Is this legal????

[RedheadedGaResident]

The other day after I got finished downloading a couple of songs off of Itunes, my 16-year-old daughter ask me why I was doing that. Well duh? She went onto YouTube and picked a hit song and somehow, someway, downloaded and transferred it into my Itunes account. Now how she did it, that I couldn't tell you, but she did it. She said I can do that to just about any song I want. I ask at my job if they thought this was legal, and this one women told me yes, but I am still not sure.

 

[cornflake]

No, it's copyright infringement.

Well, unless there's a very specific argument to be made if it were like, a paid radio broadcast type thing that you then recorded for home use and etc. In general, no, it's basically theft.

 

[danceintherain]

It's not. It's kind of a hot button issue with people, because it's not a law that is strictly enforced. If you DO get caught it could result in huge fines and prison time. Most people don't get caught though.

Download at your own risk.

 

[bdoyledimou]

Actually, the answer depends on where you live.
In Canada -- yup that's (currently) legal. We pay a fac/levy on all blank record able media (including ipods) which go to the Canadian version of the RIAA (SOCAN). Of course SOCAN claims its still illegal, and that their funds are not high enough but

If you are in the US, then it is illegal on MANY grounds..
the first one being the tool/plugin your daughter used to get around the Youtube protection is a violation of the DMCA ban on digital lock picks.

Then there is content theft (not copywrite violation -- its only a copywrite violation if you share it) it is theft by downloading it.

Other countries have other laws .. ymmmv

 

[maggs1035]

Why would you come on this forum and announce that your daughter does this?

 

[danceintherain]

It's not illegal in South Korea where I live either, which is why we don't have access to things we can get access to in the States, like Netflix streaming and networks that put shows up online.
Granted, if we try to bring any pirated stuff back into the states, we can get in trouble for it.

 

[RedheadedGaResident]

Why would you come on this forum and announce that your daughter does this?

Well because I wanted an answer. Duh. I just had a gut feeling is was not allowed, but when I ask the 21-year-old at work, he did'nt have a clue what I was talking about. But the 40-year-old lady close by spoke up and told me yes it was fine since it was coming from You Tube. So it still had me confused. I have always gotten my music off of Itunes. I have no clue how to down load music illegally. Plus I have always heard if you do that, there is a chance you might get a computer virus too. But it just caught me off guard since the older lady told me it was fine since it was off You Tube. She knew exactly what I was talking about.

 

[RedheadedGaResident]

Actually, the answer depends on where you live.
In Canada -- yup that's (currently) legal. We pay a fac/levy on all blank record able media (including ipods) which go to the Canadian version of the RIAA (SOCAN). Of course SOCAN claims its still illegal, and that their funds are not high enough but

If you are in the US, then it is illegal on MANY grounds..
the first one being the tool/plugin your daughter used to get around the Youtube protection is a violation of the DMCA ban on digital lock picks.

Then there is content theft (not copywrite violation -- its only a copywrite violation if you share it) it is theft by downloading it.

Other countries have other laws .. ymmmv

Ok, what do you mean by a tool/plugin? I have no idea what you mean by that? Is it something internal on the computer, because she had absolutely no type of tool or plug in device when she did it right in front of me.

 

[NYEmomma]

Ok, what do you mean by a tool/plugin? I have no idea what you mean by that? Is it something internal on the computer, because she had absolutely no type of tool or plug in device when she did it right in front of me.

Your daughter has downloaded some type of program that will convert the music videos on youtube to mp3 so that you can put it on your ipod OR she's using software on a website to convert it to mp3. There's no button or anything that you can click on youtube that will let you save the music -- you have to use some type of program to do it, whether it's something you download and use yourself or something you use through another site.

 

[RedheadedGaResident]

Ok, I will check this out then. I had no idea how she did it even though she did it right in front of me. That lady that works near me really does think ots legal since it came from YouTube, but I know better than to even mention it to her though.

 

[NYEmomma]

Ok, I will check this out then. I had no idea how she did it even though she did it right in front of me. That lady that works near me really does think ots legal since it came from YouTube, but I know better than to even mention it to her though.

I consider myself fairly knowledgeable in the ways of music downloading, both legal & illegal... trust me, DEFINITELY not legal. But don't get yourself too upset/worried over it You DD's not the first to download music illegally & she's definitely not the last.

 

[Alexander]

Why would you come on this forum and announce that your daughter does this?

Well, she didn't exactly come on this forum and say, "Hey everyone my daughter is intentionally breaking the law." She came on here and asked if what her daughter was doing was legal because she had a feeling that it was and couldn't get confirmation one way or another other places.

 

[cornflake]

Ok, I will check this out then. I had no idea how she did it even though she did it right in front of me. That lady that works near me really does think ots legal since it came from YouTube, but I know better than to even mention it to her though.

There's plenty of illegal content on Youtube. The people/places/corps/etc. that own the content or rights to the content ask it to be removed when they see it but there are millions of people uploading illegal stuff.

Plus, even if it's there legally because the band, say, put it up themselves, doesn't give someone the right to download and keep it for their own use.

Why would you come on this forum and announce that your daughter does this?

It's not like she came on and asked about the legality of her daughter chopping up traveling salespeople and using them for stew. She thought it was hinky and thus came to ask, in order, presumably, to tell her daughter to not do this anymore because it's illegal.

Yes, you can get in trouble. Yes, the RIAA has made a practice of going after people to make examples of them (mostly people who download in great quantity from p-2-p sites) but if they tried to nab every person who has ever illegally downloaded one song...

 

[bdoyledimou]

it is only legal on youtube, when it is ON YOUTUBE. as soon as you copy it to your pc, its no longer on youtube.

your daughter downloaded a program that allows you to right click on a youtube video and "send to" itunes is all -- three clicks. nothing to see really.

 

[zianha]

Download at your own risk.

^^ This ^^

Like someone else mentioned, some people get made examples of. My friend got a big shock when law enforcement contacted her after her daughter spent a few months illegally downloading music. It was something like 64 songs and they somehow "tracked" it to my friend's internet connection. They didn't realize it was illegal and the daughter was fined something like $30,000 and had to do community service to educate other teens that this is illegal.

 

[vicki_c]

It's not like she came on and asked about the legality of her daughter chopping up traveling salespeople and using them for stew.

Too funny!

 

[bdoyledimou]

It's not like she came on and asked about the legality of her daughter chopping up traveling salespeople and using them for stew.

But you would think so wouldn't you-- here is a (humorous, clean and interesting) look at the RIAA's argument

http://www.ted.com/talks/rob_reid_the_8_billion_ipod.html

 

[timmac]

Short answer: No, not legal, at all.
http://www.youtube.com/static?gl=US&template=terms
Section 4 makes it pretty clear.

There are a variety of fair-use provisions and corner cases that can come up here, but just downloading content onto your iPod definitely doesn't fit any of them.

 

[a1tinkfans]

No, it's copyright infringement.

Well, unless there's a very specific argument to be made if it were like, a paid radio broadcast type thing that you then recorded for home use and etc. In general, no, it's basically theft.

there is actually some guy (I forget specific details, you can google) but the thing is..he uploaded songs, not a huge number, He was sued, said he did not know it was illegal. He lost..
He appealed ...he lost on appeal ..
the VERDICT is in the HUNDREDS of THOUSANDS of dollars.

You will likely be contacted within the next three months that you INFRINGED and they will ask you to stop and will then say that IF they are asked, they WILL release your information by law and YOU can be held personally liable.
Have heard that one should NOT respond to the email nor even acknowledge it, DELETE everything you took and move on..lesson learned...SCARY stuff, BUT there are HUGE lawsuits out there so discuss that with your child as well....

 

[ilovemk76]

there is actually some guy (I forget specific details, you can google) but the thing is..he uploaded songs, not a huge number, He was sued, said he did not know it was illegal. He lost..
He appealed ...he lost on appeal ..
the VERDICT is in the HUNDREDS of THOUSANDS of dollars.

You will likely be contacted within the next three months that you INFRINGED and they will ask you to stop and will then say that IF they are asked, they WILL release your information by law and YOU can be held personally liable.
Have heard that one should NOT respond to the email nor even acknowledge it, DELETE everything you took and move on..lesson learned...SCARY stuff, BUT there are HUGE lawsuits out there so discuss that with your child as well....

She will just settle for pennies on the dollar.