Is Downloading Free MP3 Songs Illegal?

I have downloaded 6 of these free MP3 songs over the past few months, but my Dad just told me he was not sure if this is legal. Can someone please tell me if it is legal or not?
 
Depends where you downloaded them from. If they're free songs off legal pages, such as last.fm or other sites where the artist has lincensed said website to freely distribute their songs, then it's legal.

If you used a P2P service such as Ares, eMule, Torrent or Rapidshare, there's a gray line with them, but they often are illegal.
 
I have downloaded 6 of these free MP3 songs over the past few months, but my Dad just told me he was not sure if this is legal. Can someone please tell me if it is legal or not?

IF they are indeed free, as free in the small print says Free, and not free as in DL'ed with uTorrent, then they are free...

Stone Temple Pilots released 6 acoustic songs, as a free DL from their homepage - Yes - free..

Which band released their latest album for free - You _could_ pay, if you wanted to - You yourself had to put in the price at the counter - But it accepted 0.00 - so another freebie..

But yes - If the small print says yes, and you're not on some obscure Russian website, chances are they are indeed free...
 
Which band released their latest album for free - You _could_ pay, if you wanted to - You yourself had to put in the price at the counter - But it accepted 0.00 - so another freebie..

Radiohead - In Rainbows
 
Still waiting for some proper mainstream major artists to release free stuff... like U2 for example!

Robin
 
As Diego said, there's a gray line between certain sites. As I've understood it from online articles debating the downloading of MP3's, it's only legal in the fact the songs are for your pleasure only. However, many also stated, that it can be illegal in some cases if you are to give them out to others, or even if you download an album's entire playlist instead of 1-2 songs.
 
Is Downloading Free MP3 Songs Illegal?

It depends who is calling it 'free.' If it is from an authorized source with the label's knowledge, then no. Think band websites, MySpace, and iTunes. If you're downloading it from a music blog whose author uploaded it to RapidShare, it is not with the label's consent and is thus stealing. It would help if you said the origin of the files.
 
Radiohead - In Rainbows

But its crappy quality and expect you to pay full for the proper version. NIN is doing the same thing.

The record industry is digging its own grave and nailing together its own coffin. There are some surprisingly convincing essays written about the failure of the record industry in the late nineties, which are now being backed by fairly major admissions by top record company execs.
 
Depends where you downloaded them from. If they're free songs off legal pages, such as last.fm or other sites where the artist has lincensed said website to freely distribute their songs, then it's legal.

If you used a P2P service such as Ares, eMule, Torrent or Rapidshare, there's a gray line with them, but they often are illegal.
^^^ What he said.

If you have a voucher for free downloads from a commercial site, or if the band in question is giving away freebies - most indie bands do, either via their own websites or various social sites - then it's perfectly legal. The problems arise when you get into people ripping and hosting stuff they don't have the rights to.
 
Downloading MP3's is only illegal, if you get caught. lol

Anyway, yes 90% of MP3's are not legally obtained. But in some countries it is not a crime, and most of those same countries hacking, cracking, and even creating a Virus or spyware is all okay.
 
^^^ What he said.

If you have a voucher for free downloads from a commercial site, or if the band in question is giving away freebies - most indie bands do, either via their own websites or various social sites - then it's perfectly legal. The problems arise when you get into people ripping and hosting stuff they don't have the rights to.

Why don't sites like Bearshare, Ares, and Kazza then get into a mess of trouble then? It can't be that difficult to go after them can it? I can understand not going after each individual downloader of ripped music, but why not take the site down for sponsoring such activity?
 
Why don't sites like Bearshare, Ares, and Kazza then get into a mess of trouble then? It can't be that difficult to go after them can it? I can understand not going after each individual downloader of ripped music, but why not take the site down for sponsoring such activity?

They're probably in a country where it isn't illegal.
 
Why don't sites like Bearshare, Ares, and Kazza then get into a mess of trouble then?

Because they’re not ripping any music, they’re just supplying an application that happens to be used for illegal file transfer.

And believe me, music companies have tried to go after them.
 
Correct. Things like Limewire, Kazaa, etc can be used for legal transfers. I can put my own created music, movies, pictures, documents in my shared folder which aren't copyright bound and share them over the internet.

It's kinda like banning cars because they have the ability to exceed the speed limit, when it is solely up to the person using the car whether they break the law or not.
 
Kazaa End User Licence Agreement
2. What You Can't Do Under This license

You agree not to use the Software to:

2.1 Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2.2 Harm minors in any way;

2.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

2.4 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;

2.5 Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements);

2.6 Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;


2.7 Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

2.8 Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

2.9 Interfere with or disrupt the Software;

2.10 Intentionally or unintentionally violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Software, and any export or re-export laws, rules and regulations;

2.11 Collect any information or communication about the users of the Software by monitoring, interdicting or intercepting any process of or communication initiated by the Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;

2.12 "Stalk" or otherwise harass another;

2.13 Modify, delete or damage any information contained on the personal computer of any Kazaa user;

2.14 Collect or store personal data or other information about other users;

2.15 Intentionally make available “spoofed” files or data, or files or data with any type of information designed to misidentify the actual content of a file or which is intended to mislead the recipient of the file;

2.16 Utilize the Software for any non-personal or commercial purpose or for the benefit of any third party or charge any person for the use or distribution of the Software;

2.17 Remove any proprietary notices from the Software; or

2.18 Take any steps to interfere with or in any manner compromise any of Sharman's security measures with respect to the Software or any data or file transmitted, processed or stored on or through the Software.
http://www.kazaa.com/us/eula.htm

Most (if not all) p2p software comes with a similar EULA, and most of them now have built in filters so that they only show files that are verified legal. Of course you can turn these filters off, and ignore the EULAs, but then you are running the risk of getting into some serious doodoo.
 
The P2P softwares know full well it's for illegal activity they just use the "above" to shift responsibility to the user...
 
Not only is a lot of downloading illegal, getting the music, chord progressions off of some Tab sites where the actual music is part of the Tab, is not legal.
It is only "legal" if you get it from a site where it has been sussed out by some musically gifted individual that has figured out the progression and posted it. Even that is kind of a grey area.
My favorite site, took down all the music, but left all the lessons up.
 
The P2P softwares know full well it's for illegal activity they just use the "above" to shift responsibility to the user...

Thats the whole point...
 
Well like everyone just said, there is a fine line between whats legal and whats not. Download at your own risk!

About this topic, isn't this a breach of the AUP? I thought we can't discuss, distribute or even mentioned anything which have to do with a P2P topic? :confused: Shame on you Duke! :nervous:
Or maybe i didn't read this fine line in the AUP or maybe i'm just plain dumb :dunce:
 
No, it's not a breach of the AUP, because no one is discussing where to obtain - or where they've hosted - illegally pirated material.
 
Many websites and P2P programs play the lie of "these are backups of your originals", being something like if you have an album already, but you are acquiring the whole album in mp3 form as a backup of it.

Some even go as far as claiming that LPs, CDs and Cassette Tapes are collectible goods and that the sole fact of putting them in the player will damage them, thus, they provide the ripped songs in mp3 form so you don't have to damage your stuff.

From a personal view, I say that it's illegal when you profit from it. If you're just downloading it for personal use, then you fall in the gray area.

It's not that it's legal in other countries, it's that they will either not persecute it (lack of personnel is the most common cause, plus the difficulty to trace everyone) or there aren't laws against it (because the systems are pretty archaic).

In defence of the whole illegality of it, I have to say that if it weren't for P2P programs and the like, it would be *very* hard for the average Joe to listen to those extremely rare, limited copies of albums the stupid labels released for such a short time, to make everyone go crazy looking for them.
 
Gil
Not only is a lot of downloading illegal, getting the music, chord progressions off of some Tab sites where the actual music is part of the Tab, is not legal.
It is only "legal" if you get it from a site where it has been sussed out by some musically gifted individual that has figured out the progression and posted it. Even that is kind of a grey area.
My favorite site, took down all the music, but left all the lessons up.

Most of those tabs clearly state that the tab is an interpretation of the artists original work. The RIAA has its head up its ass when it is going after tab sites. Of people who are starting up right now, I think maybe one in ten will last without tabbed music online. It is truly sad that the industry is trying to kill the people it is meant to be promoting just to get the minute percentage of sheetnote sales it thinks it lost from tab sites.
 
No, it's not a breach of the AUP, because no one is discussing where to obtain - or where they've hosted - illegally pirated material.

Oh i see, thanks for clearing me up Duke. 👍

But still i don't get this. P2P is supposed to be considered illegal, no matter how they have a license and everything, because its not the original work of the artist (or the artist release their work on the P2P sharing sites, which is highly unlikely....) Well like -Diego- said, if you just download songs for your own use, then i think it would be alright and not get you into too much trouble.

Another question though. There are some artists which has a copyright protected on their CD's (eg. Yellowcards Ocean avenue & Coldplays X&Y) but yet it can still distribute the songs from the CD onto the P2P sites. How does the copyright protected CD's differs from a normal CD?
 
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