US Introduces New Copyright Exemptions
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Q&As on copying MP3s, CDs, casettes & records
This information is for general guidance only; it is not legal advice.
First read:
copyright basics webpage
- space-shifting music for private use webpage
- Music: copying MP3s, CDs, & audio-cassettes information sheet
| question | date | answer | more | QA |
|---|---|---|---|---|
| Can I copy my vinyl record collection onto CD format? | 19/11/2007 | Yes, provided each record is non-infringing and each copy is to play on a device – such as a CD player or a computer – that you own. | QA0490 | |
| Can I copy music from my CDs to listen to on my MP3 player? | 19/11/2007 | Yes, provided each CD is non-infringing and you own the CDs and the player. If the process requires copying the music onto a computer, you must own the computer too. | QA0491 | |
| Can I listen to the copies outside my home? | 19/11/2007 | Yes. You can watch or listen to the recording at home, or you watch or listen to it privately outside the home (for example, on a portable device such as an iPod). | QA0492 | |
| Can I lend copies I have made to my friends? | 19/11/2007 | No, unless they are part of your household. You may only lend copies you have made to your family and to people you live with. | QA0493 | |
| Can I make an extra copy of a CD to give to my brothers and sisters? | 19/11/2007 | No. You can only make a copy for you to play on a device that you own. You can lend, but not give, a copy you have made to your family and to people you live with. | QA0494 | |
| Can I lend the copies I have made to the community broadcaster I volunteer for? | 19/11/2007 | The "space-shift" exception does not allow you to lend copies you have made for private use to a community broadcaster. | QA0497 | |
| What happens if I infringe copyright? | 19/11/2007 | If you use copyright material in any of the ways reserved to the copyright owner without permission, you will infringe copyright, unless copyright has expired or unless you stay within the boundaries of an exception, such as the personal use exception discussed in this information sheet. If you infringe copyright, the copyright owner is entitled to take legal action against you. For example, record companies in America, Europe and Canada have commenced proceedings against individuals for illegally swapping music online. In Australia, several music companies commenced proceedings against three Australian universities for access to data stored on the university computer networks which may contain evidence of copyright infringement by staff and students. In some cases – such as where someone has distributed infringing copies widely (for example by uploading them to an internet site) or has made them commercially available – criminal penalties may apply. For example, in November 2003, two university students from Sydney were given suspended jail sentences and ordered to complete community service for creating and operating a digital music website which allowed users to download thousands of songs for free without permission from the copyright owners. | Infringement | QA0498 |