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PostPosted: Tue Nov 06, 2007 5:09 pm 
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I've been searching for days for an answer to my question. I have downloaded (purchased) several tracks from iTunes (just music; no graphics) and I want to burn a custom CD to take to nursing homes and perform for residents as community service--no pay.

If you buy a CD-G, it is not legal to burn a copy to use, right? But what about downloaded music in which no CD was ever purchased? Am I forever banned from burning the music to a CD? It seems like there is no clarity on this issue, and I hate to take a chance then get busted. My local police department told me that because I am not charging to perform, and I am in a residential setting, it should be okay, but they aren't experts on the subject. I just want to be assured that I'm not breaking the law.

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PostPosted: Tue Nov 06, 2007 6:43 pm 
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Look, I'm no expert but I don't see what would be illegal here?  YOU bought the tracks, burn them on a blank cd that YOU bought and wishes to perform live?  Hey, what's wrong here??? Don't make copies and try to sell it after, it's YOUR cd!


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PostPosted: Wed Nov 07, 2007 1:30 am 
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Technically it would be considered illegal as in such that it could be considered a commercial environment & the downloads are only technically legal for personal use, but chances are in the circumstance, you would be fine.

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PostPosted: Wed Nov 07, 2007 5:11 am 
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Is a nursing home considered a public, or private setting ?  Just curious

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PostPosted: Wed Nov 07, 2007 6:36 am 
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I thought all nursing homes were private property and were subsidized by the state...?

...except for the state-run Looney Bins at the hospitals. I might be wrong...

I also used to donate my kj services to a senior home during the holidays. I was able to write-off my time, although donated to them, on my taxes.


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PostPosted: Wed Nov 07, 2007 7:57 am 
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you purchased and legally downloaded some tracks off Itunes ? If I'm right you should look at their "rules" and you should be allowed  to burn to disc.

You want to take a few songs on a disc and entertain some seniors for NO PAY and you are worried about getting "busted"  :hug:  That is so innocent it makes me smile  :)


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PostPosted: Wed Nov 07, 2007 8:40 am 
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I would imagine that I tunes believes it to be legal.

It would seem that format shifting of music only files is legal for personal use and not for sale is legal. It is also illegal to give away/download copies.

Format shifting of movies and multimedia is not legal (at least according to some interpretations).

Karaoke is in a grey area closer to movies than pure music so many believe that format shifting is not legal. Others belive that the regulations covering music are the same for karaoke. That debate however has not been legally answered in a trial to my knowledge yet.

Nursing homes generally are privately owned with a few exceptions, they are regulated but not in general subsidized by the state except to the extent most of the residents are on social security. Many are not for profit, but that is not exactly a state subsidy. They are in general similar to hospitals in that respect.

The question also remains if a nursing home is a residence, and therefore considered a private location for performance purposes (ie like performing in an appartment complex) or a business.

In any case the music industry will not seriously consider legal action against someone who was playing music in a nursing home only on the basis of format shifting. The music industry is a business and they realize that hitting a charity is nothing but bad press.


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PostPosted: Wed Nov 07, 2007 10:37 am 
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Thanks for all the advice, everyone!  I just like to know that I'm playing by the rules. I'll contact the facility that I promised to entertain first and ask if they are private.


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