Listening Freely

[8426]

My question is this.

I go on youtube and convert a music video (say chopin) to mp3. Then I listen to it on my player.

Is it ilegal to do this?

How about if the music I converted was a bit more contemporary?

Say, Black Eyed Peas or Green Day.

Is it still legal?

Here's my reasoning.

If it is on youtube it is for everyone to hear. Wherefore, if it is on youtube I think I have the right to listen to it on my mp3.

To counter this.

What if the video should not be on youtube?

Is that youtube's fault or am I allowed to use it?

But, what if youtube checks its videos carefully and does not allow ilegal videos?

Well, what if youtube's maintenance crew is somewhat limited and ilegal videos get past anyways?

What I don't want to do is: "steal" from the artist himself by listening to something for free when I should have bought it.

And in the end is this just a question of ethics?

[soitainly]

 Well, it kind of depends on both who the composer and the artist (player) is. The general rule of thumb on compositions is that they are restricted for 75 years after the composers death. So Chopin is in the public domain and can be freely listened to. However, if you are listening to a signed artist (I recently bought Ashkenazy's Chopin nocturnes), you can't just copy that, the recording is under copyright. I am not as clear to how long a performance copyright lasts, but since Ashkenazy is still alive I am almost positive it would be illegal to copy his music. If it is a player who uploaded himself playing Chopin and then I think you would be fine downloading and playing the music. There is an option on YouTube to allow/disallow downloading so if it isn't restricted then I don't think there would be any problem. Obviously you couldn't sell these performances, but listening to them is legal.

 As far as Black Eyed Peas or Green Day, I am sure any contemporary artist (any one active in your lifetime and probably your parents lifetime) is covered under copyright law. You Tube and other video/audio distribution sites usually have a terms of use page. Here and on other websites you can find out whats legal and illegal. There are some tricky areas when it comes to public domain, especially if you are making a profit from something. Even arrangements can be copyrighted. If you are using it for profit it would be best to consult a lawyer.

 Just because someone uploaded something to YouTube illegally doesn't mean you can legally download it. If some one leaves their keys in the car it doesn't mean you can drive off in it. I hope this helps.

[jbmorel78]

I believe there is a very simple answer to this:

If the music has been illegally uploaded by a third-party, you are an accomplice to the offending user who did so.

If the music was uploaded by the artist, the ethical course of action would be to contact him/her via his/her YouTube account and obtain permission to download it.

Best,
Jean-Baptiste Morel

[8426]

I understand your first point and accept it.

However must I ask permission of the uploader?

He uploaded to a public and free site. I can listen to it as many times as I want on that site.
Why not just convert it and listen to it on my mp3?

Also how is it possible to know if a video was put on illegally?