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User Name Thread Name Subject Posted
GUEST,Okiemockbird private use CD--legal or not?? (25) RE: private use CD--legal or not?? 09 Mar 00


My hunch is MMario is right (distribution of copies matters) and annap is wrong (private copying isn't necessarily illegal). My hunch is, intercepting music from the radio, or from another recording, for private use might (but of course, this is private opinion, not legal advice) come under 17 USC 1008:

"No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings."

Note the careful wording:

"No action may be brought under this title" i.e. there might be other parts of the law under which action might be brought;

"alleging infringement of copyright" i.e. they are free to allege other things, like "circumvention" that might apply;

"based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings" i.e. an action might still be brought alleging infringement based on the distribution of copies even if it can't be brought based on the use of the recording equipment or medium.

Maybe if your friends make ONE copy for themselves, and just happen to have blank CDs and CD burning equipment at their party, and each of their friends individually just happens to make a private recording for himself--maybe then the activity is legal. But that's one for the lawyers to work out.

PS: were your friend planning to "cover" the songs themselves, or make an anthology of tracks from other performers' albums ? In the latter case, in addition to the copyright in the music and words, there may be a copyright in the recording itself.

T.


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