Is it OK to import a CD to itunes if an immediate family member owns it?

Asked over 2 years ago - Salinas, CA

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My brother and I have both bought CDs and some of our tastes are simular.
We both live in the same household and we share CDs.
Is it ok if both of us have the same CD imported to our iTunes or do we both have to have a copy for it to be legal?

Attorney answers (3)

  1. Contributor Level 20

    Answered February 18, 2011 00:18. No. There's no "brother-same-taste-same-household" exception to the copyright law barring reproduction by anyone except the actual copyright owner, who's the record label. You won't be caught if you make copies of the CDs you've bought for your brother, or vice versa, but it's still copyright infringement.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Contributor Level 15

    Answered February 18, 2011 11:56. Absolutely not legal. Sharing CD's is no problem because when one of you has it, the other doesn't. But if you both import the CD to your computers, there's now two copies where only one is paid for.

    Time- and space-shifting can be fine (in other words, importing a CD that you own to your computer can be fine) but you can't copy it to your computer then give the CD to someone else, and you can't have two different people with copies.

    I am not a CA attorney and this is not intended to be legal advice.

  3. Contributor Level 7

    Answered February 18, 2011 17:04. LOL ... The two esteemed attorneys before me gave the correct answer.

    So, my answer is going to be technical, not legal. You said the magic word "iTunes." If you have a home network, you can share each others' music library.

    In iTunes, go to help, and look for "Share music." There is a "Share your iTunes library" function, where you can share your library on your local network.

    I know, not a legal response, but should accomplish what you're trying to do.

    Good luck. Larry.

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