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Digital Photos, Movies, & Music Gigabook For Dummies

Understanding the Legalities (and Illegalities) of MP3


Adapted From: Digital Photos, Movies, & Music Gigabook For Dummies

The technology behind MP3 is perfectly legal. So are baseball bats, automobiles, and laser pointers. All of these things can be used illegally, however.

Standard disclaimer: Digital music issues are still being tossed around in the courts. But let's start with what's generally assumed to be legal:

  • Downloading MP3 songs from the Internet if the artist has authorized those songs for distribution is legal.
  • Nobody will press charges if you make MP3 copies of your CDs, albums, and soundtracks for your own personal use.

Now for the illegal parts. Giving away or selling any of the MP3 copies you've made from your CDs, albums, or video sound tracks is illegal. Some Web sites say downloading a bootleg MP3 is okay "if you only keep it 24 hours." That's not true. It's still illegal. Just keep in mind the following points:

  • In short, MP3 technology is legal, and you're encouraged to download, copy, and trade authorized MP3s. Authorized means that the MP3 files have been approved for distribution by the artist who created them.
  • Feel free to make your own MP3 copies from your own CD collection. You can even copy those MP3 songs onto another CD with your computer's CD-RW or DVD drive — as long as you don't give away or sell either the original CD or the copy you've made. If you give away the copy, you must destroy the original, or vice versa.
  • To be perfectly clear, any time you make unauthorized copies and give them away, sell them, or post them on a Web site, you're breaking the law.
  • Trading unauthorized MP3 songs means the record company doesn't make any money. Many consumers won't cry over that. But illegal MP3s also take money from the artists who created the works — no matter how little the record company might be paying them.
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