When I was coming of age musically, cassettes were the most common media. Records were still big, but the ability to copy tapes, make “mix” tapes, and play music in your car made tapes the medium of choice for all but the musical purists. Cassettes were my first introduction into the world of piracy (arrrr!), though it certainly wasn’t called that at the time or even thought of as such. It was common practice to copy a tape, copy a record to a tape, or copy a custom collection of songs to tape and pass it around to your friends. It certainly didn’t curtail my buying of music. In fact it probably enhanced it because I was exposed to more music than I would be otherwise.
It only now become an issue of piracy for two reasons: The ability to make these copies is much easier, and there is no degradation of quality when the copy is made. So now we have an industry built around Digital Rights Management and the music industry is in a panic over the loss of revenue that a free distribution of music equates to. As someone who grew up in the age of cassettes though, I’m finding it hard to make this shift in perspective.
Most small artists are probably more than happy to have their music distributed around freely. It gives them the exposure they likely crave, and if 5% of those people buy it or go to a concert because of it, that’s 5% more money in their pockets than they would have had otherwise. On the other hand, big artists see it as theft. They already have the exposure, but any giving away of music is money out of their pockets.
So if I buy a CD and listen to it, that is legal of course.
If I buy a CD and listen to it with friends, that is legal.
If I buy a CD and loan it to a friend that is legal too.
I’m pretty comfortable with that.
Playing music at a party is ok, but playing music at a dance club is not (unless you have paid to license the songs to be played publicly). This is because you would be using the music to make money (cover charge) or enhance your ability to make money (drinks, etc.)
Reselling an old CD is ok, but copying it and selling the copy is not (I presume copying it and selling the original while keeping the copy would not be legal either).
So the real fuzzy area for me is copying and giving the copy to someone. No money has changed hands. You could technically say that when the CD and/or file was originally sold, only one copy was intended to exist, but that’s unrealistic with current technology. With I-tunes you can legally listen to anyone’s music collection as long as the two computers are both connected via a network somehow. But why should I be limited to listen to your collection only when logged on to my computer and only with the evil I-tunes? I personally like to listen to music in my car and pretty much nowhere else. If (and when) networking technology advances to the point where my car stereo is connected to the same web that your computer is connected to, what will the difference be between my being able to listen to you music collection whenever and from wherever I want vs. you giving me a file that I can listen at my convenience?
Sticky wicket eh? Because with that logic, one person could conceivably buy the CD and then everyone could just listen to it for free.