Shamelessly stolen from MSNbc.com


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.



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


Making love mixes

Can you legally put a collection of songs together and give it to your lover? It depends on what state you live in and whether you're married. No, that's not true, but if you are married, living together, or close friends, it might help make the case that the copy was made for a "personal use." Technically, giving away a mix CD is illegal, but there are exceptions:


Online agreements: For example, legal sites such as iTunes and Napster.com encourage you to make a CD mix or playlist, but their terms and conditions contract limits the number of copies to seven (7). As for then giving one of those copies away to a lover, Napster considers that an acceptable "personal use."


Audio CD-Rs: There is a relatively unknown exception under the AHRA that legally allows you to make a digital copy of your music and give it to that perfect man or woman. Both of the following conditions must be met:


You must record the songs on a special Audio CD-R (or for that matter on a MiniDisc or a digital tape). Audio CD-Rs look virtually identical to regular CDs except for the price tag. An Audio CD-R will cost you anywhere from 2 to 10 times as much per CD. The rationale goes: Between you and the manufacturer of the CD, the required royalty taxes have already been paid, as opposed to regular CDs, where the music royalty taxes haven't been paid. It takes some searching, but you'll find Audio or Music CDs at your local RadioShack or Office Max.


You must also record the mix using a "digital audio recording device." Again, under the AHRA, computers don't count. You need to use a standalone CD burner. Those devices are acceptable because, here again, the royalty taxes have already been collected. For example, Sony, Panasonic, and Philips sell standalones.




Can I join one of those CD rings?



Swapping music with your friends is nothing new, but the law is lagging behind when it comes to handing out the perfect digital mix. P2P networks aside, consider the CD ring: an arrangement where, each month, 1 of 12 friends makes a CD mix of favorite songs and distributes the CDs to the remaining 11. Most conservative copyright attorneys will discourage you and your ring of friends from making upward of 1,300 digital copies (12 months times 11 friends times 10 songs), even though it's not for a commercial use or financial gain. But there is little precedent on the issue, and creative lawyers justify trading multiple mixes, two ways:


Audio CD-Rs: Make all the copies using Audio CD-Rs and standalone CD burners (see above). But the more you make, the more likely the recording industry is to come calling.


Fair use: Certain limited uses of copyrighted music are considered fair use and, thus, legal. Commentary, parody, news reporting, education, and research are classic justifications for fair use. Occasionally, courts expand the spectrum of exceptions. Take the now famous Betamax case, where the Supreme Court ruled that time shifting--recording a show and watching it later--was considered a legitimate fair use. In that vein, ambitious attorneys argue that while copying a complete album may be illegal, a mix of songs is fair use because it doesn't displace the sale of an entire album. But with individual songs now available for sale on legitimate sites, that argument likely falls flat.


The ultimate question: How many copies are too many? A mix CD for your lover is generally acceptable, but if you get married and you give that mix to all of your guests as a wedding memento, you risk your happily-ever-after status.

Yeah, and under the AHRA, not only is almost every person with a portable mp3 device breaking the law, every single mp3 device in the country is actually illegal. Welcome to the United Corporations of America.