Is downloading unobtainable music illegal - Club CDFreaks

TimG · 04-12-2003

Particular problem -

Trying to get Ellen Foley - Night Out - either on vinyl, CD or even tape. Cannot be got anywhere - record company has deleted. If I download am I then performing an illegal act, and if so who has incurred a loss as a result? Not the record company, not Ellen Foley, not the musicians

Must be legal then

(incidentally, even then can't find a copy anywhere to download, just a couple of the tracks - any help anyone?)

**Da_Taxman** · 05-12-2003

Downloading music to whcih you do not have the copyright is illegal (and thus help on that cannot be requested here on this forum).

But, when the song no longer has a copyright (which I doubt), it is free to download and thus free to discuss here.

Whether it is illegal or not is not a matter of someone losing income over it, it is a matter of law, copyright law...

**philamber** · 05-12-2003

Under the copyright laws of most countries, copyright lasts for 60 years after the author's death so I don't doubt that the music you're looking for is still subject to copyright.

Of course, if no-one has any commercial interest in it any longer, query whether anyone would bother to sue/prosecute over the issue. Nevertheless, it does remain illegal.

*BadReligionPR* · 06-12-2003

Exactly how hard did you search? Looks to me like you could get it for $5, auction ends in only 7 hours.

http://cgi.ebay.com/ws/eBayISAPI.dll...&category=1593

Other auctions:
http://cgi.ebay.com/ws/eBayISAPI.dll...&category=1598
http://cgi.ebay.com/ws/eBayISAPI.dll...&category=1592
http://cgi.ebay.com/ws/eBayISAPI.dll...&category=1055

TimG · 09-12-2003

Yeah, true, I missed E-Bay somehow (!!!) Anyway, not just $5 (for vinyl), but add $8 for postage to UK, plus no guarantees (neeed even more with vinyl shipping). Note that CD on E-Bay is $85 (!) minimum. Nothing in it for the artist.

Thought the legal position was as stated. Shame but there it goes.

Album is out there on MP3 downloadable - just needed to look a little harder - BadReligion gave the incentive by pointing out E-Bay missed - thanks - all down to you.

*Mr. Belvedere* · 11-12-2003

I would contact the record company directly. I have done the same for various other music cd's , such as Pump Up The Volume Soundtrack and some really old Run DMC CD.

kotti · 13-12-2003

Where I live in it's not illegal to download music that has copyrights but sharing it is.

**Dee-ehn** · 14-12-2003

Quote:

Originally posted by kotti
Where I live in it's not illegal to download music that has copyrights but sharing it is.

Canada I presume?

kotti · 14-12-2003

No, Finland. I think it's the same in all the Nordic countries.

04-12-2003	#1 (permalink)
TimG CD Freaks Rookie Join Date: Feb 2003 Location: England Posts: 32	Is downloading unobtainable music illegal <a href='http://adstats.cdfreaks.com/www/delivery/ck.php?n=a13febf7&cb=INSERT_RANDOM_NUMBER_HERE' target='_blank'><img src='http://adstats.cdfreaks.com/www/delivery/avw.php?zoneid=30&cb=INSERT_RANDOM_NUMBER_HERE&n=a13febf7' border='0' alt='' /></a> Particular problem - Trying to get Ellen Foley - Night Out - either on vinyl, CD or even tape. Cannot be got anywhere - record company has deleted. If I download am I then performing an illegal act, and if so who has incurred a loss as a result? Not the record company, not Ellen Foley, not the musicians Must be legal then (incidentally, even then can't find a copy anywhere to download, just a couple of the tracks - any help anyone?) __________________ Laws are for the obedience of fools and the guidance of Wise men

05-12-2003	#2 (permalink)
Da_Taxman Senior (non-technical) Admin Join Date: Mar 2000 Location: Eindhoven, The Netherlands Posts: 13,434	Downloading music to whcih you do not have the copyright is illegal (and thus help on that cannot be requested here on this forum). But, when the song no longer has a copyright (which I doubt), it is free to download and thus free to discuss here. Whether it is illegal or not is not a matter of someone losing income over it, it is a matter of law, copyright law... __________________ By registering to our forum you accepted our rules and policies (Dutch), so respect CD Freaks by respecting these rules and policies; Please read these helpful tips and links for all (newbies and oldtimers) Please describe your problem as clear as possible in your topic title, so that others can see what it is about and are more inclined to help if it is something they know something about; I do not provide technical support over E-mail or Private Message (emails with such requests will be bounced); Please post your questions as clear as possible, so others can help you get a correct answer sooner; Please use our search, you might get an answer to your question sooner that way; For any forum related issues you can contact me through PM; I don't dislike newbies, just lazy people who expect others to do their work for them.

05-12-2003	#3 (permalink)
philamber Legal Senior Admin Join Date: Jun 2002 Location: True Blue Posts: 6,736	Under the copyright laws of most countries, copyright lasts for 60 years after the author's death so I don't doubt that the music you're looking for is still subject to copyright. Of course, if no-one has any commercial interest in it any longer, query whether anyone would bother to sue/prosecute over the issue. Nevertheless, it does remain illegal. __________________ ¿?¤»~Hôw Çåñ ï mï§§ ¥ôü ïf ¥ôü wôñ'± gô åwå¥~»¤¿?

06-12-2003	#4 (permalink)
BadReligionPR Retired Moderator Join Date: Jun 2002 Location: CT USA Posts: 1,186	Exactly how hard did you search? Looks to me like you could get it for $5, auction ends in only 7 hours. http://cgi.ebay.com/ws/eBayISAPI.dll...&category=1593 Other auctions: http://cgi.ebay.com/ws/eBayISAPI.dll...&category=1598 http://cgi.ebay.com/ws/eBayISAPI.dll...&category=1592 http://cgi.ebay.com/ws/eBayISAPI.dll...&category=1055 __________________ BRPR Pumping Iron & Sweating Steel (for 30 years) - Joe Grushecky And The Iron City Houserockers - "Labels come and go. The music remains. Music companies are generally the enemy of the musician." Junior's Bar where the band is playing, just for me. They play real loud, they move the crowd, It's a poor boy's symphony. Junior's Bar, until they kill the neon lights, I hope I don't go home alone tonight. Iron City Sampler Free Peltier

09-12-2003	#5 (permalink)
TimG CD Freaks Rookie Join Date: Feb 2003 Location: England Posts: 32	Yeah, true, I missed E-Bay somehow (!!!) Anyway, not just $5 (for vinyl), but add $8 for postage to UK, plus no guarantees (neeed even more with vinyl shipping). Note that CD on E-Bay is $85 (!) minimum. Nothing in it for the artist. Thought the legal position was as stated. Shame but there it goes. Album is out there on MP3 downloadable - just needed to look a little harder - BadReligion gave the incentive by pointing out E-Bay missed - thanks - all down to you. __________________ Laws are for the obedience of fools and the guidance of Wise men

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11-12-2003	#6 (permalink)
Mr. Belvedere CDFreaks Resident Join Date: Jun 2001 Location: Cthulhu Ninja Zombie Posts: 14,666	I would contact the record company directly. I have done the same for various other music cd's , such as Pump Up The Volume Soundtrack and some really old Run DMC CD. __________________ I might be evil. Want to make dvd movie backups? Take the 5-step or the 2-step process. Fun, fast and free!

13-12-2003	#7 (permalink)
kotti New on Forum Join Date: Dec 2003 Posts: 13	Where I live in it's not illegal to download music that has copyrights but sharing it is.

14-12-2003	#9 (permalink)
kotti New on Forum Join Date: Dec 2003 Posts: 13	No, Finland. I think it's the same in all the Nordic countries.

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