Downloading music- Law?
Downloading music- Law?
Author
Discussion

M@T.R

Original Poster:

2,187 posts

259 months

Wednesday 26th November 2008
quotequote all
Is downloading music from torrent sites etc illegal if you own the tape or cd Of the music you are getting? Surely you have already paid for it? I only ask as with the speed of downloads now it is quicker to download an album than it is to rip it from cd. Also I no longer have a tape player.

MitchT

17,119 posts

238 months

Wednesday 26th November 2008
quotequote all
I believe so. When you buy a CD, for example, you buy one license for that music. If you want it on your iPod too then strictly speaking you have to buy a legit download from iTunes or wherever - you can't just rip it from the CD. However, as a semi-professional musician, if someone bought a CD of my work and then ripped it to their computer as an MP3 to put on their music player it wouldn't bother me. As long as they've paid for one instance of it they can make as many copies as they want for their own personal use. Copyright law, however, can be rather silly and impractical - even in the eyes of the people it is supposed to protect.

Flat_Steve

1,535 posts

276 months

Wednesday 26th November 2008
quotequote all
True, and the legalities of it all are blurred as windows media player and even iTunes have the option to rip CD's. It is so difficult to not break copyright laws that most don't even try to stay legit these days.

LadyHayles

1,113 posts

218 months

Wednesday 26th November 2008
quotequote all
I thought that so long as you're only using it for your personal use and you already own the CD (or other format) you could copy it to other media without issue.

RupertTheFridge

899 posts

220 months

Thursday 27th November 2008
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I have a friend who works in the music industry, and he gives me the full album releases each week, a bit naughty really, seeing as I currently have about 500gig of music on hard drive.

As i used to DJ a long time ago, and still have about 16000 vinyl singles, 5000 vinyl albums, 1000 vinyl 12 inches & lost count CD's, I thought I best get all of these & mp3's insured against loss etc on house contents.

House insurance company said that they would insure any mp3's that I have legitimate original for, as this constituted purchase, but would not insure against any loss of mp3 that didn't, unless I had proof of purchase/download from Itunes for etc.

Therefore, no proof of ownership means naughty naughty ..........

Nocebo

279 posts

221 months

Thursday 27th November 2008
quotequote all
MitchT said:
I believe so. When you buy a CD, for example, you buy one license for that music. If you want it on your iPod too then strictly speaking you have to buy a legit download from iTunes or wherever - you can't just rip it from the CD.
My daughter has asked for an ipod for christmas. Excuse me ignorance in such matters but are you saying we won't be able to fill it with tracks from CDs that we currently own and will have to purchase the songs again from itunes?!

She already has a cheapo MP3 player that we just transfers music files from the pc onto, so it's not the same with an ipod?

RupertTheFridge

899 posts

220 months

Thursday 27th November 2008
quotequote all
Nocebo said:
MitchT said:
I believe so. When you buy a CD, for example, you buy one license for that music. If you want it on your iPod too then strictly speaking you have to buy a legit download from iTunes or wherever - you can't just rip it from the CD.
My daughter has asked for an ipod for christmas. Excuse me ignorance in such matters but are you saying we won't be able to fill it with tracks from CDs that we currently own and will have to purchase the songs again from itunes?!

She already has a cheapo MP3 player that we just transfers music files from the pc onto, so it's not the same with an ipod?
No, you can rip cd's into mp3 format using Windows Media Player for example, it's just questionable whether it's legal or not. In my opinion, if you already have it your Ok, if you download via itunes & pay your OK, if you download off torent sites, limewire, frostwire etc its naughty, then they have to find you. The authorities are really only interested in mammoth downloaders who re-burn mp3's & sell on etc....

catmartin

889 posts

226 months

Thursday 27th November 2008
quotequote all
I thought they only really cared about it if you were downloading masses of music every month,or you could be making money out of it. Or at least that is the only way you would rouse the ISPs suspicions. I think I heard on the grapevine that you get a letter from your ISP first telling you to stop, so at least there is a warning!

BTW - these words are spoken as a musician. When I found a copy of my single which isn't even released yet up on Youtube it annoyed me. Just goes to show there really are people that can track anything down online. It's not nice being on the other side of illegal downloading frown


Nocebo

279 posts

221 months

Thursday 27th November 2008
quotequote all
RupertTheFridge said:
Nocebo said:
MitchT said:
I believe so. When you buy a CD, for example, you buy one license for that music. If you want it on your iPod too then strictly speaking you have to buy a legit download from iTunes or wherever - you can't just rip it from the CD.
My daughter has asked for an ipod for christmas. Excuse me ignorance in such matters but are you saying we won't be able to fill it with tracks from CDs that we currently own and will have to purchase the songs again from itunes?!

She already has a cheapo MP3 player that we just transfers music files from the pc onto, so it's not the same with an ipod?
No, you can rip cd's into mp3 format using Windows Media Player for example, it's just questionable whether it's legal or not. In my opinion, if you already have it your Ok, if you download via itunes & pay your OK, if you download off torent sites, limewire, frostwire etc its naughty, then they have to find you. The authorities are really only interested in mammoth downloaders who re-burn mp3's & sell on etc....
Aah, I see. Thanks for that, had a bit of a panic on for a while there!

Diderot

9,647 posts

221 months

Thursday 27th November 2008
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Downloading music without paying for it is theft.

Silverbullet767

11,288 posts

235 months

Thursday 27th November 2008
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As long as you own it, its ok.

Oh and if my ISP decided to send me a letter, I'd move ISP. Not they they ever would. I have a decent broadband company.

Gillet

639 posts

238 months

Thursday 27th November 2008
quotequote all
The ISP's and music industry aren't actually that bothered about you downloading music. What they have a problem with, and what they prosecute people for is the act of Sharing or Uploading.

best thing to do is as soon as you've downloaded something, move it to a different folder on your PC that isn't shared, job done, very unlikely to be prosecuted.

thats my understanding anyway, but obviously downloading is bad and you'd never catch me doing it whistle

Chris77

956 posts

223 months

clonmult

10,529 posts

238 months

Thursday 27th November 2008
quotequote all
The whole copyright of music in digital form was blurred years back, as they were allowing digital copies of music.

Anyone remember the birth of DAT, and how it was scuppered by the "discussions" over SCMS, which allowed I think 2 generations of digital copies of the music?

deckster

9,631 posts

284 months

Thursday 27th November 2008
quotequote all
Sorry guys, but you're all wrong. It is currently illegal to 'format shift' in the UK, and that includes ripping your CDs to MP3 as well as downloading CDs you already own. US law has an explicit 'fair use' exemption which allows this, but no such thing exists in UK law.

Obviously it's most unlikely that you would prosecuted for copying your CDs onto your Ipod, but technically it is illegal. There was a consultation this year and the govt are considering introducing an exemption to allow this, but they haven't said what they're going to do as yet.

clonmult

10,529 posts

238 months

Thursday 27th November 2008
quotequote all
But the CD format explicity allows (via the SCMS bits) a digital copy to either another CD or other digital format (specifically MD or DCC).

If format shifting is illegal in the UK, then it follows that iTunes or Windows ripping an owned CD is therfore an illegal act.

deckster

9,631 posts

284 months

Thursday 27th November 2008
quotequote all
clonmult said:
But the CD format explicity allows (via the SCMS bits) a digital copy to either another CD or other digital format (specifically MD or DCC).

If format shifting is illegal in the UK, then it follows that iTunes or Windows ripping an owned CD is therfore an illegal act.
The CD format is neither here nor there with regard to UK law. iTunes is fine, as you are explicitly paying for the downloaded track. You are correct that ripping an owned CD is technically illegal in the UK, as is recording something off the TV and keeping the recording.

john_p

7,073 posts

279 months

Thursday 27th November 2008
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You're also missing the fact that when you "download" with BitTorrent, Emule etc you are also sharing the bits you have downloaded to other people..

clonmult

10,529 posts

238 months

Thursday 27th November 2008
quotequote all
john_p said:
You're also missing the fact that when you "download" with BitTorrent, Emule etc you are also sharing the bits you have downloaded to other people..
True, but you can set upload limits to zero ....

Diderot

9,647 posts

221 months

Thursday 27th November 2008
quotequote all
Downloading commercial music that you haven't paid for is theft. End of.