0.4 Music and copyright  (Page 2/6)

If you would like to learn more about DRM, see “How Stuff Works: DRM” at (External Link) (Layton 2006, 1)

Q: Is it really illegal to download music (or movies) from peer-to-peer networks?

A: It is illegal to download anything from a peer-to-peer (or P2P) network if the copyright owner does not give permission for the song to be there . In some cases, the owner does allow P2P distribution. Often, this helps a new musician become popular. Or, a recording may be in the public domain, so that copyright law does not apply to it. However, the majority of songs on P2P networks are probably not there with the permission of their copyright owners. In those cases, yes, it is illegal to download them.

Q: If I purchase a CD, can I loan it to a friend?

A: Yes, the Doctrine of First Sale allows you to do what you want with a copyrighted item so long as you do not use the six rights of the copyright owner. You may even copy it, and edit out the bass line or lyrics, sell it to your neighbor, etc. You should not sell copies, or edited versions. If your friend copies a CD that you loan her, that’s her responsibility, not yours.

• II. How does copyright law affect how we listen to music?

Q: If I download a great new album from Rhapsody, can I invite friends over to listen to it?

A: Yes. The Doctrine of First Sale leaves you free to use the music in any way that does not contradict the six rights of the copyright owner. (U.S. Copyright Office) Playing the music in your private home, even with friends present, does not constitute a public performance.

Q: What if my friends and I go to a park and listen to this music on my portable speakers?

A: The use of small consumer electronics in a public area is normally not a copyright infringement. If the music from the speakers cannot be heard more than ~15 feet away, it is not a public performance. (15 feet is not a legal ruling, just a guideline). (U.S. Copyright Office)

Q: What about my friend who’s always cranking his car stereo?

A: Cars tend to move, and therefore do not collect an audience for more than a few minutes. Admittedly, anyone within a mile can hear their music – but then it becomes a noise violation, not copyright infringement. In the unlikely case that one person with a powerful system went to the same location every day and played a predictable style of music, attracting a similar crowd every time, then that person would be creating a public performance and in violation of copyright.

Q: If I pay for a legal copy of a song, can I rip it to use part of it as a ring tone, or copy it to my phone just for listening?

A: It depends. If your purchase included a click-through agreement, chances are that you “agreed” to not do things like this. Click-through agreements have been challenged in court, and have been declared legally sound (Davis 2007, 577).If you have purchased a CD without DRM software, then you may make limited copies for your own use.

Q: I want to use music from a current musician’s CD as background for a film I’m making for my campus student film contest.