Legal Question in Technology Law in Texas

Legality of digital music storing

Is it legal for me to store music that I have purchased on CD in a digital format on my computer AFTER I sell the actual CD? Since one cannot make a profit by buying new CD's, copying the music onto a hard disk, and then selling the CD, why would this be illegal?


Asked on 10/09/01, 7:17 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Legality of digital music storing

Because it deprives the record label of one CD sale every time it is done. Copyright infringement is illegal whether or not the infringer makes any money at it, because it deprives the copyright owner of the revenue that is the incentive for the creation of artistic works.

I suppose you would also think the person you sell to could copy the CD to his or her hard disk and repeat the process, and that the next, and next and next and next one could, too. And, each of those probably has a CD burner, so why couldn't they burn a CD "just as a backup"? And, then why couldn't they sell that backup? One purchased CD could produce an infinite number of illegal copies. Where would the process end? The answer is it is illegal for it to begin. Once you copy it to the hard disk you are an infringer unless the copy is purely a backup which will be deleted if the CD is transferred to someone else.

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Answered on 11/21/01, 5:10 pm


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