Tuesday, May 25, 2004

Copyright Rant

"In the Era of Cheap DVD's, Anyone can be a Producer" (NYTimes, 2004 May 20). This particular article highlights the legal production of DVD's; original content--such as independent movies and videos--being recorded and distributed by the copyright holder.

Unfortunately, due to the ease of recording CD's, it is tempting to record custom CD's to distribute as a keepsake of an event. But as prom organizers at Chippewa Falls High School, WI discoverd, this raises copyright questions(USA Today, 2004 May 14).

I was at a bridal shower last night. One of the CD's played was a compilation CD that was received as a favor at a wedding. A quick search of Google for "custom wedding CD." The top two sites were both selling customized labels for wedding memorabilia, including CD's. Myweddinglabels.com at least suggests that the CD be "personalized with your words, photo or art, and filled with beautiful moments and songs." While linking to legal music download sites, it doesn't make any note of copyright issues pertaining to distributing copyrighted work. CDbyME assumes that you are going to fill your CD with your favorite songs downloaded from the web or copied from other CD's without a suggestion that there might be any legal issues with this idea.

Indiana University's Copyright Quick Guide summarizes the issue well:

Copyright Owners Hold the Fundamental Rights
Rights of Owners: (1) reproduction of the work; (2) distribution of copies of the work; (3) making of “derivative” works; (4) public performance; and (5) public display.

Infringement: Occurs when someone other than the copyright owner exercises any of these rights.

Possible Infringements: Photocopying; uploading to websites; copying software; sharing MP3 files; musical performances; public film exhibitions.(emphasis added)


Can copying music onto CD's to be handed to dozens or hundreds of wedding guests or prom attendees be anything but "distribution of copies of the work?" When the only legal way to get a copy of something is to pay for it, does it not occur to people that giving away copies may be a violation of law? Do people not know? Do people not care? Or do people not think?

But then can I really be surprised when it's so simple to put all your favorite songs on one CD? If you do it for yourself, why not for your sister, for your best friend, for your closest 100 friends...?

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