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The Guardian - UK
The Guardian - UK
Technology
Jack Schofield

Are downloads legal if you own the vinyl?

I own various vinyl LPs and would like to have the music available digitally to listen to on my iPod. I could set up a system to transfer them to my hard drive from a turntable, but it would be a lot easier to just download the same tracks using P2P file sharing. As I own the tracks anyway, and would only be making the copies for my personal use, would this second option be illegal? David Fardon

IANAL (I am not a lawyer), so anyone with a legal background is welcome to comment. However, as far as I can see, it's probably illegal everywhere. Whoever uploaded the music from the original CD has broken the copyright, unless they have permission to redistribute the content. It can't be legal to download an illegal copy, even if you have the right to make your own copy.

If you could get a jury trial, the "I own the vinyl" argument might appeal, but I wouldn't expect a British judge to show any sympathy. Does anyone know of any UK case law?

The What's the Download campaign has a FAQ that seems to put the US music industry position pretty well....

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