Burning CD's





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Discus: College Confidential Café: 2004 Archive: Burning CD's
By Bluealien01 (Bluealien01) on Saturday, June 19, 2004 - 12:55 am: Edit

Isn't it legal to burn songs onto a CD as long as you have no intention of selling them? And where do you find the songs at? I have a CD-RW on my computer so I am wondering when I will ever get around to figuring out how to use it. :/ Help? Please?

By Gottagetout (Gottagetout) on Saturday, June 19, 2004 - 01:05 am: Edit

Umm... welcome to the grey area of copyright law. This falls under the auspices of your "fair use rights". It has generally been considered to legal to "format shift" your content for back-up or personal reasons. However, it is illegal to distribute this FOR ANY REASON. This means no selling, no giving away, no mix tapes, etc.

If you do happen to give away the music or sell it, you MUST destroy all copies that you retain.

No, the feds will not come and knock down your door for making a mix CD for your girlfriend -- they probably don't know and most definitely wouldn't care as it would cost too much to prosecute in both monetary and public image terms. However, that doesn't make it legal.

You can get songs from filesharing networks or "rip" them from CDs/LPs/tapes/whatever that you own.

By Bluealien01 (Bluealien01) on Saturday, June 19, 2004 - 01:18 am: Edit

First: Um...I'm a girl.

Second: I meant making a song CD for me. Not for anyone else.

Reason: I'm too lazy and cheap to buy CD's just because I like one song from each that I hear on the radio.

By Gottagetout (Gottagetout) on Saturday, June 19, 2004 - 01:26 am: Edit

Sorry to assume your gender, I meant to just give a general case of copyright infringement: the proverbial mix tape.

I didn't know your intentions, you didn't state them. You asked about the legality. I have given you a reasonable explanation of the state of the law in layman's (again, no gender bias intended) terms.

Finally, your best legal bet would be to use a music purchasing service such as Apple iTunes or Napster 2.0. There are others -- lots. I have never used any, however. You could also try filesharing programs if you want to go legally dubious route.

By Docarchitect (Docarchitect) on Saturday, June 19, 2004 - 09:25 am: Edit

"I'm too lazy and cheap to buy CD's just because I like one song from each that I hear on the radio."
Oddly enough, it is legal to record songs off the radio and has been for a long time.
By all means plan to use your CD-RW, but to stay out of hot water, don't EVER make your MP3 files available to anyone else: don't email them, don't post them on a website, don't make them available to others through a filesharing program.

By Allena (Allena) on Saturday, June 19, 2004 - 04:56 pm: Edit

Actually if there is a CD you really want and have a friend who owns it, just have them burn you a copy and give it to you as a gift. That would be considered completly legal. Where the grey area is, is when it comes to MP3's. In theory as long as you're getting a first generation copy, and the person is making no profit, it is legal. The problem is, there is no easy way to prove that you're getting a copy from somebody who legally owns the disk.

I wrote a 20+ page term paper on this subject a few months back, so I could go on for several hours posting on what is legal and not, as well as the loopholes which just further complicate the subject, however I'll spare you all my ramblings.

By Gottagetout (Gottagetout) on Saturday, June 19, 2004 - 07:55 pm: Edit

Burning a CD and giving it to someone as a "gift" is NOT legal. You may only do this if you "destroy" the original. When you buy something containing intellectual property, you buy the medium on/in which the property is contained and the right to use it for purposes of "fair use". You don't own the rights to the content. Specifically, you don't own the right to reproduce the work for ANY reason other than personal/fair use. Giving people CDs is not fair use. The copyright owner has not granted you the right to make a copy of their work and distribute it with no compensation to them.

I don't know what this 20+ page term paper business is -- it doesn't back up your argument very well.

Sources:
http://eff.org/IP/eff_fair_use_faq.html
http://eff.org/IP/copyright.faq (pay particular attention to the 7 exclusive rights granted to copyright holders)

By Neo (Neo) on Saturday, June 19, 2004 - 08:45 pm: Edit

Allena -- Gottagetout is completely correct. Burning a copywrighted CD and sharing it, whether as a gift, or what have you, is Illegal.

Secondly, making a mix CD for *yourself* with *legally purchased* mp3s (like from Apple, the new Napster, etc) is legal. Making one from illegally purchased mp3s is not.

By Neo (Neo) on Saturday, June 19, 2004 - 08:48 pm: Edit

Of course, there is a condition in which you are free to do absolutely whatever you wish with a CD and its contents:

If the material was originally created by you, then you can do whatever you wish with it.

By Bluealien01 (Bluealien01) on Saturday, June 19, 2004 - 11:16 pm: Edit

As long as I don't have to buy anything other than the blank CD's I don't care. I'm tired of buying CD's just to listen to one song I like.

By Bluealien01 (Bluealien01) on Saturday, June 19, 2004 - 11:17 pm: Edit

For example, I like Christina Aguilera's song "Beautiful." I'm actually listening to it now on Radio AOL. But I don't want to buy a $15.00 CD just to be able to listen to that one song whenever I want.

By Rachelvish (Rachelvish) on Sunday, June 20, 2004 - 12:29 pm: Edit

It's also whether or not you care if it's illegal... I assume that about 50% of people do, the other 50% are like me who don't understand why we should pay $16 for a CD when most of the songs are crap. I would pay $16 if it's a completely good cd (which was why the recent Norah Jones cd sold so well.) It's up to you. In my opinion, if it's a good artist, I want them to eat so I will buy their c.d. On the other hand, if the c.d. is bad but there is one hit song that is just OK but I want to listen to it's crappiness anyway, I'll download it for myself. Also, when it comes to movies, I personally will always rent it off of Nextflix because I don't watch movies unless they are really good- and if they are really good I love the actors- and therefore, I want the actors to get the little pay that they get.

Oh and if you really like one song that you listen to all the time and you like the singer a lot, that's when it makes sense to spend 99 cents and buy it off of iTunes or a website like that.

By Justperfect (Justperfect) on Sunday, June 20, 2004 - 12:41 pm: Edit

damn why coyuldnt you just tell her to search for Kazaa on the internet, download the file sharing service and then you can download the songs;only do this if you have cable or dsl b/c dial up is to slow,after your songs are downloaded you should look in your comp book and it should tell you how to make cd's. dont worry ablot the legal stuff,their are 3million people on right now sharing almost 1.2 billion files and it would take a long time to get these people so dont worry download all you want

By Mac87 (Mac87) on Sunday, June 20, 2004 - 01:21 pm: Edit

or if you want to do it legally, download iTunes, then you can just buy the songs you want, instead of the whole CD

By Bluealien01 (Bluealien01) on Sunday, June 20, 2004 - 03:30 pm: Edit

What is Itunes? I don't have a credit card either--do I need one for that?

By Neo (Neo) on Sunday, June 20, 2004 - 05:09 pm: Edit

iTunes = Apple.

And to whomever used it above: "Off of" is wrong wrong. Just use "off"...

Ex: I grabbed it *off* the table = Correct.
I grabbed it *off of* the table = INcorrect.

It's grammatically messed up in speech, but it's just downwright ugly in print.

By Paulhomework (Paulhomework) on Sunday, June 20, 2004 - 07:15 pm: Edit

yup, kazaa for mp3, bit torrent for movies

By Televelis (Televelis) on Monday, June 21, 2004 - 04:33 am: Edit

Rachelvish -

If that is your argument, just use Napster or iTunes. You can buy an individual MP3 of your favorite song and it is only 99 cents. Beware though... burn them to a CD as soon as possible; my hard drive got a virus and I lost $50.00 worth of music. Now, when I download songs from Napster, I make sure to burn them to a CD.

By Wo4567 (Wo4567) on Monday, June 21, 2004 - 06:06 pm: Edit

who cares. the government can prosecute worse crimes instead of those involving the proliferation of good music i.e. happiness.
calm down neo. it's the summer.


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