The legality of it all

Occasionally someone asks for a download link for a CD-R seen here, and I wind up quoting chapter and verse to explain why I didn’t. (Said chapter and verse can be found here.) But we used to swap tapes all the time, didn’t we?

Well, yes, we did, but that really was different:

[M]any of those analog mix tapes were covered by the safe harbor established in the Audio Home Recording Act of 1992 (“AHRA”), which barred infringement actions for private, noncommercial musical recordings. When it comes to digital mix tapes however, your computer isn’t an audio recording device covered by AHRA. [See RIAA v. Diamond, 180 F.3d 1072, 1078 (9th Cir. 1999).] More importantly, when a mix tape is posted on a blog for any and all to access and download, it isn’t a private use anymore, but a distribution to the public.

(Seen at Planet Kaua’i.)

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