mix on cassette tape

Is that illigel?

Homemade mixes have long been a part of pop music culture. For many music fans past their college years, the mere sight of a mix on cassette tape can be enough to bring back memories of old crushes and road trips. But now the cassette is on its deathbed, CD burners are standard equipment on many PC's and hard drives are loaded with digital music files ready for burning. This may be the golden age of the mix CD.

NY Times

I use to make a Mix CD for the car on road trips or just for fun. Is that illegel? I am not sure? I think personal use is fine. Not sure these days.

http://www.nytimes.com/2003/01/30/technology/circuits/30mixx.html?8ict
5,086 views 18 replies
Reply #1 Top
When cassette tapes [blanks] were introduced onto the market they had a royalty payment to 'help' appease the wrath of the recording companies.
So, in the case of a 'mix' for personal use, not public air-play it was considered 'OK'.

Technically, no similar mechanism is in place for CD 'mixes'...and various legal opinions argue that CD backups are 'OK' for critical operating programs, eg, your Photoshop CD, but that does NOT flow on to personal Music CDs, as they are not of the '$1000' replacement cost or whatever, and are as other comodities....break it, buy another.

Hope that helps...
Reply #2 Top
Actually Copy right law in Canada and the US permit "fair use of a copy right" courts have confirmed that it is legal to backup your music create mixes... it becomes illegal when you sell the rips, or even give them away. They must be for your use.

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Reply #3 Top
In the times artical, it said that CD's (CD-R's and CD-RW) also pay a percentage of profits to the music industy (of which was a surprise to me). I really seem to be confused on this one. It ois ok to have a mix tape, but a mix CD is illegal (I think ). I am not selling it. Back in the day I wouldn't think twice about lending it to someone. It seems wierd to tell somebody, "Hey I can't. It is illegel!" Although, I do say that for other things
Reply #4 Top
forgot to spell check
Reply #5 Top
Why do you think the VCR was held up for so long in the states when it in fact was created in the states?



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Reply #6 Top
Well damn, looks like I should be in BIG trouble.


I DJ and have made sooooo many mixed tapes/cds and gave them out. They are not aired or sold although I know I can get money for them.

The most I ask is for a blank cd becuase it becomes expensive and I can't keep up.

But what type of mixing are we talkin here? There are two different kinds of mixing. Everyone here is talkin about a bunch of songs thrown on a tape/cd. I'm talkin about blending music together whether it be hip hop, trance, tribal, drum n bass or r&B.

I can lean both ways but in my case you are never really getting the full song because it's mixed (DJ wise) and can be cut-off at different spots.

Now if you are distributing whole albums or different songs from various albums freely that's a different case. I don't think anything is wrong with personal use or mixing (DJ wise) a cd/tape and giving a few out.
Reply #7 Top
Urgh! Copyright law. As if anyone ever got busted for making their own CD. I do it all the time. And lend them to friends etc. Anyway, I think it's only technically illegal if you make a profit from it.

In my opinion, you should be able to make as many copies of any software or music you own for your own use, as long as you do not make any profits. And the whole idea of licencing software, not owning it is really quite ludicrous (sp?)!!!!!!!

I develop software, but I never include any such "licence". If I started doing software which I charge for, I would include some kind of agreement, but not like that....!!!
Reply #8 Top
I am DJ'ing also and did compilations (Best Of's) from my own bought CD's, because 1. I won't take 1.000+ CDs with me and 2. don't want the originals to be damaged in the club. I never felt that this was illegal and will never feel it. To me it is more and more a modern cyber witch-hunt the record labels and their associations do now.

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Reply #9 Top
Al Julez is breaking the law.
Splash...personal use actually means PERSONAL....giving it away is 'distribution' which is not 'personal'.

Profit has NOTHING to do with copyright.
Copyright is about rights of distribution of copy.
That is all.
Reply #10 Top
You know probably 70% or more of the world would get busted for this if they pushed it. If you look at it, that's alot of income for the economy. But alot of people would be defiantly be poorer.

So, what's the right way?

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Reply #11 Top
Copying any form of copyrighted CD/Tape/Video/DVD is legal so long as it's for personal use only, and you have an original copy of the material which you purchased.
Anything else is totally illegal.
Reply #12 Top
I hear what you're saying Jafo. But really, I'm at the bottom of the line when it comes to that.

In fact, there are labels who are for it. We're talking about selling it too. It's said they could boost sales, giving buzz on the streets. If I make a mixed tape/cd, it could promote tracks where if you liked it you would buy the album.

I get most music on vinyl before it comes out on cd. But I hear you that from a legal point of view, none of the tracks are licensed and we are the only ones making money off of it (if sold). It has had a positive impact on record sales though.

How many can go to a local store (not Tower Records, etc.) and buy a mix tape? Everyone can. Not every store, but most stores I go to buy records sell mix tapes. Both kinds. Just somebody who mixes them (usually another DJ), makes a cover and song list and sells them for $10-$15 a piece. They sell great too. I know lots of people who bought them and wound up buying multiple albums because they were feelin certain tracks.


When you go buy records or whatever c242, you know what I'm talkin about.


These places heard me before, knew I could sell my skills and offered me the chance.

It would be nice but I declined. It's not hard at all to find ripped whole and mixed albums either as I'm sure most here know.


Like Weaksid said, about 90% (probably more) of DJs would get busted for this. I mean, anyone here who knows a DJ would say, "hey, make me a tape".
Reply #13 Top
I was just refering to people. Like making MP3z then copying to a disk as a mix. For either yours or friend's use. You can even download mp3z off of sites. MP3.com you can even get the songs.

But like Al said. It's basically free advertisement for bands and companies. They love anything that is free that makes them more money.

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Reply #14 Top
Oh I know what you were refering to Weaksid. I was talkin about being busted.


To add what I was saying, there is a difference if the DJ's mixtape only contains mainstream Platinum-selling tracks. That is not benefiting the industry.


But what about stuff that's not so mainstream or Underground? A DJ spins it and puts it out there and those who might be feelin it will pick it up and increase sales.


Just sayin how I can go both ways.
Reply #15 Top
Al Julez in your case royalties must be paid to the copy right holders. In Canada if a business like a bar or even a dept. store plays music they must by law pay a royalty to S.O.C.A.N. a society setup to divey out royalties to Canadian artists. You can be sure that most places are not even aware that they need a license to play music in their business. (only if the customers hear the music tho.. not in an office environment... however it is not limited to just CD's radio counts as a royalty payment aswell.)

Obviously the US, Aus and others may have similar laws... or completely different.. I don't know.

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Reply #16 Top
Static...in Australia, if you play music as a 'atmosphere' in your shop, it is determined a 'public' broadcast and royalties are required.
It is deemed not the same as playing it in your own home and others coincidentally hear it.

What a DJ is doing, by 'mixing' or creating compilations is quite possibly a serious issue.
What if some 'bible-totin' religious band's music managed to be on the same compilation as a death-metal satanic style?
Yes, I know....quite fanciful, but a serious transgression of morals and ideology of both groups.
Not only would/could you be sued for breach of copyright, but also defamation or diminution of reputation and potential future lost earnings.

Giving away, and/or selling a compilation is a clear breach of copyright, not covered by 'fair-use'.
Creating them for private playing can be 'fair-use'....
Reply #17 Top
Giving away, and/or selling a compilation is a clear breach of copyright, not covered by 'fair-use'. Creating them for private playing can be 'fair-use'

I absolutely agree 100%

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Reply #18 Top

ahhh... this is where it gets sort of messy. I have read on this issue and it would seem that being a DJ is essentially illegal. I am not sure but I wonder if clubs pay royalties to the music industry for playing music?

In a sense, I know that DJ'ing helps all artists in many ways. Mostly because their music is getting played at parties, clubs and house parties as well as ceremonies.

I know a few DJ's and of course some popular ones who (because of their fame) pay royalties even though they are mixes.



SOooooooooooo, basically one of the things that make music such a power house is essentially illegal.


fascinating....