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INSIDER SECRETS: Copying music--legally
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Copying music--legally
 Tip 1: Same song, different place
Alex Wellen Submitted by:
Alex Wellen
Author, Barman: Ping-Pong, Pathos, and Passing the Bar (Three Rivers Press, 2004)
Same song, different place
You're no music pirate. You know it's wrong to download or upload thousands of songs. You're not about to sell copies. You're really not in the mood for a lecture about how music piracy hurts everyone or what Congress needs to do to fix matters. Simply put, you buy music online or in the store, and all you want are some no-nonsense answers about what you can and cannot legally do with your music collection. The answers are not as obvious as you might think. Here's the deal, but first, one rule: Don't shoot the messenger.

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  • Don't tell me I can't back up my collection! Believe it or not, it depends. If you were to back up your entire music collection on analog cassettes, you'd be in the clear. The Audio Home Recording Act (AHRA) of 1992 makes an explicit exemption for cassette backups. Unfortunately, the AHRA doesn't apply to songs copied to computers. That means, under the strictest interpretations of U.S. copyright law, ripping a song to your computer, then uploading a song to your portable player or copying it to a CD is considered unauthorized and illegal. Of course, there are exceptions.

  • How about a copy for my car? If you legally download a song, you need to look at the Web site's license. Take iTunes, for example. Apple encourages you to "make as many custom CDs as you like." The terms of service, however, limit the copies to "personal, noncommercial use." As for ripping physical CDs, even the Recording Industry Association of America seems to be willing to look the other way, as long as the copy is made from a song that you legitimately own, and it's for "personal use." What is meant by personal use? Few cases have addressed the terminology, but suffice it to say, if you own three cars, two computers, and one iPod, you can safely make a copy for each.


HELPFUL LINKS 
U.S. Copyright Office
Alliance of Artists and Recording Companies
Musicunited.org
EFF: Let the Music Play
RIAA: copyright laws
Apple iTune: how to burn a CD
Napster terms and conditions

Please note: This is article is intended to educate consumers and is not intended to offer legal advice.
Alex Wellen Submitted by:
Alex Wellen
Author, Barman: Ping-Pong, Pathos, and Passing the Bar (Three Rivers Press, 2004)
Alex Wellen is the author of Barman: Ping-Pong, Pathos, and Passing the Bar. He cocreated and executive-produced the Emmy award-winning television series CyberCrime on the TechTV cable network. Prior to his work in television, Wellen practiced intellectual property and antitrust litigation in Manhattan.
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