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Ghandi 2 View Drop Down
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Direct Link To This Post Topic: iPod Legality Question
    Posted: December 31 2006 at 21:32
I got a 30 gb iPod Video for Christmas, and I have a question.

If I borrow a CD from a friend or a library and upload it onto my iPod, is that legal/moral? My uncle said it was, but it seems to me like it would be stealing since I am getting copyrighted material without paying for it.

Thanks for your help.
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Direct Link To This Post Posted: December 31 2006 at 21:39
Nah dude you can do that...I guess the theory is somebody payed for the CD so it is all good.
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Direct Link To This Post Posted: December 31 2006 at 21:41
I think it is fine. How do you think I got Rush? Besides if it was payed for by somebody I am sure it is okay.


Edited by progismylife - December 31 2006 at 21:42
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Direct Link To This Post Posted: December 31 2006 at 21:42
Originally posted by Zappa88 Zappa88 wrote:

Nah dude you can do that...I guess the theory is somebody payed for the CD so it is all good.


So that makes filesharing legal then? Somebody paid for itErmm


Edited by The Miracle - December 31 2006 at 21:43
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Direct Link To This Post Posted: December 31 2006 at 21:49
That's exactly why I am doubting it. If it's ok, then it's possibly the greatest loophole ever, but I still have copyrighted material TO KEEP without the artist getting anything.

By this logic, I could buy a CD, copy it, and then resell it. And that's obviously wrong. Right?
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Direct Link To This Post Posted: December 31 2006 at 21:51
Originally posted by Ghandi 2 Ghandi 2 wrote:

That's exactly why I am doubting it. If it's ok, then it's possibly the greatest loophole ever, but I still have copyrighted material TO KEEP without the artist getting anything.

By this logic, I could buy a CD, copy it, and then resell it. And that's obviously wrong. Right?
 
That last question there is a brain boggler, but if you are just burning CDs then nobody is gonna come track you down for it. I never thought of a legal issue, but the cops arent gonna bust you for doing this. Its just a question of ethicsWink
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Direct Link To This Post Posted: December 31 2006 at 21:52
I think the law is if you're not making money off it and it's kept relatively private it's fine.
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Direct Link To This Post Posted: December 31 2006 at 21:56
It is legal to burn discs for private use like a CD for the car and for home. I burn all my CDs because I do not like carrying 100s of dollars of CDs around. So I burned all my CDs and carry those around because they are easier to replace than CDs. BUt selling burnt copies is definetly illegal.
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Direct Link To This Post Posted: January 01 2007 at 05:06
Originally posted by Ghandi 2 Ghandi 2 wrote:

I got a 30 gb iPod Video for Christmas, and I have a question.

If I borrow a CD from a friend or a library and upload it onto my iPod, is that legal/moral? My uncle said it was, but it seems to me like it would be stealing since I am getting copyrighted material without paying for it.

Thanks for your help.


I think that copying is illegal if you don't own the original CD. Look at this article that I've found:

http://www.theregister.co.uk/2003/07/28/copying_is_theft_and_other/
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andu View Drop Down
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Direct Link To This Post Posted: January 01 2007 at 07:00

if you would be keeping the material for ever and not discard it at some point it will became a PROPERTY of yours and that's illegal because you didn't buy it (or took it with the copyright owner's agreement). this is only a guess as i don't have a proper knowledge of legal stuff. i also guess it would be legal for your friend to temporary share his music with you by giving you a copied cd but it would become illegal if you didn't return it. however i think the way i see things is not the proper one as it puts things on moving sands - HOW LONG does it take for having non-bought music to become an illegal property?

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Direct Link To This Post Posted: January 01 2007 at 10:07
I think there's a law(at least here in Norway) that allows people to share music, movies etc. with friends and family without it being regarded as illegal. So if for example my brother wants to share his new Dream Theater DVD with me, it's perfectly allright for him to do so. The point being; from my point of view, what you are asking seems perfectly legal to me, as long as you're not downloading copyrighted material from the internet etc.
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Direct Link To This Post Posted: January 01 2007 at 10:14
It would be illegal in Britain, and I'm sure it would be the same in The States.
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Direct Link To This Post Posted: January 01 2007 at 10:19
I borrow CDs all the time and I'd like to think of myself as a moral man. I personally don't fidn anything bad about it...but that's just me. If it really doesn't eel right for you, than maybe you shouldn't! Your call, dude.
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Direct Link To This Post Posted: January 01 2007 at 10:21
If it is illegal, it shouldn't matter. Besides VDGG, all bands are super rich and don't need the money.

But personally I think it's fine as long as you actually help the CD in your hands before uploading it into iTunes.
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Direct Link To This Post Posted: January 01 2007 at 10:22
Originally posted by Ghandi 2 Ghandi 2 wrote:

I got a 30 gb iPod Video for Christmas, and I have a question.

If I borrow a CD from a friend or a library and upload it onto my iPod, is that legal/moral? My uncle said it was, but it seems to me like it would be stealing since I am getting copyrighted material without paying for it.

Thanks for your help.


It's illegal in the USA. You can borrow a CD and play that CD, then return it. You can borrow a CD from a library and play that CD and return it. But if you copy the CD you are infringing the copyright. It's no different to photocopying a book, which is also illegal.

Think of it this way: if 1,000 people borrow that same CD from the library and copy it, then 1,000 can listen simultaneously to (i.e. derive benefit from) an album that has been bought once. Ain't fair to the artist or company producing the records.
    
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Direct Link To This Post Posted: January 01 2007 at 10:27
Originally posted by Fitzcarraldo Fitzcarraldo wrote:

It's no different to photocopying a book, which is also illegal.

So why are there copy machines in libraries? Confused
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Direct Link To This Post Posted: January 01 2007 at 10:49
Vompatti,

I don't know about your libraries, but in the libraries where I have used a photocopier, I had to complete and sign a form saying that I was photocopying a page or article for the purposes of academic research, for example. If you look in the front of every book you will find a clause stating something similar to the following:

"All rights reserved. No part of this book may be reprinted, or reproduced or utilized in any form or by any electronic, mechanical or other means, now known or hereafter invented, including photocopying and recording, or in any information storage and retrieval system, without permission in writing from the Publisher."

The above is from a book I just picked at random from my bookshelf. It's very clear: you cannot copy it. Full stop. Same applies to CDs and LPs.
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Direct Link To This Post Posted: January 01 2007 at 11:05
Originally posted by Shakespeare Shakespeare wrote:

If it is illegal, it shouldn't matter. Besides VDGG, all bands are super rich and don't need the money.



Tell that to the many thousands of groups and solo artists who are struggling to make a living from their music. Tell that to the smaller, independent record companies which are commercial concerns that are not raking in money and are perfectly entitled to expect people to pay for listening to albums that the company produces, distributes and markets.

For example, consider PENDRAGON's biggest seller, "The Masquerade Overture". If I remember correctly, it has sold around 65,000 copies worldwide. That is absolute peanuts. An artist is not going to get rich selling those sorts of numbers of CDs. So why should people be able to copy it for free? Why is that ethical? It isn't.
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Direct Link To This Post Posted: January 01 2007 at 14:58
Depends on the country. Different countries have different policies on this matter.
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Direct Link To This Post Posted: January 01 2007 at 16:06
Wikipedia article on copyright

Universal Copyright Convention

Berne Convention for the Protection of Literary and Artistic Works

Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations

World Intellectual Copyright Treaty

Member states of the World Intellectual Property Organisation

In the majority of countries (you can find links on the above Web pages to lists of the signatories) the above four treaties mean that the copying of a music album in which the artist and/or producer has asserted his/her rights over the work -- usually within a time frame of a fixed number of years (e.g. 50 years in the UK's case) -- is illegal, and for perfectly valid commerical and ethical reasons.

I understand that in some countries there are a few exceptions, for example a copy by a music critic for the purpose of publication of a review, or a copy by an academic for the purposes of research but, by and large (and certainly in the USA), the answer to what Ghandi 2 is asking is, unequivocally: it's illegal. And, putting aside the legalities, in the vast majority of cases it's unethical if the artist and/or publisher has asserted his ownership of the work.

Of course, in practice in every country that is a signatory to one or more of the main four copyright treaties you can find street sellers or even shops selling pirate CDs and DVDs. But that does not mean to say it's legal in that country, just that the law is not being enforced or that piracy is not under control.

By the way, some of you might be interested to read a recent BBC article about the failed attempt by Sir Cliff Richard to get the UK Government to extend the protection of copyright from the present 50 years to 95 years:

Musical copyright set to stay at 50 years


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