Theft in Downloading Songs

Question

Hi, We run a Chassidic music website called Heichal Hanegina — https://www.hngn.co.il. We would like to ask some questions regarding the issue of theft (gezel) when it comes to downloading music:What kind of gezel is involved in downloading songs?If someone buys a music album, is it permitted for them to copy it? For whom? Is it allowed to play it at public events?Nowadays, when singers upload their songs to YouTube, does that mean they’re waiving their rights? (Even if they write that it’s copyrighted, anything uploaded to YouTube can easily be downloaded with the click of a button from many websites.)What about a song that someone else uploaded to YouTube, not the singer or producer — is that any different?If someone else already downloaded a song and sent it to me, is it permitted for me to listen to it?And if yes — am I allowed to copy and pass it on to others?Thank You, Heichal Hanegina

Answer

Shalom UvRacha,

These are the guidelines from our teacher, HaRav Amrom Fried shlit”a:

It is forbidden to copy songs that are intended for sale.

This prohibition applies both to the one who copies and to the one who uses the copied material.

The fact that it’s easily available online and can be copied with a click does not serve as a justification.

Copying for personal use by the purchaser is permitted — for example, if someone bought a CD and wants to convert it to a digital format.

There is no difference whether one is using the original CD/USB of the owner, or a copy made by someone else.

Any songs that were copied in a prohibited manner should be deleted.

Only songs that are distributed for free by the owner, or songs that are no longer being sold, may be copied.


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