Burning CDs

[Landy77]

I have the collectors set of the Mormon Tabernacle Choir. I offered to burn a CD or two for the missionaries to listen to. I know burning is copyright infrengment but who hasn't burned a CD. Being it is MOTC and given to the missionaries I don't know if that sets a good example.

[Dravin]

The fact that it is MoTab isn't really pertinent, MoTab or Metallica the applicable laws and ethical/moral considerations for copying are the same.

[DigitalShadow]

Actually I'm not so sure that it is illegal. Selling a burned copy is most certainly illegal (counterfeiting), uploading a digital copy to other people is also illegal (this is what all the RIAA lawsuits have been about), but burning an extra copy of a CD you have legally purchased and even giving that CD away is a bit more murky legal territory.

It's up to you to decide whether it would be ethical or not, but from a legal standpoint it is unclear at best. I can also say that while legally it makes no difference whether it is MOTC or Metallica, there is a world a difference in potential consequences because the rights to Metallica are held by a major label who is associated with the RIAA and actively prosecutes, while the MOTC rights are held independently*, not by one of the major labels and I seriously can not imagine the church taking part in the RIAA shenanigans that are taking place.

*I know this because I work for a music distributor who works with the 4 major labels, and the only way we ended up acquiring the content for MOTC was through working with Deseret Book who also did not even require DRM (unlike all the labels at the time)

[Hemidakota]

I have the collectors set of the Mormon Tabernacle Choir. I offered to burn a CD or two for the missionaries to listen to. I know burning is copyright infrengment but who hasn't burned a CD. Being it is MOTC and given to the missionaries I don't know if that sets a good example.

They can receive it for free at the mission home. Have them talk to the zone leader

Edited June 2, 2010 by Hemidakota

[Wingnut]

They can receive it for free at the mIssion home. Have them talk to the zone leader

I'm pretty sure that probably varies from one mission to another.

[Hemidakota]

They need to ask... if not, I will send them the original pack. PM if this is the case.

Edited June 2, 2010 by Hemidakota

[Jenamarie]

If you give someone a burned copy of your CD, that means they no longer need to buy it, which means the artist(s) lose out on the proceeds of a sale

ETA: And ya, just giving them the original CD means they no longer need to buy it either, but the artist already got the proceeds from the sale of THAT particular CD. It's not like there's now two copies of their CD out there that they only got paid once for.

Edited June 2, 2010 by Jenamarie

[FunkyTown]

I know burning is copyright infrengment but who hasn't burned a CD.

*sheepishly raises a hand*

[Dravin]

*sheepishly raises a hand*

Now why did you have to go and ruin a perfectly good argumentum ad populum?

[gabelpa]

Copyright infringement is the civil crime of the age we find ourselves in. It is rampant, but does less damage than certain commercial lobbying entities would have us believe. Our Branch President has publicly said he would take away the Temple Reccomend from anyone should he find out they are involved in copyright infringement. Whether or not he is allowed to do this is another matter but, should we as LDS be infringing copyright? Not any more than anyone else should be, which is not at all.

[Jenamarie]

Copyright infringement is the civil crime of the age we find ourselves in. It is rampant, but does less damage than certain commercial lobbying entities would have us believe. Our Branch President has publicly said he would take away the Temple Reccomend from anyone should he find out they are involved in copyright infringement. Whether or not he is allowed to do this is another matter but, should we as LDS be infringing copyright? Not any more than anyone else should be, which is not at all.

I think removing someone's Temple Recommend for copyright infringment falls under the "Are you honest in your dealings with your fellow men?" clause.

[Blackmarch]

Copyright infringement is the civil crime of the age we find ourselves in. It is rampant, but does less damage than certain commercial lobbying entities would have us believe.

that depends. while the damage may be overstated, in some areas it's not by much... I've seen some great producers of various mediums go on to other things because of piracy/infringement.

While it may "not hurt" the big guys as much.. it does make it far more challenging for the smaller guys to be independant and stay profitable, or profitable enough to continue to produce whatever.

Our Branch President has publicly said he would take away the Temple Reccomend from anyone should he find out they are involved in copyright infringement. Whether or not he is allowed to do this is another matter but, should we as LDS be infringing copyright? Not any more than anyone else should be, which is not at all.

should we? no.

[gabelpa]

Piracy is a business risk in any medium that can be put into a digital format. It needs to be assessed and managed the same as any other business risk.

[Hemidakota]

I have the collectors set of the Mormon Tabernacle Choir. I offered to burn a CD or two for the missionaries to listen to. I know burning is copyright infrengment but who hasn't burned a CD. Being it is MOTC and given to the missionaries I don't know if that sets a good example.

Did you provide the missionaries an original church hymns cd pack? Perhaps, this would be a better option since it is provided by the church. If not, then contact me and I will take care of it.

Edited June 3, 2010 by Hemidakota

[Mahone]

If you give someone a burned copy of your CD, that means they no longer need to buy it, which means the artist(s) lose out on the proceeds of a sale

That's questionable. the person you are giving it to may never buy the CD if they aren't going to get it for free. So them getting a copied CD doesn't necessarily equate to one lost sale. It's also arguable that them getting a free copy of the CD will then encourage them to go and buy further music from the artist, which they wouldn't have considered prior to listening to the free copy.

I don't think sharing is a bad as the big companies are making it out to be. There needs to be a bit of compromise between the file sharers and companies. If the companies would spent more time talking to people to find out what they want, rather than just suing everyone, they might start getting somewhere.

Anyway, I guess the answer to the OP is whether it's legal to do so in the USA or not. Unfortunately I don't know as I don't live there.

[marshac]

I have the collectors set of the Mormon Tabernacle Choir. I offered to burn a CD or two for the missionaries to listen to. I know burning is copyright infrengment but who hasn't burned a CD. Being it is MOTC and given to the missionaries I don't know if that sets a good example.

It depends on how you're making the CD. If you actually have an audio CD duplicator, it would be OK- if you're using your PC, it would not be. It's a crazy world, but the bottom line is that royalties were paid for the CD duplicator that were not paid for the PC. It's spelled out in the Audio Home Recording Act, and the relevant section is this-

Subchapter D —Prohibition on Certain Infringement Actions, Remedies, and Arbitration

§ 1008. Prohibition on certain infringement actions

No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.

This is why mixed tapes distributed (not sold) among friends were perfectly legal.

[baver3]

Our Branch President has publicly said he would take away the Temple Reccomend from anyone should he find out they are involved in copyright infringement.

Wow.

I wouldnt want to touch that with a ten-foot pole.

[Carl62]

How far does everyone want to go with this. Is everyone aware that music that is played at a church dance or a wedding is also illegal because you're playing music in a public setting without the artist getting any compensation for it? We had an issue with this at the music store that I work at where some music was being played over a PA before a music clinician came on and the store manager told us that the music being played was illegal for the reasons I mentioned. Never knew that until then. Live and learn.

[Hemidakota]

Good post Carl. If it is for fundraising or profiteer a fee needs to be paid. Each time a DVD movie is shown, for the purpose of raising funds, the ward will go to the studios ask for permission and usually will have to pay a fee. This is not unheard of...

Songs played need to be reviewed for orignal CD content vice copied. If there is any fund raising, this need to be cleared through the artist or studios for royalties to paid. Even if it is a few cents per play but that does add up for the artist.

[Carl62]

Copyright infringement is the civil crime of the age we find ourselves in. It is rampant, but does less damage than certain commercial lobbying entities would have us believe. Our Branch President has publicly said he would take away the Temple Reccomend from anyone should he find out they are involved in copyright infringement.

Hmmm? Does this mean then that he would start with the people that help organize any branch activities where there's music being played?

[Snow]

The fact that it is MoTab isn't really pertinent, MoTab or Metallica the applicable laws and ethical/moral considerations for copying are the same.

... although - if you get caught burning Metallica CDs you can always claim diminished mental capacity.

[Landy77]

Wow, it seems like a small question turned into a big discussion. I don't know what missionaries get and don't get or what they can or can't do or listen to. I thought I was being nice and posted this as an after thought.

[pam]

... although - if you get caught burning Metallica CDs you can always claim diminished mental capacity.

The only burning of Metallica cds I'd be doing is the kind that requires a flame.

[Tamiele]

The only burning of Metallica cds I'd be doing is the kind that requires a flame.

ITA. Can we throw some Marilyn Manson into the pit as well??