I have a number of vinyl albums. I have recently given thought to purchasing the equipment necessary to transfer those albums into MP3 format so I can drop them into iTunes. Rather than enduring the expense, loss of time, and loss of music quality associated with transferring my vinyl to digital form, is it an option (i.e. is it legal) to use bit torrent software to grab these albums (assuming, of course, that I keep the vinyl and not give it away or sell it)?
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iPod If I own the vinyl album, is it legal to download the same album using bit torrent?
- Thread starter kavika411
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It is simply a question, and a fair question. "Honestly," why bother with a post like yours if you have nothing even slightly constructive to say?
I appreciate your response. I hadn't considered the uploading portion of bit torrent, as I am not very familiar with it.
And not to mention you "technically" did not buy the music, you bought the vinyl record that just happens to have the music (or some legal BS like that), so thus the music still needs to be bought for a different type of media, the RIAA doesn't even like people ripping CDs). But as mrkramer said, I doubt you would get caught.
You don't actually own the music, you just own a license to listen to the music on the format you purchased it on. If you listen to it on mp3, you need a license to listen to that mp3 file. If you listen to it on CD, you need a license to listen to it from that CD.
So it is illegal (in the most technical manner) to rip your vinyl to mp3, a CD to mp3, or possibly even copying an mp3 file for backup (because you don't have a license to listen to the new mp3, only the original mp3 you purchased).
Technically speaking, of course
So it is illegal (in the most technical manner) to rip your vinyl to mp3, a CD to mp3, or possibly even copying an mp3 file for backup (because you don't have a license to listen to the new mp3, only the original mp3 you purchased).
Technically speaking, of course
Thanks Mernak and thejadedmonkey, for taking the time to fill in some of the blanks. I need to clarify one thing, though, and re-ask another. First, I am not interested in whether I will or won't get caught; I'd simply like to know if it is legal. I won't do it if it is illegal. Second, regarding the concept of buying a license - that I bought a license to listen to it on vinyl, but not as an MP3 - here's where I get confused... I have been operating under the assumption that it is 100% legal, through and through, to rip CDs I own into iTunes. In that scenario, I have bought the license to listen to an album as a CD, but I have ripped it to AAC. If the "license theory" is indeed the standard, then I would need to re-purchase albums - which I already own as CDs - from the iTunes music store to fall within the letter of the law.
Thanks again for your thorough responses.
Thanks again for your thorough responses.
I'd say it wasn't morally wrong to download it off the Internet, as you own it. With regards to legality I suspect its legally grey.
That's the best answer you'll get. It can't be morally wrong because you already paid for the album once.
I appreciate your honest candor. I didn't realize I hit on such a murky topic when I asked the original question.
Yep. The legality surrounding things you already own in another format is an important part of the debate over downloading music. Because the technology has changed so much and people have large collections of tapes and LPs that would be difficult to convert to digital files that they don't want to lose to technological obscurity.
You don't actually own the music, you just own a license to listen to the music on the format you purchased it on. If you listen to it on mp3, you need a license to listen to that mp3 file. If you listen to it on CD, you need a license to listen to it from that CD.
So it is illegal (in the most technical manner) to rip your vinyl to mp3, a CD to mp3, or possibly even copying an mp3 file for backup (because you don't have a license to listen to the new mp3, only the original mp3 you purchased).
Technically speaking, of course
lol i dont think that is right.
if it was illegal then how would itunes ever be permitted to rip cds to mp3 in the first place. by your way of thinking, only songs bought as mp3 say by itms could go into itunes
The legality of media is always a very bizarre thing anyways. For example, if you buy a blank VHS tape and tape an episode of Survivor, it's legal for you to own and watch that tape, but only for a limited amount of time. That means that after about three months, you are legally obligated to tape over that episode of Survivor or you have illegal media in your home.
I think I may be right in saying that it varies on which country you are in.
I know some allow you a license for the actual SONG/ALBUM so you can download from other sources legally (technically speaking), whereas others sell you a license for the physical MEDIA (CD, Vinyl, MP3) etc.
Someone else may choose to correct me here though.
I know some allow you a license for the actual SONG/ALBUM so you can download from other sources legally (technically speaking), whereas others sell you a license for the physical MEDIA (CD, Vinyl, MP3) etc.
Someone else may choose to correct me here though.
Interesting note relating to this topic. RIAA sues a man for ripping his song from his legally purchased cd to his computer. http://www.engadget.com/2007/12/29/riaa-suing-citizen-for-copying-legally-purchased-cds-to-pc/
That can't be right. The RIAA could sue Apple for making rips possible in iTunes.
As far as the record companies are concerned, what you are asking to do is absolutely 100% illegal. To paraphrase your question, you're essentially wondering if paying for one album automatically entitles you to free updates and/or replacements of that album, for life. The answer is no, it does not. Having said that, it would be more of a civil ownership litigation than anything criminal (so you couldn't go to jail for it, but you might have to pay some big $$$.)
Engadget just made a correction on the story, it seems RIAA is suing him for illegal "downloading" rather than simply "ripping" from CDs.
See to me, that's bull. It's one thing to say "I bought a 2G iPod, therefore I should be able to upgrade to a touch for free" but since you've already paid for the music, you should be able to listen to it in whichever format you desire. This whole "you bought a license to play it on vinyl, not mp3" is absurd and I really wish someone would fight the RIAA in court over it. I have given you my money to play and listen to music, and therefore I should have the freedom to make backups of it, and to listen to it on vinyl or mp3 or aac or whatever the hell I want.
You're probably too young to remember this, but in the "glory days" of the record companies -- lots of people would buy the same music in different formats over and over again. Hear a new song on the radio, you'd buy a '45. Like the B-side and you'd buy the LP. Want to hear it in your car, you'd buy an 8-Track and (later) a Cassette, and then a CD. Before you know it, you've paid for 3-4 different formats of Three Dog Night. This is when the record companies were making $$$ hand-over-fist, because they were selling the same music to the same dedicated, repeat customers in many different formats. (Reminds me a lot of how a certain little computer company is suddenly doing really, really well because it manages to sell multiple computers, and iPod's, to the same core group of customers over and over again. Seriously, how many people reading this have ever owned just one Mac? How many have owned just one iPod?) In this argument, the record companies lost the battle because they weren't responsive enough to see digital music sharing bearing-down on them like a freight train. They are now desperately doing what little they can to try to bring back the only success they've ever known -- buying suing their customers, hoping we'll keep buying the 8-Tracks too.
That's a quite bad comparison. I don't think we buy a second MacBook because the first only works in the living room but not in the kitchen. Nor does one iPod play music from iTMS and the other plays CD rips only.
As has been pointed out above, the law varies considerably depending which country you live in.
In some countries, all blank media has a tax on it which is then distributed to the RIAA (I think) because it is assumed that you will only use it for illegally recording copyrighted media.
Yes, that makes my head spin too. Yes, I (and many others) regard it as morally wrong that the RIAA (or whoever) collects money for an 'illegal' act while simultaneously suing for the same act.
Morever, that money is collected by the govt, and given to RIAA (or whoever), this private organisation that manifestly does not represent all recording artists, even if the blank media is used solely for my own work that I created myself.
One final note - BitTorrent doesn't necessarily involve uploading or distributing. You can turn off the upload part (reduce upload bandwidth to 0) and only download. Many BT hosts don't like this and will give you a low priority. You can up your share ratio a bit by putting legal files (Firefox, Linux distros etc) up for upload and distribution.
In some countries, all blank media has a tax on it which is then distributed to the RIAA (I think) because it is assumed that you will only use it for illegally recording copyrighted media.
Yes, that makes my head spin too. Yes, I (and many others) regard it as morally wrong that the RIAA (or whoever) collects money for an 'illegal' act while simultaneously suing for the same act.
Morever, that money is collected by the govt, and given to RIAA (or whoever), this private organisation that manifestly does not represent all recording artists, even if the blank media is used solely for my own work that I created myself.
One final note - BitTorrent doesn't necessarily involve uploading or distributing. You can turn off the upload part (reduce upload bandwidth to 0) and only download. Many BT hosts don't like this and will give you a low priority. You can up your share ratio a bit by putting legal files (Firefox, Linux distros etc) up for upload and distribution.