The CD You Own Is a License You Own

The music industry would like us to think that when we “buy” a CD, what we’re actually buying is a limited-use license to listen to that particular music, conveniently packaged with a plastic disk. We’re allowed to make backup or personal-use tapes or MP3s. Fine, this makes sense to me so far.

But what if that disk gets scratched or damaged by the sun? Or what if you own an LP and you’d like to convert it to a CD? Your only option currently is to repurchase the CD, or “steal” the MP3s. In my opinion, this is where the licensing argument breaks down. The damaged or old-format plastic should be viewed as proof of purchase — proof of license — showing that I have rights to a single copy. If I need to replace the plastic it came on, I should be able to do that at any record store for a nominal price (five dollars sounds appropriate). I’ve got a stack of LP albums, some of which I’d really prefer to have on CD.

By the same token, if a friend has an LP of a particular album, it should be perfectly legal to give her a copy of the MP3s (of the exact same album) — because she’s licensed for it, and it’s for personal use.

The source of the problem is the dichotomy of corporations wanting to maximize profits versus people wanting something for nothing — and both capitalizing on the fact that this issue is unclear. The best solution is a very simple legal media license that explains what everyone’s rights are. If you haven’t purchased a license for media, you aren’t allowed to have any copies of it. If you have purchased it, you’re allowed to use it as specified, no more, no less.

Update (June 14, 2002): Even more absurd — now they want to charge a royalty on used CDs! I say fine, as long as we get a full rebate for the royalty we paid buying it new (nearly the entire price of the CD). Instead, just make it clear that when you sell a CD you lose all right to the music — since the CD is the manifestation of the license. That’s basically what happens now: the original buyer might get a few dollars for the CD for which they paid $15.