Hello!

I am a bit confused whether or not I am allowed to copy audio CDs from libraries.
I remember reading somewhere that since GEMA fees are included in the library card price (15 € here in Karlsruhe), it would be perfectly legal to copy the CDs for private purpose only. Does anyone know more about this?

Regards,
Sebastian

A private copy only for yourself is legal, as long as the CD has no copy-protection. Circumventing that would be illegal.

OK, thanks.

By the way, while we're at it, do you know any official papers where this is written?

Urhebergesetz § 53 Abs. 1 (Recht auf Privatkopie) and § 95a (Schutz technischer Maßnahmen).

Thanks for that, but it isn't really obious that I am allowed to make a private copy of a CD which I got from the library.

Okay, then read this, second example: http://www.lehrer-online.de/dyn/9.asp?url=404132.htm

There hasn't been any library fee here (in my library) for a long time. Only in the last few years, the communities need money.
Phew, would have been really bad for me since most of my music are copies from the library...

Regarding the SCMS system: Is a second-generation copy always illegal, or only if one doesn't own the original (the "0th" copy)?

Yeah, that's why I am worried, too... My beautiful Pink Floyd collection...

It doesn't depend on the fee. If they don't take a fee from you directly, it will be funded in another way from the city's budget, which comes from taxes and whatever. Copying library CDs for private use is perfectly legal in both cases.

It doesn't depend on the fee. If they don't take a fee from you directly, it will be funded in another way from the city's budget, which comes from taxes and whatever. Copying library CDs for private use is perfectly legal in both cases (the exception being a means of effective copy-protection which you are not allowed to crack).

And for the same reason you're not allowed to copy movie DVDs from the library, since each of them has the CSS protection, and even if it's very easy and seamless to crack, it's illegal to do so. It is however not illegal to have CloneCD/DVD, AnyDVD or DVD Decrypter installed, as long as you don't use it to crack a copy-protection. Weird laws we have...

BTW, we're still paying the same GEMA fees on CD/DVD blanks, burners, and so on, even though we're not legally allowed to make private copies of the majority of new releases anymore since they are copy-protected. Go figure.

Has it been legal until the new EU copyright law was introduced ?
When I first read about it, I felt glad about the 'right for first generation copy for private purposes' being confirmed; but now I think things have become worse - the right for private copies is actually eliminated, since there are hardly any new non-copy protected discs.
They're only discs, no compact discs, from readbook standard point of view, they're totally erroneous.

How about using analog copy of DVDs and copy protected CDs (I know it sucks from the quality point of view, but anyways)?

Sure, that works and is legal, and they're selling special programs just for that idiotic task: http://www.gdata.de/trade/productview/478/13/

All the other "fully legal" digital copy programs - be it Nero Recode, InstantCopy or MovieJack - don't contain any DeCSS code and need the unprotected movie content on the HD (for instance if you rip it with DVD Decrypter first)...