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  1. #1
    Join Date
    Jan 2010
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    3

    Unhappy Is Sharing Music CD's Within a Family Legal

    Here is a scenario I've come across:

    A college student who owns a lot of music CDs lives with their family during holidays. Their father and several other family members saves all or most of the hardcopy music in the house onto their computers. The father says this is legal because the music is staying within the family.

    It seems a bit iffy to me. Technically the father is receiving something he hasn't paid for, although it seems a bit odd to say he should buy his own copy of music that can already be heard in his house for several months a year. It makes sense to me that he can save the hardcopies that belong to other members of the family who reside there 24/7, as in his wife, but otherwise, when is it legal?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Is Sharing Music CD's Within a Family Legal

    If somebody in your family wants to borrow your CD to listen to it, that's fine. If they want to rip it and keep the files, nobody should have to explain that it's a copyright violation - that's obvious.

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Is Sharing Music CD's Within a Family Legal

    The father says this is legal because the music is staying within the family.
    wow, I can think of a bunch of crimes that this would be a great defense for, if only it were true.



    Technically the father is receiving something he hasn't paid for,
    you are absolutely right

    It makes sense to me that he can save the hardcopies that belong to other members of the family who reside there 24/7, as in his wife,
    he has no right to possess a copy of any CD that is not his. Only if the owner of the CD gives the cd to dad does dad have a right to also possess a copy of the CD.

  4. #4
    Join Date
    Jan 2010
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    3

    Default Re: Is Sharing Music CD's Within a Family Legal

    Apparently it's not so clear... while I don't agree with it, the majority of people I know find this scenario, and even blatant file sharing, perfectly acceptable.
    I kind of wish for something concrete to show them to change their minds.

    Also, something related (people use this to support sharing)... When downloading music on iTunes, the song is licenced to be shared with 5 outside computers at a time.

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: Is Sharing Music CD's Within a Family Legal

    =sillyfist;382164]Apparently it's not so clear... while I don't agree with it, the majority of people I know find this scenario, and even blatant file sharing, perfectly acceptable.
    what's not so clear?

    from the movie Highlander. There can be only one. That is there is only one possessor of the music at any given time.

    Just because the majority of people you know choose to attempt to rationalize their illegal actions does not make it legal.


    I kind of wish for something concrete to show them to change their minds.
    try this from the copyright office:

    http://www.copyright.gov/help/faq/faq-definitions.html

    Also, something related (people use this to support sharing)... When downloading music on iTunes, the song is licenced to be shared with 5 outside computers at a time.
    I have not read the Itunes licensing but if they allow it to be shared among 5 computers then that is what it is. I have my doubts they mean it can be shared among 5 different people.

    regardless, that has no applicability to the purchase of a CD even if it would allow multiple users.

  6. #6
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Is Sharing Music CD's Within a Family Legal

    Yeah, I'm not condoning sharing at all. I'm just giving a hypothetical situation that represents the same discouraging ideas I confront a lot.

    I'm glad to know that it's as blatantly obvious to others as it is to me that this is stealing.

  7. #7
    Join Date
    Jan 2006
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    38,867

    Default Re: Is Sharing Music CD's Within a Family Legal

    (vii) You shall be entitled to export, burn (if applicable) or copy (if applicable) Products solely for personal, noncommercial use.
    (ix) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product
    (iii) You shall be authorized to use the Products on five Apple-authorized devices at any time, except in the case of Movie Rentals, as described below.
    ]

    Is that last quote what you were talking about? That means if you own 5 devices that are capable of storing the music, you are allowed to to store it on those 5 devices but it is limited to YOUR devices. That does not authorize you to put the music on 1 of your devices and 4 friends devices.

    and that is simply the terms of use of the site. It does not extend any copyright limitations. In fact, there are no limitations as to how many copies you can make of any cd but you cannot distribute any of those copies to anybody else. Whomever owns the original cd is the only person allowed to also possess a copy of the CD.

  8. #8

    Default Re: Is Sharing Music CD's Within a Family Legal

    While technically illegal this is widely done and you have a near zero probability of being charged with anything. The people that run into trouble are those that put the files online to share with the masses.

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