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COPYING, DOWNLOADING, LEGAL OR ILLEGAL?
Many still believe that copying CDs or downloading music for free from the Internet is without consequences. They are wrong!
This music has a cost for the authors, composers, performers, producers, in short, all those who have invested talent, time, or money in it.
If music is free, who will pay their salaries? How can an author continue to write, a composer survive to compose? How can a musician afford their instruments, a studio pay its sound engineer, a record company or an artist pay for the recording studio?
Yet, if we are willing to buy a computer, an MP3 player, or pay for an internet service provider, why shouldn't we also pay those who create music, under the pretext for example that the songs are intended for the church?
Copying without permission, beyond the exception for private copies (see question 3 below), is illegal. On a large scale, record pirates are part of the same networks as arms and drug traffickers. On an individual level, at home, behind your computer or your burner, you are certainly not a criminal, but that doesn't stop the justice system from starting to take this issue very seriously.
10 QUESTIONS / 10 ANSWERS 1. How can I know if what I'm doing is legal or not?
According to applicable law in France and in 150 other countries, except for exceptions (see question 3 below), it is illegal to copy music, translate it, broadcast it on the radio or make it available on the Internet without having obtained permission.
2. Do I have the right to copy music to give away, especially if I'm not making money from it?
No. Using works, even for free, does not exempt you from obtaining the necessary permission beforehand.
3. Are we allowed to make copies for private use?
Yes. In France, the law recognizes this exception. But be careful, it only applies to copies made by a person for their strictly personal use. This means that once the copy is made, it cannot be given away, let alone sold. Copying a disc to give to a friend is prohibited.
Beware! Sharing protected files on the Internet is not part of this private copy exception as it allows millions of people to access your music. It is therefore not private copying, but rather public availability.
4. How can I know if there are rights on a piece of music?
All musical works and their recordings are protected by rights, unless the authors/composers have been deceased for more than 70 years and the concerned recording is over 50 years old. There are therefore very few "royalty-free" titles today, much fewer than certain websites may suggest.
5. If I bought a CD in a store, in my church, or on a website, can I do whatever I want with it?
The disc belongs to you, not the works contained on it. Of course, you can listen to it as many times as you want in your private circle. You can lend it, resell it, and even make a copy for your strictly personal use, but you do not have the right to copy it to benefit your friends, whether on CD-R or in mp3.
6. What happens if I do not comply with the law?
People who share their music on the Internet, in violation of current laws, act like thieves and expose themselves to legal action. The law is strict. It provides for fines of up to 300,000 euros and 3 years in prison.
7. Are there rights on all titles, even those that are no longer available commercially?
Generally yes. Whether a disc is available commercially or not makes no difference. See question 4 for "royalty-free" titles
8. What if I download just a few titles to see if I want to buy the album?
Perfect, if you have obtained permission to do so! Some websites allow you not to download, but to listen to song excerpts. This is particularly the case with online record stores, like sephoramusic.com, and for this, these sites pay royalties to the rights holders. But there is no text that authorizes you to download for free before buying.
9. Is file sharing illegal?
Yes, if the file in question reproduces works protected by rights. Unless the rights holders of a song wish for it to be exchanged on a peer-to-peer system. But most refuse to do this because they find that this type of free service harms them, as well as the entire music sector.
10. If I download music from a website in a foreign country, are the laws different?
French law applies as long as the internet user resides in France. So it makes no difference if you download from sites based abroad: it is prohibited.
To read the full texts and find more information on these questions, connect to www.promusicfrance.com or:
For intellectual property:
- WIPO
https://www.wipo.int/portal/en/index.html For copyright:
- Sacem [http]www.sacem.fr.
- Unesco portal.unesco.org.
For the collective management of copyright and neighboring rights:
- WIPO [http]www.wipo.org.
For the rights of phonographic producers:
- SPPF: [http]www.sppf.com.
- SCPP: [http]www.scpp.fr/.
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