Legal Question in Technology Law in Missouri
fees on blank CD/R & CDRW discs
I seem to remember that a law was enacted that allowed the makers of blank CD media to charge a fee that went to the recording industry that in turn passed the fees to composers and performers. The fees were to compensate for possible losses due to people copying music CDs for their own use.
Is this true? And what is the name of the law?
The reason I ask is because the recording industry is now quietly introducing protected CDs that cannot be copied. As I see it, this would be at least an ethical violation, if not a legal violation since users are already paying a fee to allow copying of CDs for their own use.
2 Answers from Attorneys
Re: fees on blank CD/R & CDRW discs
There is no such law that this copyright lawyer has ever heard of. There were proposals once, but they never were enacted into law.
You need to go to the label that made the CD you want to copy to get the license you seek.
There is no such ethical violation. The labels are entitled to seek to prevent copying by putting out specially coded CDs.
What is your source for this rumor you heard?
Re: fees on blank CD/R & CDRW discs
This is really a public policy question, rather than a request for advice on a real controversy. From reading various sources, I know that people have made precisely this argument already. Further arguments are that these copy-proofed CDs prevent purchasers from making their own back-up copies, as is their right. Various legislative remedies have been proposed. And, who knows, there may be some class action lawsuit filed that will be expected to give all members of the class a coupon for new CDs instead of refunding the media fee on their CDs, while the class lawyers net a few million....
Best wishes,
LDWG
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