaged CD) is kosher, but the second case (CD given to friend) is not.

Of course, it depends on whom you ask, and even then it must be supported by legal precedent or some kind of court decision.

Soarer
March 20th, 2007, 10:36 AM
It depends on the jurisdiction.

IANAL, but AFAIK here in the UK all of those would be illegal, as we have no fair use arrangement. I don't believe there is any case law yet, though, but the law is fairly clear so a challenge would probably have to come under Human Rights legislation.

mcduck
March 20th, 2007, 10:36 AM
It depends on where you live.. In Finland it's legal to copy your CD's to your family and close friends, and it's also legal to borrow CD's from library and copy them for your own use. So also making MP3's from your own CD's is legal, and you don't need to keep the original disk. Breaking strong copy protections to copy/rip music disks is not legal, but that's not a problem as A) Audio CD's can't have copy protection and B) protections used in CD-like music disks are not strong.. ;)

I suppose people living in USA don't have such level of freedom so most likely if you live there you'd better to keep the original disk, even if it's not working any more .

Spr0k3t
March 20th, 2007, 10:52 AM
Thank you oh wonderful and glorious DMCA. For I am no longer allowed to make any type of duplication for archival purposes of media for which I have purchased. Now, I am extremely lucky as I have to find a way to purchase said DRM based media from an online store so that I may double dip my terms and conditions through the glorious use of being able to play audio on my portable MP3 player.</sarcasm>

Rip away my friend, and don't look back.

xyz
March 20th, 2007, 10:54 AM
Yeah it depends on where you live and the US's not always "the land of the free"!

K.Mandla
March 20th, 2007, 09:26 PM
Thanks. I think I'll just dump it all, and stick with the music off Jamendo. There's no benefit for me in keeping something quasi-illegal when there's perfectly good free and legit stuff to be had. Cheers, all.

Sunflower1970
March 20th, 2007, 09:45 PM
Hm. Would have never guessed that was 'illegal' I have ripped a whole bunch of CD's over the years and they now reside on my computer (and also on DVD archive discs). I know I sold some of the CD's since I never listened to the actual disc any more and just the ripped version. Never occurred to me it'd be illegal.

Ah well. Guess the CD-cops will be after me soon...

It sure is confusing with all the laws out there. What's legal and what's not. I'll never figure it out...

*sigh*

Hex_Mandos
March 20th, 2007, 09:51 PM
Actually, I think it would be legal in the US. Aren't you allowed to keep backup copies of your media? Using those mp3s is legal, as long as you don't distribute them.