PDA

View Full Version : Music. Fair use and all that fun



weasel fierce
August 9th, 2005, 06:14 PM
What exactly am I allowed to do, in the US, as far as music goes ?


Could I legally:

Make a backup of a CD, that I keep in my car ?

Download a song to my computer or rip it to my computer, if I already own the CD ?

Download a song, check it out, then delete it ?

Stormy Eyes
August 9th, 2005, 06:17 PM
Make a backup of a CD, that I keep in my car ?

Yes, if it's for personal use.


Download a song to my computer or rip it to my computer, if I already own the CD ?

Yes.


Download a song, check it out, then delete it ?

Probably not. Keep in mind that IANAL.

jasmuz
August 9th, 2005, 06:19 PM
In the US, you can backup your own music and download music you already own. You can listen to some music but with a time limit, If you are researching about legal issues, instead of using the propietary MP3 format use Ogg Vorbis.

jdodson
August 9th, 2005, 07:52 PM
In the US, you can backup your own music and download music you already own. You can listen to some music but with a time limit, If you are researching about legal issues, instead of using the propietary MP3 format use Ogg Vorbis.

There is nothing illegal about using mp3. They(owners of the mp3 codec) gave a blanket use right to all "regular" people to use it for your personal use.

The downside to mp3, is that it is encumbered with restrictions that make it impossible to put in a standard free as in freedom desktop without paying licensing fees. So basically every OS or Media player you get, pays the mp3 tax. However using it for your own personal use incurs no legal problems, or at least until they change things.

Sooner or later this will blow over, much like the GIF problems, patent expired, no worries. So what is that in like 7 years for mp3 to expire? However, in the meantime its a pain in the ass for Ubuntu desktop and media devices. I don't mean to downplay sofware patents, they suck, but there is nothing illegal about a regular person using/encoding mp3s at this time.

aysiu
August 9th, 2005, 08:08 PM
I've generally found using Ogg about as practical as learning Esperanto.

I'm all for "free" things, and I've also heard Ogg is a higher quality format or more capable than MP3 in some respects.

However, our car stereo can play MP3 CDs. It can't play Ogg Vorbis CDs. My wife's iPod can play MP3s. It can't play Ogg. If I were single and car stereo manufacturers supported Ogg, I'd go all Ogg. Not so now, though.

To the original post-er, are you asking if these are legal/illegal because

1. You're curious
2. You're doing research for some paper
3. You're worried about getting caught

or

4. You have much respect for the law and want to follow it to a T, regardless of whether those laws will ever be enforced?

wylfing
August 9th, 2005, 08:21 PM
The OP's motive can be as simple as "Linux is my OS." Even though you may have no trouble being a paying customer, you can be thwarted at this because of stupid DRM constructs. Therefore, you must resort to the gray market to get what you want, because there aren't any other channels available. In fact, you can be forced into a gray area even with music you've legitimately purchased.

BWF89
August 9th, 2005, 09:28 PM
Sooner or later this will blow over, much like the GIF problems, patent expired, no worries. So what is that in like 7 years for mp3 to expire? However, in the meantime its a pain in the ass for Ubuntu desktop and media devices. I don't mean to downplay sofware patents, they suck, but there is nothing illegal about a regular person using/encoding mp3s at this time.
How long are software patents good for?

npaladin2000
August 10th, 2005, 02:33 AM
If the music industry lobbyists have their way, you will have to pay someone each time you take a CD you've already purchased and put it into your CD player to listen to it. ;) To them that's "fair use." Hehehe

weasel fierce
August 10th, 2005, 06:07 AM
Im mostly just curious.
I have some mp3's that I shouldnt have, and a good chunk that I have on CD anyways, but my CD's are perpetually in the car.