BMG Music Service Ends In June. No More 12 For 1
Sep 25, 2009 at 10:07 PM Post #16 of 33
Quote:

Originally Posted by jpelg /img/forum/go_quote.gif
No, keeping copies is still against the law.


So, if I sell any CD I purchase, I must delete any digital copies I make? Even if I purchased it new, and ostensibly purchased a full cost license to listen to the music?

And what of used CD's? When I purchase a used CD I have purchased a license to listen to the music, or not? I wouldn't think I had, since how is the artist getting any money off of the used CD sale? If they aren't, then what does it matter that I make a digital copy and sell it back?
 
Sep 26, 2009 at 12:41 AM Post #17 of 33
Quote:

Originally Posted by Jeff Guidry /img/forum/go_quote.gif
So, if I sell any CD I purchase, I must delete any digital copies I make? Even if I purchased it new?


Yes, and yes. Quote:

When I purchase a used CD I have purchased a license to listen to the music, or not?


Yes. But when you sell the physical media again, you also sell the usage rights, as Moontan13 correctly stated earlier.
 
Sep 26, 2009 at 1:41 AM Post #19 of 33
Quote:

Originally Posted by chud /img/forum/go_quote.gif
Really though, unless you're uploading/sharing on a P2P site, nobody will be busting down any doors at 3am with a no knock warrant.



The RIAA touted piracy as probable cause for a search to various law enforcement entities.
 
Sep 26, 2009 at 4:27 AM Post #21 of 33
Quote:

Originally Posted by chud /img/forum/go_quote.gif
Really though, unless you're uploading/sharing on a P2P site, nobody will be busting down any doors at 3am with a no knock warrant.


Correction: even if you're uploading on a p2p site, nobody will be busting down any doors at 3am with a no knock warrant.

Legally, you're no different from a p2p pirate if you're retaining the copies after you have sold the physical media.
 
Sep 26, 2009 at 4:31 AM Post #22 of 33
Quote:

Originally Posted by AtomikPi /img/forum/go_quote.gif
Correction: even if you're uploading on a p2p site, nobody will be busting down any doors at 3am with a no knock warrant.


I was being extreme for effect
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Quote:

Legally, you're no different from a p2p pirate if you're retaining the copies after you have sold the physical media.


None of it applies to me since I don't do the P2P thing anymore and I have never sold a CD (it's not worth the effort to me for ~3 dollars).

In the eyes of the law, yeah, fine, it's criminal. I just don't see how anyone would know that one still has a digital copy of a CD that they have since sold or given away or whatever.

Regardless, my dad better watch out! I gave him my old computer!!!
 
Sep 26, 2009 at 5:01 AM Post #23 of 33
Quote:

Originally Posted by Moontan13 /img/forum/go_quote.gif
Possesion of the physical media gives the right to use it.


Okay, I went straight to the source on this one to confirm my understanding: My wife is a law professor who teaches intellectual property, and according to her, it's theft. It is fair use to keep a copy if you retain the CD, but not if you sell it. Yes the artist gets the royalty on your purchase, but not on the purchase of the person who buys it used from you. While the latter is also the case if you don't copy the record before you resell it, that's okay, because the artist is only entitled to that one royalty if the media is only in the possession of one person. GM doesn't get money when you resell your car, but you also don't get to use your car after you sell it.
 
Sep 26, 2009 at 5:08 AM Post #24 of 33
Quote:

Originally Posted by priest /img/forum/go_quote.gif
Okay, I went straight to the source on this one to confirm my understanding: My wife is a law professor who teaches intellectual property, and according to her, it's theft. It is fair use to keep a copy if you retain the CD, but not if you sell it. Yes the artist gets the royalty on your purchase, but not on the purchase of the person who buys it used from you. While the latter is also the case if you don't copy the record before you resell it, that's okay, because the artist is only entitled to that one royalty if the media is only in the possession of one person. GM doesn't get money when you resell your car, but you also don't get to use your car after you sell it.


What if you give away copies to others while you are still in possession of the original CD?
 
Sep 26, 2009 at 5:50 AM Post #25 of 33
Quote:

Originally Posted by chud /img/forum/go_quote.gif
What if you give away copies to others while you are still in possession of the original CD?


Defiinitely not fair use.
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Things like mixed tapes are more of a grey area. Probably not fair use, but at least there's a slight argument of some kind one could make.
 
Sep 26, 2009 at 6:10 AM Post #27 of 33
Quote:

Originally Posted by chud /img/forum/go_quote.gif
well i just made a dozen copies of something for my mom to give to people at her church.

been nice knowin you guys!


You...are not a crook.
 
Sep 26, 2009 at 6:49 AM Post #29 of 33
I buy used lp's and make digital copies of them or get p2p copies. None of these routes gives the artist royalties. Most artists have already faced the facts that they have to tour to get $ for their music now. Plus, the RIAA and record industry people just abuse everyone and squeeze them for money, we owe them nothing.
 
Sep 26, 2009 at 11:56 AM Post #30 of 33
Digitizing LP's for your own use is fine. But:

1. Giving away copies of the digitized versions is against the law.
2. Keeping the digitized copies when you sell/give away the original LP is against the law.

Again, the usage rights go with the original media, in this case the LP.

The ability to digitize, or digitally copy something (the copy of which retains all the properties of the original) does not allow one to share that copy by selling it or gifting it. The copy cannot be separated from the original and retain fair use.

Yes, very few offenders will actually have the authorities banging down their doors. But that does not make it any more legal.
 
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