Compact Disc copyright infringement.

congo_90

I recently bought a CD which i like. Moving on it is copyrighted specifically says on the discs

...unauthorised copying prohibhited...

Anyway, My question is i want to copy it to my laptop in case the disc gets scrathed (i have a reputation of doing so) also to listen to on my laptop. I have no intention of sharing,distributing or selling any copies of it Do i need to seek permission from the owner first?

All feedback appreciated

Doctor DooM

AFAIK from my experience as a musician as long as you do not distribute the music buying it is like buying a license to use it. Which means copying it should be fine. I could be completely wrong though.

congo_90

But say the orignal disc was to be damaged/ lost (which can happen) because i listen to it in my house and in the car so all that movement is likely to scratch it etc. whats my position on burning the album onto a disc to replace the original? again, only for my personal use.

Doctor DooM

If what I was told above was true, that would be ok as you have paid for the license to use the music, as long as you don't distribute the CD.

I'd like to hear from an actual legal expert though...

congo_90

Getting actual legit legal advice isn't allowed here so anybody pro would have to
be suggesting things not saying it for real if you understand

Maximilian

I'm no IP law expert but there is an exemption in the Copyright Act 2000

S.50 In this Part, “fair dealing” means the making use of a ... sound recording, ... which has already been lawfully made available to the public, for a purpose and to an extent which will not unreasonably prejudice the interests of the owner of the copyright.

It seems to me making a personal copy is fair use. Besides on a common sense basis, I-Tunes enables you to rip CD's at will. I don't recall anyone making a big fuss over that, bearing in mind how popular that software is.

On a practical level, even if it weren't fair use, why would a record company bother to sue you for making personal copies of music you have already legally purchased. As long as you are not making copies for others, there is no loss to them. Besides the record companies have much bigger issues to contend with in this sphere and bigger fish to fry.

Duffman

The fair dealing exceptions are exhaustive and don't cover copying for personal backup purposes.

Short answer, ripping a CD you have bought to your own computer for personal use is copyright infringement. It's stupid, I know but that's where the law is right now. It's not about distributing it to other people, that's another matter. The act of copying itself is an infringement.

Obviously that's not going to stop you or the millions of other people that do it every day.

congo_90

Duffman wrote: »

The fair dealing exceptions are exhaustive and don't cover copying for personal backup purposes.

Short answer, ripping a CD you have bought to your own computer for personal use is copyright infringement. It's stupid, I know but that's where the law is right now. It's not about distributing it to other people, that's another matter. The act of copying itself is an infringement.

Obviously that's not going to stop you or the millions of other people that do it every day.

I guess it really won't stop me. So.. what you're saying is if i bought an mp3 (still on topic), had a stack load of albums (cds) i wanted onto the mp3 player. Ideally i would have to buy these albums online again?

( i have a rake load of albums lol):rolleyes:

Pines

Duffman has it exactly right. The situation described is not fair dealing (s. 50, from which Maximilian quoted, not only requires that the "fair dealing" must meet the definition he quoted, but also requires that the purpose is research or private study).

So in answer to the original question, making back up copies of music is not permitted. (Back-up copies of computer programs have a special exemption, incidentally.)

congo_90 wrote: »

I guess it really won't stop me. So.. what you're saying is if i bought an mp3 (still on topic), had a stack load of albums (cds) i wanted onto the mp3 player. Ideally i would have to buy these albums online again?

This is different from backing up in case the disks get scratched: format shifting is not permitted under Irish law or UK law, but note that the UK government is considering amending their Copyright Act to provide a specific exception for this. Other countries, like Germany, have a specific "private copying" exception, but Ireland most definitely doesn't.

Surprisingly, the music industry has supported the suggestion of a "format shifting" exception, probably in recognition of the fact that they'll never stop home users ripping CDs to MP3, and also because the EU Copyright Directive only permits states to allow private copying if there is an accompanying right to compensation for the copyright holder ... and the UK Government hasn't yet revealed how it's going to address that issue.

grumpytrousers

Incidentally, i'm pretty sure i'm right in saying that making your own compilation tapes is just as illegal, and woe betide you if you should happen to try and impress a girl by making a mixtape for her, even if she happens to own all the stuff already...

Victor

grumpytrousers wrote: »

Incidentally, i'm pretty sure i'm right in saying that making your own compilation tapes is just as illegal, and woe betide you if you should happen to try and impress a girl by making a mixtape for her, even if she happens to own all the stuff already...

If its your on composition, performance and media you can do anything you want though.

grumpytrousers

Victor wrote: »

If its your on composition, performance and media you can do anything you want though.

NOTHING screams sad bastard more than 'here's a compilation tape of a few songs i wrote for you'...

not that i'd know, like...i've heard, um, er, ...

*runs*

TJM

We have a post up on this general topic on the Digital Rights Ireland site:
http://www.digitalrights.ie/2006/07/10/irish-times-article-on-technology-and-consumers-rights/