Bring4th_Monica Wrote:Let's say I had planned to buy the new Harry Potter book. I fully intended for JK Rowling (and her publisher, the book store, and all the middlemen) to earn a profit from my purchase, and I was ok with that. Let's say JK Rowling's net profit from that single book was $2. (I have no idea how much she gets, but this is just for illustration purposes.)
But then you offered to loan me your copy. Now I don't need to buy the book. (Well I could if I wanted to display it on my bookshelf, but let's say I just wanted to know what happened to Lord Voldemort and didn't really care about owning the book.)
Did the action of you loaning the book to me rob JKR of $2? as well as $$ that would have gone to her publisher, Barnes&Noble, etc.?
Indeed it did!
How is this any different in the final result from you copying the latest Metallica cd for me, which I had planned to purchase but now no longer need to?
The printed materials (like books) versus music CDs dichotomy is similar to that of apples and oranges, isn't it? There is some comparison to be made, but the contrasts also must be considered.
I spoke with a librarian today: The loan or gift of printed materials from one individual to another is an anticipated possibility for those who are in the publishing business, and there are no copyright laws against it. Otherwise, used book and music stores would have much smaller selections on their shelves, being limited to out-of-print and other older materials. It is not legal to make copies of any copyrighted materials, including magazines and sheet music, beyond the exemptions stated as Fair Use, which I think is geared toward educators. There are similarities in the copyright laws for CDs; one may loan or give one's CD to a another person, but it's not legal to make copies for distribution (gift, loan or sales) purposes. I'm not clear as to whether it's legal to copy a CD as a backup for one that's already been purchased, to be kept as part of one's personal collection. It is legal to upload music from one's personal CD collection onto one's personal computer, but it's not legal to share those files with others.
Digital music (and other materials) available for sale online cannot legally be copied and distributed or downloaded by anyone without the permission of the artist.
Loaning or giving one's personal CD to a friend is not, legally speaking, the same thing as making a copy and giving that away, and so yes, there are subtleties; copyright laws differ between those for printed materials and those that cover digital materials.
Regarding libraries: Acquisition and loan functions of libraries are exceptions to the copyright laws. Still, if I go to the library, it's not legal for me to copy any materials there (again, beyond the scope of Fair Use); only to borrow them.
As for feeling deprived when one cannot afford to legally purchase these materials... I can't afford really nice steak, so does that justify my heading to the forest and poaching a deer? Or do I work with what I have and what I am able to obtain legally? Really nice steak would be ... really nice ... but it's not a necessity, and I personally don't see any justification for breaking the rules on that. (Or is this too 'apples and oranges'? hee)
plur