IMO, if you've made a good faith effort to obtain published works legally, and yet cannot, then the copyright holder is actually committing a crime worse than copyright infringement. The original intention of copyright law was to make works available to the public at large, and to ensure that works didn't get hoarded in dusty cupboards never to be seen. Without that premise, copyright law is entirely worthless.

But you need to be careful with your wording!

I say if I have no means of paying someone for their property, why shouldn't I get it for free?


I have no means of paying for a Ferrari F40.

Anyway, the interesting question is "What constitutes a good faith attempt?"

Trying your local mom+pop record store?
Trying your local Big5-owned store?
Trying all stores in a 5 mile radius?
10 miles? City-wide? State-wide? ....
Phoning the copyright owners agent?
Shagging the copyright owner?


Answers on a postcard please....