Ethical/legal question about copying music

[Kim G]

I sometimes rent CD's from our library and copy the music onto my computer so I can listen to it on my phone. But I always delete the music from my phone and computer when I return the CD to the library because I believe that keeping the music would be dishonest. If I like the music enough to want to keep it, I just buy a copy of the music online.

Here is my question: what about music that is no longer produced or sold? My kids have been loving a CD that introduces the orchestra and symphony music in a fun, fast-paced way. I wanted to buy a copy and discovered that the album is no longer available. So is it wrong to keep a copy of this music or not?

 

[THE W]

I've actually been in the process of deleting everything on my computer that i got from illegal downloading. I got A LOT of stuff but I'm almost done.

I'm the same as you. If the material is out of official print then i see it as fair game.

 

[NaphtaliPress]

Out of official print (stock) is not out of copyright; else any book out of print could be republished by anyone. Check the CD in question; if there is a copyright notice, be as scrupulous as with the other material. Or, write the publisher.

 

[THE W]

Out of official print (stock) is not out of copyright; else any book out of print could be republished by anyone. Check the CD in question; if there is a copyright notice, be as scrupulous as with the other material. Or, write the publisher.

Define 'republish'..

 

[NaphtaliPress]

what it means. Copyright of course extends to more than just publishing but using or obtaining without paying.

 

[THE W]

I would say this is pretty conclusive: http://www.copyright.gov/help/faq/faq-fairuse.html#p2p

Is it legal to download works from peer-to-peer networks and if not, what is the penalty for doing so?
Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.

Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.

Since the files distributed over peer-to-peer networks are primarily copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, whether music, ebooks, or motion pictures. By purchasing works through authorized services, consumers can avoid the risks of infringement liability and can limit their exposure to other potential risks, e.g., viruses, unexpected material, or spyware.

So NP is correct. if its got a copyright, it's a no-no. whether its being sold or not.

 

[Kim G]

Thank you all. I will contact the publishers and will not keep the album unless I hear from them.

 

[Edward]

Disney uses the copyright laws (many of which they have purchased through heavy lobbying) to keep the politically incorrect movie "Song of the South" out of circulation. So as noted above, the fact that it isn't available for retail sale doesn't mean that it isn't still subject to copyright protection.

An alternative might be to see if you could pick up a copy at Half Price Books or a local equivalent.