Does this breach copyright...?

[B3NKobe]

Just curious if anyone knows if this is breaching copyrights, A couple of years ago I had a music CD which i brought - down the track I lost that CD, but still have the receipt (I keep every receipt, even thoughs from Donut King), now if I was to use Kazza or WinMX am I able to download some songs from that CD that I used to own.....


http://kirupaforum.com/forums/images/smilies/q.gif

[telekinesis]

I have heard from some sources that if you have previously bought rights to owning those songs (buying a CD) then if you download that song from a P2P program you are not pirating the song because in a legal void you already own it. It is illegal though to distribute songs to others even if you have purchased those songs. Just allowed to download songs you have proof of rights to (receipt).

I just started law school and we haven't exactly gotten much into cyber torts as of yet. Would love to give you more information on it.

[B3NKobe]

Thanks 'telekineses' - let me know if you learn anything on it in law school

[DariusMonsef]

But as I understood it, weren't there some copyright infringements when people make copies of their own songs, cds... if it isn't specifically for the intent of backing up..

ie, I buy a CD and then make a mix tape.


P.S. Dan, I'm considering a Law path, what area are you specializing in?

[philler]

It doesn't really matter anyway does it. If you feel right in doing it, just do it. If you think it's not right, then don't.
I did the same. I lost my Coldplay CD a year ago so I just downloaded the songs off the web, burned them onto a CD and used that, I still had the cover so it looks somewhat official.

[telekinesis]

PB, I am studing Commercial Law. I don't want to deal with criminals. :beam:

So I guess I'll never be able to represent myself in baby eating cases.

:lol:

[GreenLantern]

I have heard from some sources that if you have previously bought rights to owning those songs (buying a CD) then if you download that song from a P2P program you are not pirating the song because in a legal void you already own it. It is illegal though to distribute songs to others even if you have purchased those songs. Just allowed to download songs you have proof of rights to (receipt)

I think i'm going to have to disagree here. How would downloading songs from a CD that you lost be any different than if you lost the CD and went back to the store and demanded a new one? How about if you lost your car, and went to the dealer and said you wanted a new one? I realize that we are discussing intellectual property rights, which are a little different, but you get the idea right?

[prstudio]

To be honest according to our dear friends at the RIAA it is still illegal. Every CD has a unique identifier code on it. When you rip music from it, that code is transferred to the new audio file. So for example if you download a track 2 from someone of a CD you own - the ID code on that track will be different from the track 2 that you purchased.

It is argued that this makes it "not the same piece of property" and therefore illegal to download.

:(

[Digitalosophy]

PR made a good point.

But regardless you shouldn't be using Kazaa or anything like that. I think if you really want the CD that bad your going to have to rebuy it.

Which again is why I hardly ever buy CD's. Only CD's I buy is the artist's who I wish to support. For everything else I use the radio, etc.

[Yeldarb]

If you have the receipt for the CD and the RIAA comes knocking on your door, explain to them what happened and show them the receipt. I'd be inclined to think that they'd be more understanding if you had already purchased the CD than if your were just stealing the music.

You could argue that this is your "backup copy" entitled to you by law as well.

[B3NKobe]

Thanks guys - some very interesting thoughts on this - well its a bit late now cos iv downloaded the whole album again...