Re: Making CDs for gifts

> My understanding is that a person may make three copies of a
> purchased CD for their own use.

The "three copy" rule is in section 108 and refers to libraries making copies of records or CDs. I don't see anything in the copyright law that authorizes private copying of records or CDs other than fair use. I gather that it's pretty well settled that making a copy for your own use, e.g., copying a CD onto a tape so you can play it in your car, is permitted.

> Copying music, even if it is to give away, infringes on copyright
> law. Am I right?

Copying it to keep is probably OK. Copying it to give away definitely is not, except for narrowly drafted exceptions for libraries providing copies to each other. Whether you give away or sell infringing copies makes little difference.

I think that a lot of the stuff that the recording industry is trying to foist off on the American public is pretty reprehensible (the DMCA, and the whole licensed-rather-than-sold fiction), but when I see the extent to which people not only make blatant ripoff copies of music but somehow persuade themselves that it's legal and moral to do so, I can't help but have a wee bit of sympathy for the industry.

(I am not a lawyer, but I make almost all of my income from royalties from books that I've written, so copyright law is of great personal interest.)

-- 
John R. Levine, IECC, POB 727, Trumansburg NY 14886 +1 607 387 6869
johnl@iecc.com, Village Trustee and Sewer Commissioner, http://iecc.com/johnl, 
Member, Provisional board, Coalition Against Unsolicited Commercial E-mail