is recording streaming music legal

jasonz

jasonz

New Member
Is it? I listen to streaming music with streamtuner and record it with streamripper (on linux). Just wondering if it was legal to do this and burn it to a cd. Its no different that recording from radio and putting on a tape, right?
 
jasonz said:
Is it? I listen to streaming music with streamtuner and record it with streamripper (on linux). Just wondering if it was legal to do this and burn it to a cd. Its no different that recording from radio and putting on a tape, right?
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I would say it is legal. What's to stop someone recording a movie on TV?
 
I'm pretty sure it's not legal, but I don't know for sure. I mean some streams are configured so they are(or almost) impossible to download. If they disallow downloads, I can't see capturing a stream being legal.
 
Depends on copyright status

If the music is copyright protected and you have not paid specifically for the right to download it for your personal use (via itunes, etc) then it is not legal for you to capture and record it CD-R.

By the way, it is also technically illegal to record radio broadcasts onto cassette tapes, but it is so common these days to tape something off of radio or TV, most people don't even think about it.

Don't worry, though. I won't tell. ;)
 
It's not legal. Nor is recording something off TV as it happens. Having said that, the whole invention of VCR's, DVD and hard drive TV recorders etc, are there to undermine copyright as well. When it's for personal use, the authorities always turn a blind eye to it. Most people used to have a VCR (or still do). You can't exactly lock up everyone in the world for owning and using a piece of technology can you. But nor could they alter the law, as that would create holes in other copyright issues.
 
But, I sincerely doubt that the SS will come round to your house and make you eat the tape so they know you'll never do it again.
 
So long as you don't distribute it or sell or some how profit from it, go for it. Worse thing that will happen is that you will be told to stop. They can't sue you if you never made any money from it. Right?
 
The Disney vs Sony court case decision (aka The Betamax Case) ruled that it was indeed legal to copy broadcast television for one's own use and not for resale. Radio broadcasting, LPs, CDs without copy protection also were ruled to be legal to copy for one's own use. This is called the Fair Use provisions of copyright law. The Fair Use provisions do NOT apply to copy-protected content, such as DVDs or CDs with copy protection schemes, because what is illegal is circumventing the copy protection.

Streaming audio is considered similar to radio. If you have, say, Audacity running with the "Stereo Mix" or "Wave Out" input selected, and you're playing an audio stream, you'll be fine as long as you save it for your own use and do not sell it to anyone.

It is just like recording off the air on radio or TV.

Tom
 
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