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Copyright Issues from Halachically Speaking
During the summer months it is very common to listen to more music than
usual while walking, driving, or doing any other activities. Therefore, it is proper
to discuss what one is and what is not permitted to copy as far as music CDs
and tapes are concerned. One should not say that copying is permitted. That
for stealing from music producers and artists. Many people are accustomed to
Every CD that is copied steals at least five dollars from the producers. If all the
money lost on the CDs that are copied would be added up the producers etc. are
losing a lot of parnasa, despite their investing a lot of time and money to create
something that the public is interested in. One wonders why some people who
are very stringent to keep every custom even when it may have little backing in
A CD or tape which is no longer sold in stores and is not possible to buy may
be copied from a friend.96 However, one must make sure that the item is really
not available for purchase. Many old tapes are still being sold online (by the
original producer or someone who bought the rights to them). One who owns
a CD or tape and is scared it may get lost is permitted to copy it. One who had a
CD or tape which broke may make a copy of it from a friend. One who owns a CD
or tape may make a copy of it for personal use. For example, he may make a copy
for his car, since it can be assumed that the one would not buy another copy of
the CD or tape for his car, so no loss is being caused by the copying.97 A CD or
live at home. However, once a child gets married a copy may not be made for
that child. It is permitted to copy a song off the radio since the quality is not
as good as it would be if one were to buy the CD or tape. Music that is offered
on the internet may not be copied since it is only put there for one to listen to.98
Some producers maintain that the forty-five second clips that are offered on the
internet may be copied. Copying a CD or tape is forbidden even if one would
never buy the CD or tape.99
94.
Horav Yisroel Belsky Shlita. Refer to Igros Moshe O.C. 4:40:19, Yabea Omer C.M. 7:9, Mishnas Zechuyos
(number 21).
95. Parshas Yisro 20:13.
96. Refer to Igros Moshe O.C. 4:40:19.
97. Refer to Rivevos Ephraim 4:248, 3:596.
9:footnotes 26-27.
99. Horav Yisroel Belsky Shlita. One is not allowed to copy even one song from many CDs or tapes to make a mix
(Horav Yisroel Belsky Shlita). If one who copied a CD or tape despite not being allowed to do so may listen to it in