Fair use of music

[EverWondering]

Hi!

I don’t know if this is the right place for this question, but I was wondering how exactly does fair use work?

Basically, I’m wondering if it’s ok for me to have and listen to copies of CDs that my sister owns? When we were growing up we shared many things, such as books, cassettes!! and CDs. So when the digital times rolled around, I digitalized all our music collection and have been putting it on the mp3 player du jour, if you will. Let it be a mixed CD to listen to in the car, or simply copying my fave songs on my phone.

So I don’t know if this is ok? I mean, to me it seems silly to buy two copies of the same CD, one for my sister and another one for me…but I get confused with the whole copyright thing.
Now, my sister has since moved away and so we are not under the same roof anymore…does this change things? She took her CDs with her when she moved, but the copies on the PC remained…is this wrong? Should I now purchase every CD that was hers for my use now?

Please help me, as I’ve stopped listening to the songs to which I do not personally own a a CD for, and I need to know if I should delete them? And buy my own copy for future listening? Or am I being too scrupulous about this?

I’m just confused, like I said I don’t understand the copyright laws very well and yes I have tried to read and make sense of them, but with no luck…so that’s why I’m here

Thanks!!

 

[Mintaka]

You’re being too scrupulous about this. Having one copy of a family member’s CDs, or a few mix tracks drawn from those CDs, is well within fair use. You are essentially borrowing each other’s albums back and forth.

Now, of course you may someday wish to own your own copies of those CDs, just because you like the bands and want to support them. Going forward, if they release more albums and you like them, you’ll probably buy the new albums, or some friend who’s listened to your CD copies will do so. It is all advertising for them, which is how fair use pays off in the end.

If you are worrying yourself to death over these things, just get rid of your copies or buy your own over time. But I don’t think you need worry.

 

[DexUK]

What it comes down to here is the compensation the original owner of the copyright of the music is due.

When your sister was living under the same roof as you, you could, to an extent, have been described as having the CDs as what’s called ‘common property’. Therefore it wasn’t really an issue if you shared them between yourselves.

Where the problem lies is when two people in different places are enjoying the benefits of the music at the same time (and benefit includes having access to it, not just the actual listening to it).

At this point now, your sister has the CDs she bought and you have digital copies of them. That means two people have access to the music independently, but it has only been paid for once and therefore the original copyright holder is being deprived their just reward because, by rights, they should have been paid twice if the music is available to different individuals in two separate places.

By all standards of moral behaviour, therefore, you should divest yourself of the digital copies of music you do not have in your possession as the original CD. The same applies to digital originals (i.e. paid for downloads, such as DRM-free iTunes purchases) - i.e. you or your sister should agree between you which one keeps access to the paid for digital music and the other one should delete their duplicate copy.

The principle of ‘fair use’ is only in respect of making extracts for the purposes of illustrating or referencing a substantially larger original work. ‘Fair use’ does not cover whole (or as good as whole) duplicates of music tracks.

 

[Joe_5859]

When they speak of “fair use” in terms of copyright law, this is not what they are talking about. They are talking about the ability to excerpt certain things from a copyrighted work. For example, if I’m writing a book review, I might quote a paragraph from the book without getting permission from the copyright holder or providing any compensation. That’s because I’m just quoting one paragraph from a much larger work for the purpose of reviewing it. That is considered “fair use.” Quoting from sources for papers at school is the same thing.

What you are asking about is different. I don’t have an official answer for you. You’d need to ask a copyright lawyer. I recall 15 years ago that a friend whose dad was a lawyer said that sharing music with members of your immediate family was not a violation of copyright law. Now, I cannot verify if he knew what he was talking about. Also, a lot has changed in the past 15 years, and no longer being in the same household may change things, too. But maybe it doesn’t. I think this is a legal question that is beyond the expertise of any of us here.

 

[1ke]

Hi!

I don’t know if this is the right place for this question, but I was wondering how exactly does fair use work?

It doesn’t work. Not for what you are wanting to do. Fair use is to use short snippet in an academic setting for critique, illustration, etc.

Basically, I’m wondering if it’s ok for me to have and listen to copies of CDs that my sister owns? When we were growing up we shared many things, such as books, cassettes!! and CDs. So when the digital times rolled around, I digitalized all our music collection and have been putting it on the mp3 player du jour, if you will. Let it be a mixed CD to listen to in the car, or simply copying my fave songs on my phone.

No, this is not OK. It is OK for you to put your own music on your MP3 player. It is not OK to pirate a copy of music you did not purchase from someone els and put it on your MP3.

This is stealing.

So I don’t know if this is ok? I mean, to me it seems silly to buy two copies of the same CD, one for my sister and another one for me…

It is not silly. It is the law and it is the moral thing to do. Otherwise, you are stealing copyright protected work from the artist who is entitled to payment for it.

Should I now purchase every CD that was hers for my use now?

Yes. If you want to continue using them. Otherwise, delete them.

Or am I being too scrupulous about this?

No.

I’m just confused, like I said I don’t understand the copyright laws very well and yes I have tried to read and make sense of them, but with no luck…so that’s why I’m here

So forget about “fair use” which does not apply. Simply go with-- if you did not purchase it, it is not yours to make copies of.

 

[1ke]

You’re being too scrupulous about this. Having one copy of a family member’s CDs, or a few mix tracks drawn from those CDs, is well within fair use. You are essentially borrowing each other’s albums back and forth.

This is entirely incorrect.

 

[edwest2]

You, the OP, are not being too scrupulous. We’re on the internet but nobody seems to know about copyrights, and, no, you don’t need a lawyer. When the two of you were living together, you had access to what she owned. I think it appropriate to delete files you have and buy the CD or individual songs from a place like iTunes.

For those confused about what Fair Use means:

copyright.gov/fls/fl102.html

Or give them a call. No lawyer required. (202) 707-3002 or 1-877-476-0778

Peace,
Ed

 

[EverWondering]

Thanks to everyone for the information and advice!!!

Seems like I have some shopping to do!!

 

[Wryman]

What about watching a Youtube video that is almost certainly posted by someone in violation of copyright? Are you using stolen merchandise?

 

[1ke]

What about watching a Youtube video that is almost certainly posted by someone in violation of copyright? Are you using stolen merchandise?

Yes.

 

[pnewton]

Each of you could take half the music and just swap every so often.