Legal Question in Technology Law in New York

Commercial Use of MP3 Files

I bought a software producing a single .exe file which contains .jpg files and audio files such as .mid, .wav, and mp3. And this .exe will play a slide show with background music when it is clicked by a user.

I want to produce and store this .exe file into CDs or Floppies and sell to my customers. And here are my questions.

1. Can I use mp3 downloaded by myself through the Napster?

2. What about mp3 that encoded by myself from the music CD I bought?

3. What about mp3 that provided my customer either downloaded by himself through the Napster or encoded by himself from the music CD he owns?

4. Do different rules apply if my customer intends to use the CDs I produced for him personally or commercially? For instance, if he uses them as his wedding photo CD albums for his friends and family or uses them as his CD catalogs of products he sells.)

Thank you for your time.


Asked on 2/07/01, 3:40 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Commercial Use of MP3 Files

Question 1. Can I use mp3 downloaded by myself through the Napster?

Answer 1. No, unless permission is received from the artist.

Question 2. What about mp3 that encoded by myself from the music CD I bought?

Answer 2. No. The license received is for your personal use and not to be sold for profit. Permission is needed from the artist.

Question 3. What about mp3 that provided my customer either downloaded by himself through the Napster or encoded by himself from the music CD he owns?

Answer 3. If he downloaded the music from Napster, No. If the music was from a CD that he owns, and he was using the music for his personal enjoyment and without profit, Yes.

Question 4. Do different rules apply if my customer intends to use the CDs I produced for him personally or commercially? For instance, if he uses them as his wedding photo CD albums for his friends and family or uses them as his CD catalogs of products he sells.)

Answer 4. See above.

Mike

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Answered on 3/20/01, 8:55 am


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