I’m not an advocate for illegal music downloads, but if you can’t find what you want legally, then what choice do you have? iTunes, Amazon, Rhapsody, and Napster don’t sell everything. CDs are still an option assuming the CD is still “in print.” And there’s the catch: What happens when the music is out-of-print, and you can’t buy it legally but you can find it for free through “questionable” channels of distribution? Is it still considered stealing when you illegally download music you can no longer purchase new?

On a quest to find two albums on CDs

Recently I was on a quest to find two CDs: “Fearless” by Tim Curry and “Is This a Cool World or What” by Karla Devito. Despite my extensive searching, I could not find either of these albums in digital versions at any of the major online music stores, nor could I find a traditional CD of either album. So, I ask again — if I can’t buy it new, then from whom am I stealing if I download it for free?

What about buying it used?

Yes, buying a used CD is always an option. I save a little money and normally playback sounds just as good as a new CD despite the condition of the case. In the context of this article, however, buying used doesn’t send revenue back to the artist or the record company.  Therefore, who loses out if the same music is downloaded illegally? Obviously not the people that are fighting against illegal music downloads.

Still illegal to download out-of-print, but that needs to change

According to the strict letter of the law, downloading copyrighted material is illegal regardless if the material is still for sale. Here is where I see copyright laws need to change. If a record company elects to stop printing a particular album for resell, then they have clearly decided that the music no longer has value. At this point the album should be handed over to the performing artist and songwriter and they can decide whether they want to continue to sell their album, or release it into the public domain.

Common sense says it’s not illegal, but that won’t keep you out of jail

In my opinion, illegally downloading out-of-print music is a very gray area. By the strict reading of the copyright law, downloading without payment or without expressed written consent of the copyright owner is clearly against the law. However, by the strict standards of common sense, you’re not stealing from anyone if an artistic work is no longer for sale. Simply put, if copyright holders believe their copyrighted work has value, then make it available for consumers to purchase. If not, they have no right to get all spun up about illegal downloads of their “out-of-print” material. These days, with print-on-demand services and digital downloads, nothing has to go out-of-print anymore. In the meantime, I’m still in the market for those 2 CDs, and I’ll buy them used if the price is right (e.g. below $20 per CD).

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