Re: Making CDs for gifts

on Fri, Dec 21, 2001 at 10:07:16AM -0500, Sue Gagnon (SGagnon[_at_]anselm.edu) wrote:
> Merry Christmas everyone:
>
> I have never posted to this list even though I have been on it for a
> few years. I have a question; I am almost certain I know the answer,
> but I need proof or verification. I am a paraprofessional in a
> library and not a lawyer, so if responses could be posted in laymen's
> terms, I would appreciate it. More and more I know of and hear of
> people who record various artists' songs on CDs and give them as gifts
> to friends, relatives, students and co-workers. For instance, one
> person copied around 15 Christmas melodies recorded by professional
> artists and gave them away as Christmas gifts. Another person, a
> teacher, copied contemporary religious songs and gave a CD to each
> student in her class.
>
> My understanding is that a person may make three copies of a purchased
> CD for their own use. Copying music, even if it is to give away,
> infringes on copyright law. Am I right?

"Three copies" sounds like the seven second myth.

See 17 USC 1008:

    No action may be brought under this title alleging infringement of     copyright based on the manufacture, importation, or distribution of     a digital audio recording device, a digital audio recording medium,     an analog recording device, or an analog recording medium, or based     on the noncommercial use by a consumer of such a device or medium     for making digital musical recordings or analog musical recordings.

    http://www4.law.cornell.edu/uscode/17/1008.html

Peace.

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