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MP3 player album pictures for song

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Cherbil

Junior Member
What is the name of your state (only U.S. law)? California

Hi, this is my first post here, but I've had this question for a while. I own an MP3 player that is capable of recording FM radio. I've recorded quite a few songs, and have used an editing software to label them with the proper song title, artist, album, etc. While it helps with the ease of finding a song I'm looking for, my main reason for doing this was because I was trying to give proper credit to the artist and not break any copyright laws.

When I connect my MP3 player to the computer and open Windows Media Player, I have the option of synching my music, and the option of adding the album pictures for my songs onto the music on my MP3 player. I would like to do this.

My question is, since I obtained the songs legally but did not purchase them, can I legally put the album pictures on my MP3 player without paying, or would this constitute theft or a breach of copyright? I'm a stickler for not breaking the law, so this is an important thing for me.What is the name of your state (only U.S. law)?
 


racer72

Senior Member
and not break any copyright laws.
Yes you did.


My question is, since I obtained the songs legally
No you didn't. Copying songs off the radio is the same as illegally downloading them. The question you have to ask yourself now, since you already have illegal music, is it going to make any difference if you add a picture of the album cover? Your odds of getting caught are slim and none, knock yourself out.

Also, please don't make an wasted argument the recorded songs are legal, a good buddy of mine is the program director of a major FM station. He wades through many documents from the FCC and RIAA ensuring the station is complying with the laws concerning recording of songs off the radio. They are sometimes required to put measures in place to discourage recording such as talk over, random sounds during play and background noise that most don't hear. Recording something to listen to one time later is fine, recording something to play over and over (thus avoiding legally buying the music) is not legal.
 

Cherbil

Junior Member
Well, your response sure was rude and snarky ! :)

I already asked about whether recording off the radio was legal on another site. The consensus was that it was legal, so unless you can explain why I should trust you over them, I'll take their word over yours.

Recording one copy off the radio (or off television) for personal, private use is legal. It's the same concept behind TiVo.

So, that's not the question. The question is about the album cover art.
 

racer72

Senior Member
Well, your response sure was rude and snarky ! :)

I already asked about whether recording off the radio was legal on another site. The consensus was that it was legal, so unless you can explain why I should trust you over them, I'll take their word over yours.

Recording one copy off the radio (or off television) for personal, private use is legal. It's the same concept behind TiVo.

So, that's not the question. The question is about the album cover art.
If those so called experts know so much, ask them. I am telling you what I know from someone that has spent over 30 years in the radio business. Also, your Tivo reference is the same as recording off the radio, it is legal to record something to be viewed at a later time once. Not multiple times.
 

Cherbil

Junior Member
While I appreciate a reply to my question, racer72, please don't respond again to this thread. I would rather read what some other member's opinion on the matter is.
 

tranquility

Senior Member
While I understand the corporate desire of those who supply media to the radio, I disagree with what has been written here so far.

That's not to say I agree with the OP as the additional content and editing is a problem, but I thought it pretty much settled that we could record things over the air for private in-home use. Or, as the Audio Home Recording Act might say,
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.
 

Cherbil

Junior Member
I agree with racer72. Am I banished from your world too?
Not for agreeing with racer72. If you're a jerk--which is what I assume you are by calling me Prosperpina--then yes, please leave this thread. I really don't understand people like you who: a) seek to involve himself in other people's arguments, and then b) defend those who obviously were rude when totally unprovoked.

And for a forum about legal advice, should I charge you with libel? My username is not Prosperpina, and I never wrote that quote you ascribe to me.

You call me condescending for trying to be polite to racer72, while still saying I don't want verbal abuse and since he is not offering me anything new there's no point in his continued posting here except to deliberately try to bully/aggravate me? What, would you rather I be rude in return and say SHOVE OFF?!!!! People like you make no sense. Karma: he was an @ss to me, don't complain when I ask him to stop.
 

tranquility

Senior Member
And for a forum about legal advice, should I charge you with libel? My username is not Prosperpina, and I never wrote that quote you ascribe to me.
It's a quote. Not directed at you specifically.

However, since you can't seem to control yourself, I'm done. Good luck with your question.
 

Cherbil

Junior Member
It's a quote. Not directed at you specifically.

However, since you can't seem to control yourself, I'm done. Good luck with your question.
Thanks. I appreciated your first comment. I don't know what I've done to earn YOUR ire now. I thought I was controlling myself. I didn't like the way racer72 was treating me, nor the way stevef did. I'd consider myself to be more than in the right for gently asking them to lay off.
 

The Occultist

Senior Member
Not for agreeing with racer72. If you're a jerk--which is what I assume you are by calling me Prosperpina--then yes, please leave this thread. I really don't understand people like you who: a) seek to involve himself in other people's arguments, and then b) defend those who obviously were rude when totally unprovoked.

And for a forum about legal advice, should I charge you with libel? My username is not Prosperpina, and I never wrote that quote you ascribe to me.

You call me condescending for trying to be polite to racer72, while still saying I don't want verbal abuse and since he is not offering me anything new there's no point in his continued posting here except to deliberately try to bully/aggravate me? What, would you rather I be rude in return and say SHOVE OFF?!!!! People like you make no sense. Karma: he was an @ss to me, don't complain when I ask him to stop.
You must be new to message boards. That is called a "signature", and that will appear at the bottom of ALL of his posts, until he changes his signature, at which point all of the bottom sections of his posts will be replaced with the new one.

Also, talking like that pretty much makes it so nobody here will help you. Sorry you allowed yourself to get so enraged by a couple anonymous people on the internet. Better luck next time.
 

quincy

Senior Member
Perhaps Cherbil can ask the other "trustworthy" site to reconcile their earlier consensus on the legality of downloading songs from the radio with the Court decision in BMG Music v Gonzalez, 430 F.3d 888 (7th Cir 2005), and with the Copyright Act's Section 107.

Hopefully Cherbil didn't piss all of them off with his rudeness like he did everyone here. ;) :D
 
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tranquility

Senior Member
I hate to play after I left, but, if:
I own an MP3 player that is capable of recording FM radio.
is considered to be one done by one of the covered methods, I don't think there is an infringement. The negotiated statute between stakeholders gave some money per unit and some protections for serial copying to the copyright holder's associations.

Audio Home Recording Act, 17 USC § 1008 (1992): ‘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 non-commercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings’.
The citation may or may not be appropriate as it envisions a "downloading" and not a reception over the airways.
 

Mass_Shyster

Senior Member
Perhaps Cherbil can ask the other "trustworthy" site to reconcile their earlier consensus on the legality of downloading songs from the radio with the Court decision in BMG Music v Gonzalez, 430 F.3d 888 (7th Cir 2005), and with the Copyright Act's Section 107.
Thanks for that citation. I hadn't seen anyone chased for downloading music before. Everything I had previously read was for sharing.
 

racer72

Senior Member
Thanks for that citation. I hadn't seen anyone chased for downloading music before. Everything I had previously read was for sharing.
A lot of folks are getting popped for illegally downloading movies, there have been some posts here about the DCMA complaints. Different folks monitering this kind of stuff and they have different agendas.
 

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