Download Legality?

vbimport

#1

Greetings All,

Being a product of the 70’s generation, class of '78 and the show does do the era some justice. I must have purchased 500 albums or so over the years supporting the likes of Led Zep, Rush, UFO… yada, yada on vinyl. I have considered downloading a few choice “replacement” albums in digital form to burn on CD as the records I have are either scratched or long-ago disposed of between moves.

Simple question but might be an interesting challange:

Do I have the right to legally download and make a backup of a record I purchased that long ago on a different medium???


#2

Surely depends on where you live, but generally NO!!


#3

Allrighty then…here we go,

Laws on this vary from country to country…forthe most part…as stated above…No.

In general, owning an original copy gives you the right to “back-up” that original, and only that original for your personal use. Here in the USA, even that is getting sticklish.

What you are proposing is rather like…I own this car, it’sa great car…but banged up and runs rough…is it legal for me to steal one just like it but in better shape because I paid legal for the first? :slight_smile:

Least the legal perspective in the USA… :eek:


#4

I live in US and AFAIK (have lots of friends in law 1 being a highly renowned judge) and you are allowed to have as many backups of any music you own. If you download it, and get caught, you will not be in trouble as long as you own the original.

For the most part for your specific situation… YES


#5

If I was in that situation, I would consider that if I had originally legally paid for the song, I should have the right to aquire it again in better quality.


#6

A separate issue, for argument’s sake only (don’t take this too seriously :wink: )

So, if I bought the album on LP once…I should have the right to acquire the same album on (a digitally remastered) CD…with better quality?

I can understand the answer to my question would be yes…but then the question arises…at what price?

Would I have the right and acquire the CD from a store and only pay the extra production fees, since I already paid for the copyrights? Should I have the right to acquire the CD without having to pay at all? Or do I have the right to pay the full price for the CD as averybody else?


#7

Just curious, and no disrespect to the above post. If this were the case why did mp3.com have to shut down it’s music library service a few years back? If I remember correctly, thier argument was that their subscribers owned a legit copy of the cd, so had the legal right to listen to those track off thier service without violating the copyright. I believe they lost on the grounds that the mp3 track the users were getting were not back-ups of thier original cd…

I dunno, and could be way off base, not a lawyer, but am curious.


#8

Thanx for all of your well thought points. The fact of the matter is that I have yet to find a digitally remastered CD that can outperform a clean album with a good turntable/cartridge. The few I have acquired have been moderate at best and even the purchased ‘import’ CD versions of alot of these albums sound hollow by comparison. The arguement that I have or will gain quality in the process is truly unfounded however convienence would be gained. That being said, I guess the real question is what rights or limitations was I bound to legally when I purchased the albums back in the 70’s which were non as far as I can remember. Most people I knew then made first album passes to cassette or Reel to Reel for convienence/archive purposes and it seemed to never be a problem then???


#9

You just answered your won question with your last line “…on the grounds that the mp3 track the users were getting were not back-ups of thier original cd…”

Simply put people lied, and mp3.com never checked. I got music off mp3.com that I should not have had either and they never checked me for any references. It was simply that easy.


#10

At NO price, you own the original, you paid for the artists music, you do not pay for the quality at which you get the music. Also a reason why lyrics.ch was shut down, they quoted the artists lyrics without permission, not for font type used.

Of course some would say this is debatable.


#11

Well, maybe you should but as a lad from downunder like me, you don’t. Oz copyright law does not permit copying copyright music for back-up purposes at all. The back-up exception provided for in the Copyright Act applies only to programs and does not apply to music or movies. :sad:


#12

Wow…that is strict…Glad I live in Canada :smiley: :smiley:


#13

well, thats kinda my point. The original start of this thread was…if you read way up…I own the alblums…can I dload copies off the net of other peoples back-ups, because I own the original LP’s…hence my yes you can, but probably not legal…no disrespect to you.

The point of the originators post was never…can i legally back up my lp’s :slight_smile:


#14

have you seen www.windowsmedia.com website? it provides latest music for free, and the website is ran by microsoft :confused:


#15

Couldn’t be because they were given the rights to distirbute the music?
The music most likely has crappy DRM with it.


#16

@ bonzer…what part of the world are you located? Copyright laws differ everywhere…could be more helpful if we knew


#17

I live in Washington state, USA

My 16 year old daughter has some music on her PC and we have discussed the legality issues surrounding the industry. She said that all of the stuff on her PC is from windowsmedia.com and that its not illegal, maybe Gates bought the distribution rights for all music on the planet EARTH???


#18

i think that if you still have the original and cant be bothered to manualy transfer it its legal, and you should be ok if they try and sue you as its the same as copying acd to a tape for use in the car.


#19

But then everybody could download anything and if caught by RIAA just go out and buy the cd and then say they have had the original all the time…


#20

Not so. Even in countries where it is legal to make a back-up copy of an audio cd that you own (and the UK, like Oz, isn’t one of them), this doesn’t permit you to download a copy of someone else’s cd. Whilst you may not be prosecuted for doing so if you own the original, that doesn’t make it legal.

[Btw, copying a cd to tape for use in a car is also illegal in the UK.]