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Topic: Is it illegal to download Music I own? (Read 10253 times) previous topic - next topic
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Is it illegal to download Music I own?

Reply #25 –
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I ve lost my bag filled with over 50CDs just a couple of days ago. Think it might have been stolen. I have all the covers home but the CDs are all gone (most of them). Would it be okey to download these I miss?


In America? Probably. I seem to recall an article somewhere that indicated that RIAA wanted to make it illegal to rip CD's. Period.

Is it illegal to download Music I own?

Reply #26 –
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Depends on where you live. In the Netherlands for instance, you can dl a copy even if you don't have the original cd/album.  Audio, not software or movies

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I sincerely doubt that. After all, the one who would be providing the download (if not the copyright holder) would certianly be in violation of copyright law, as it is not allowed to copy music and movies for someone else in The Netherlands.
So the downloader would at least be guilty of complicty in copyright infringement.


It is illegal to upload copyrighted audio, software, or movies. Yes it is illegal to download copyrighted movies and software . Strangely,  it is allowed to download audio -for instance from usenet, or make copies of a friend's collection.  One can obtain a copy for private use even if s/he doesn't own any original. 

more info on our copyright laws:
http://www.euro-copyrights.org/index/1

Is it illegal to download Music I own?

Reply #27 –
Quote
Quote
Depends on where you live. In the Netherlands for instance, you can dl a copy even if you don't have the original cd/album.  Audio, not software or movies

Quote
I sincerely doubt that. After all, the one who would be providing the download (if not the copyright holder) would certianly be in violation of copyright law, as it is not allowed to copy music and movies for someone else in The Netherlands.
So the downloader would at least be guilty of complicty in copyright infringement.


It is illegal to upload copyrighted audio, software, or movies. Yes it is illegal to download copyrighted movies and software . Strangely,  it is allowed to download audio -for instance from usenet, or make copies of a friend's collection.  One can obtain a copy for private use even if s/he doesn't own any original. 

more info on our copyright laws:
http://www.euro-copyrights.org/index/1
[a href="index.php?act=findpost&pid=362870"][{POST_SNAPBACK}][/a]


afaik the downloading provisions apply to everything that has a 'fair use' backup policy allowance.. which includes movies (ie. it's legal to record a tv broadcast with a vcr just as it's legal to download it)

the 'complicity' is nonsense, unless perhaps you're actually buying them from someone, and even then generally only the supplier will be arrested (same with uploading.. it's ignored so long as it's for private use, unless money is made out of it)
So copying (downloading) movies/audio in holland (and other parts of europe) is fine, and while uploading isn't, it's ignored when it's not done for monetary gain, or from >=10MBit conns, and release-group affiliated

anyway, to get back on topic..
In the US making/downloading a copy of material you already own is illegal, since downloading anything but share/freeware is illegal (that is, anything you should, but don't intend to pay for is). making backup copies is only allowed when you're doing so on/from a vcr (ie. when the quality is horrible, and the medium known to detiorate).

Anything digital has been illegalized by way of the DMCA, which includes cd's (though again, private use is generally ignored, excepting the MPAA/RIAA who are hell-bent on John Doe suing everyone and their grandmother, which incidentally includes suing dead people and people who don't own a computer)
just remember, dvd/cd's cannot be damaged, and if they are it's your own damn fault

Is it illegal to download Music I own?

Reply #28 –
the laws surrounding this stuff is always 'iffy' 

one side of the story: you are allowed to make backup copies (fair use), but downloading would not be fair use because it is somebody else's backup

.. but that makes little sense... when you buy a CD, you purchase a liscense for the content for your personal use, and that content is the same even if you download it... so logic would suggest that it is legal to download what you bought (i mean liscensed)

.. and that would mean that it is legal to share the content that you bought with another person who also bought it..... so the only people violating copyright law would be the ones who are downloading without owning a copy first.

if I were to leave the keys in a car I am renting, and the door unlocked, and the car gets stolen.... the theif is the one who has broken the law, not me.... but according to the riaa's views, the car rental place should file suit against me for 'sharing' the car 

  all this is making my head hurt, it's too bad laws and the riaa are often illogical
Vorbis-q0-lowpass99
lame3.93.1-q5-V9-k-nspsytune

Is it illegal to download Music I own?

Reply #29 –
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.. when you buy a CD, you purchase a liscense for the content for your personal use


In the US, you do not buy a licsence when you buy a standard CD. You buy a license when you purchase software that has some warning *beforehand that it is a license you are purchasing. When you buy a CD,  you are buying a copy of that work and the physical medium on which it is contained. It is covered under right of 1st sale in the USA.

*Note: I am not aware of any case law establishing a license to be enforceable if it was agreed to after the fact of purchase -- such as on a click wrap agreement on store bought software, unless there was some sufficient warning on the product before purchase. Once you accept money for a product, you establish right of 1st sale. To circumvent this, it has to be reasonably warned that you are not purchasing a product, but instead a license to use a product. If one is familar with directly relevant case law that defines the contrary, please let me know immediately[as i have yet to find it], as to inform me of proper law.

-Chris

Is it illegal to download Music I own?

Reply #30 –
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When you buy a CD,  you are buying a copy of that work and the physical medium on which it is contained.
[a href="index.php?act=findpost&pid=363164"][{POST_SNAPBACK}][/a]

  that would suggest that I could set up an internet radio station, and broadcast all the music I purchased, and not have to pay any royalties.. since, after all others are just listening to the music I purchased.. just like it would be legal to play my CDs at a party, no royalties and everyone in the room can listen.. just because that party is spread all over the world, it shouldn't make any difference

I think I just confused myself again
Vorbis-q0-lowpass99
lame3.93.1-q5-V9-k-nspsytune

Is it illegal to download Music I own?

Reply #31 –
Quote
Quote
When you buy a CD,  you are buying a copy of that work and the physical medium on which it is contained.
[a href="index.php?act=findpost&pid=363164"][{POST_SNAPBACK}][/a]

that would suggest that I could set up an internet radio station, and broadcast all the music I purchased, and not have to pay any royalties.. since, after all others are just listening to the music I purchased.. just like it would be legal to play my CDs at a party, no royalties and everyone in the room can listen.. just because that party is spread all over the world, it shouldn't make any difference

I think I just confused myself again
[a href="index.php?act=findpost&pid=363514"][{POST_SNAPBACK}][/a]


IP has specific provisions, and they do not include broadcast for public performance unless you are paying royalties as prescribed by the code. You own the compact disc and that copy of the copyrighted material on the compact disc. You do not own the copyright to re-distribute new *copies of that material or make public broadcasts[which is basicly a form of distribution].

* You do have certain rights to make copies of copyrighted audio material if the copies you make are classified as recordings so far as the process used to duplicate[please refer to the Home Recording Act for specific definitions], and are for non-commercial use(s).

-Chris
 

Is it illegal to download Music I own?

Reply #32 –
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I just dont give a damn. In an ethic POV you arent doing nothing bad since you already paid for it. So IMHO if you cant be arrested by doing such a thing, just do it.
[a href="index.php?act=findpost&pid=362832"][{POST_SNAPBACK}][/a]

Best post of this tread. Discussing the edges of copyright usualy leads to nowere. Lots of contradicting and non-sense laws, as already showed in this tread...

IMHO, digital media and internet make coping very easy and natural. The industry need to adapt to this, not try to ban and sue every one and every thing in every way possible, and in the process baning also good things that don't harm them. Most artists gain more money making shows than seeling CDs, so, why not?