CD Copyright Law

CD Copyright Law thumbnail
If a CD contains copyrighted music it cannot be copied or sold without permission.

Copyright law protects creator's rights. If music is copyrighted, only the owner has the right to make copies and sell his music. Illegal downloading and music piraters are now being criminally and civilly penalized for copyright infringement.

  1. Copyright Law

    • CDs are copyrighted sound recordings. A copyright holder is granted several exclusive rights. For copyrighted sound recordings they are: (1) the right to make copies of the work, (2) the right to distribute copies for free or for a profit and (3) the right to transmit the recording digitally.

    Illegal Downloading

    • The Internet has made it very easy for people to illegally download copyrighted digital sound recordings. File sharing networks like Napster allow users to upload copyright music from CDs and share the files with millions of users. Illegal downloading is copyright infringement.

    CD Burning

    • Another common copyright violation for sound recordings is CD burning. Regardless of whether the original CD was legitimately purchased or was illegally downloaded, using a CD burner to make copies is copyright infringement. A person is permitted to create one CD from legally downloaded music, for personal use only, but making any additional copies, whether or sold or given away, is illegal.

    Criminal Penalties

    • People who illegally download music or make duplicate copies of CDs are now subject to severe criminal penalties. A person who is found guilty can serve up to five years in prison and be required to pay $250,000 in fines.

    Civil Penalties

    • People who violate CD copyright laws can also be subject to a civil lawsuit brought by the copyright holder. In addition to extensive legal fees, violators can pay damages of thousands of dollars, starting at $750 per song. Violators who illegally download music, burn CDs and then distribute or sell those CDs may be required to pay up to $150,000 in damages to the copyright holder.

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