Once upon a time, someone told me the good news about music sharing: it is absolutely fine to burn a copy of an album that you own and share it with friends, as long as you own the music and you are only sharing it with people you actually know. Obviously, it is not okay to burn copies of a cd and sell them or distribute them to the masses.
I took this news to heart and went ahead and shared thousands of CDs with friends. In return, I have received countless gifts of musical joy from friends as well. Many times this sharing has led me to a newfound love for an artist I would not have purchased without the recommendation and sample. It has led me to buy subsequent albums and even concert tickets. I think the world of sharing the good news of good music is beautiful.
Now, for the first time in 10 years, I am questioning whether or not this practice is legal and/or ethical. I have been led to question it by a passage I read in this fabulous article by David A. Bednar:
"Immoral thoughts, words, and deeds always are immoral, even in cyberspace. Deceitful acts supposedly veiled in secrecy, such as illegally downloading music from the Internet or copying CDs or DVDs for distribution to friends and families, are nonetheless deceitful. We are all accountable to God, and ultimately we will be judged of Him according to our deeds and the desires of our hearts."
I like to take the words of Apostles of God seriously. If I am sinning by sharing music with friends and family, I want to know so I can attempt to fix the damage I have done. What I want to know is, what IS the official law on this matter? I tried to research it and seemed to find two camps of people:
A) the people who, like my previous self, could see nothing wrong with sharing music with friends and family, as long as you are not selling or distributing it. These people seem to be saying that there is no official law against sharing music. They argue that the Recording Industry Association of America campaigns to try to make people believe it's illegal, but technically it isn't.
B) the people who say that it is illegal to make copies of a CD for any person other than the individual who purchased it. Not sure if they are influenced by the RIAA or by the actual law.
I really don't know whom to believe here. Does anybody out there have access to the official law on this matter? Any copyright lawyers out there? Anybody with a strong opinion that they want to share? Please, don't be shy! I need your comments as I try to sort this out. Don't worry about offending me. Be candid. I can take it.
And just to be clear, I don't want to know whether or not you think I will be caught and sent to jail for burning CDs. I want to know, IS IT TECHNICALLY LEGAL, and IS IT MORALLY RIGHT OR WRONG?
9 comments:
Jenn, funny you should comment on this subject. I've had thoughts like this many times and this is the conclusion I've come to. Artists, muscians, actors, etc. make money by playing music, acting or whatever they do. That is their job and they live off the money they make by their skill. I wouldn't like it if someone didn't pay me for working. So, I don't think it is morally right to copy DVDs or CDs. That's not to say I haven't done it but I have consciously tried not to.
Jenn, I don't know the official law written in stone, but this is what I feel. I feel that it is wrong to copy anything. If you are copying and giving that CD away you are stealing from the person who is profitting from that music or movie. Because for every copy you have given away is one less copy they have sold. Does that make sense? Mike and I have made copies of movies for ourselves..like if he was deploying and wanted to take a few movies with him. Then I still felt guilty about that. :)
Hey Jenn, My husband worked as a trademark/copyright lawyer in NY for a few years. Basically, according to him, it is illegal to share your music and make copies for anyone other than yourself. But hey - whether or not it was illegal, it sounds like an apostle has let us know where to stand on it. It's so nice how the church clears up some of those grey areas. :)
I read that particular article just the other night and have been thinking about it a lot. Back when CD burners were all the rage I copied TONS of CD's and didn't think twice about it. Call it being young & ignorant but as I've grown my opinion has changed. I do photography on the side & I have had more than one instance where people have posted my photos and claimed them to be their own. So, I can see how any copying is wrong. Granted my photography doesn't take all the staff & resources of professional musicians but regardless it is still my creation and to have anyone take it and call it their own is hurtful. That being said, I do regret the things I have copied & given to others but now that The Church has clarified their stance on the subject, I will make an effort to live by the counsel and not stress too much about what was done in the past. :)
Mike and I have been burn free for four years now, until recently. :o) Although, I usually buy the songs I like and throw away the cd. He worked for the Motion Pictures Association and would have been immediately fired if seen with any copied material. We've taken it to heart. I'm sure he knows the laws. When I talk to him, I'll ask. Looks like other's may have already answered the question though.
This has been something I think all of us have had a hand in doing...without realizing. Even at church. People photocopy copyrighted music for the choir (illegally) and to be perfectly honest...the watching of movies (like disney movies being used to entertain kids during RS meetings or workout videos being used by the sisters in a group) or any dvd's not home made in the building is done all the time but probably shouldn't be. I know this is a slightly different topic since I'm bringing up stuff being done in a church building...I think the video usage is different in a home. But I think Autumn is right...and I have burned cds here and there in the past but don't anymore. I do see how frustrating it can be however since the burning of cd's and sharing them has opened you up for liking more and more artists...how else are we supposed to know whether we like this or that? If I hear a song or two that I like, I go to mtv.com or vh1.com and look up the cd and try to listen to the soundbytes before buying the cd. Just an idea so you don't go out and buy a bunch of blah music.
a.) Grant, the musician, when questioned by myself a long time ago on this very same matter, said that he and all his musician friends (who get paid to play) love love love it when people share their music with others. They see it as a way of getting their stuff out there. Free advertising/making the world a better place by increasing the beauty in the lives of others.
b.) Elder Bednar was pretty clear.
I think it's dishonest to copy CDs and DVDs. However, I'm perfectly fine with making compilation albums with my favorite songs on them. Then people can get a taste of what I like and check out the rest of the albums themselves.
Think of it as a book. Would you loan a book to a friend? Absolutely. Would you photocopy it? Probably not.
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