Legal Question in Technology Law in Georgia

Re: Copyright as applied to destroyed or stolen CDs

I will answer the second question first. Recreating the original CD in the event of damage or loss is the reason for the backup, so that is unlikely to get you in trouble with a copyright owner. If you were a copyright owner would you want to go into Court and tell the judge he or she needs to get involved in helping you prevent some robbery victim from using his backup? Copyright owners have more pressing things to do than to try to go after small scale infringers who might falsely claim they were just using a backup of a CD that was stolen.

The copy for playing is generally legal. In that case the original becomes the backup and you are just using the copy to avoid the original getting damaged. The copy could be in an MP3 player or tape or whatever other form and the principle is still the same. Where problems arise is when multiple copies are made and sold, because then the one making the copies knows it is wrong and knows that is damaging the sales of he copyright owner and, frankly, we copyright owners would hope someone like that, figuratively speaking, gets his nuts cut off. Unfortunately, the infringement is so rampant that labels are playing catch up right now and just have time for the big players in the infringement business who are doing them real damage. Small guys generally get a "pass" for now. Once the labels stop the big players they will start on the little guys. Or, if some little guy is particularly brazen about infringing, the labels might choose to make an example of him or her. If you infringe with multiple copies, you are legally exposed.