ChrisBrightwell said:
Sure, I can copy a disc for my own personal use -- but I can't copy it and give it to a friend. That was my point. Perhaps I should have stated it explicitly.
And once you get beyond personal use, it gets even weirder.
If you buy a CD for yourself, you can make backup copies, rip it to your computer, make MP3 CDs, load it into an iPod, etc.
If, however, you're a DJ and you buy that CD for your business, you can't do any of the above without paying for additional licenses. In order to play the disc in public, you (or more commonly, the venue) need a license (typically a general/blanket license from the big-3 agencies:
ASCAP,
BMI and
SESAC. If you want to duplicate the disc (whether as a backup or for redistribution), you need a master-rights license. If you want to play it from a hard drive, MP3-CD or iPod, you need a digital rights license. If you want to distribute a lyric sheet (perhaps as a part of making a karaoke disc), that's yet another kind of license. If you are in a band and you want to record yourself performing someone else's song, that requires a mechanical rights license (like those from the
Harry Fox Agency). Ditto of you want to record your customers singing over someone else's recording (e.g. at a karaoke event.)
All the "fair use" provisions of the copyright law (that allow you to pretty much do what you want with the discs you buy as long as you don't redistribute the results) go out the window if you're using the disc to make money in any fashion.
ChrisBrightwell said:
I may be wrong, but I'm pretty sure that if I go and buy the songs that I downloaded, those MP3s magically become legit -- but not until then.
This is a big gray area. I don't think anybody's going to care if you don't redistribute the files, but I would not count on that holding up in court if somebody decides to file suit.
ChrisBrightwell said:
You're right, though. The right to download songs that you bought on CD (or from iTMS, I would assume) is clearly yours.
For personal use. If you use them for public performance, you will need a separate digital rights license. Downloaded music is not considered a "phonorecord" under the law, and that's all you can play in public under a general/blanket license.
Hopefully, the laws will be straightened out sooner or later. IMO, there should be no difference between a phonorecord and a digital recording of the same song, but the laws have not yet caught up to reality.
ChrisBrightwell said:
There's a mess of rules that disallow the distribution on P2P networks, but you actualy downloading them is fine, assuming you already had the right to do so.
Making copies of, and distributing, phonorecords (records, tapes and CDs) requires a master-rights license, which generally must be negotiated with the copyright holder of the material. You can buy such licenses, but in doing so, you obligate yourself to keep careful records of how many you produce and pay the appropriate royalties. (This is how record labels like K-Tel can issue compilation albums when they don't publish the original albums.)
The digital equivalent is things like iTMS. Right now, there is no standard procedure for getting digital rights licenses for redistribution. They are all privately negotiated. Companies like Apple and Real have gotten these licenses. They can sell/give away any covered song, as long as they keep records and pay the license fees.
Theoretically, you could get a license to redistribute music over a P2P network, if there is some way to actually track the number of downloads and make the royalty payments. But since existing P2P software is designed to hide (or completely eliminate) this kind of information, it is unliely that any major copyright holder will actually issue such a license.
WRT your right to make the download, that's another gray area. If I already own the music (perhaps on vinyl) when I download the song, I don't think I've done anything morally or ethically wrong. But I don't think anyone can say for certain if any law was broken by the downloader. (As opposed to the sharer, who almost certainly has broken some laws.)