Downloading Music Without Permission Is an Example of Theft and Is Immoral

.Theft is taking something from someone who is the rightful owner without their permission. It doesn’t matter if the rightful owner keeps an original version or not. If you are downloading music from an unofficial source, you are stealing it: you can start listening to that song, without the permission of the original owner. The only way you can get the right to listen to that song is via a legal transaction from which the rights owner can make a profit.

.Because the artist made the song, it is their property, in this case “intellectual property”. Property means that the owner/artist has the right to ask something from you in exchange for you gaining access to the music. This may be money. It may also be the requirement that you clearly recognize the artist’s moral right to always be mentioned as the creator of that song. This is called the “free exchange of value”, and this is the most fundamental relationship in our free market economy.

Whatever the artist chooses as payment through a legal transaction, it is his/her basic right to ask this of you. The only way to make sure that he/she can actually exercise that right is by making sure you only take music from the artist through a legal transaction, i.e. with their permission. Only then can we be sure that the desired free exchange of value has taken place.

.Apart from the moral reason, there is also a simple societal reason why it is wrong to download music without permission. The reason is that musicians have to eat, too. Suppose you are an up-and-coming young musician thinking about what to do with your future. You can either become a full time musician or take up a job. If you become a fulltime musician, you’ll be doing what you love. But at the same time, everyone will be downloading all your music for free, simply because they can. This means that music won’t be a good, stable source of income for you, and this means you’d rather take up a job. Since you’re not working on your music every day, your talent will be underdeveloped, and the little pieces of music you do write, for example in the weekend, are not as good as they could have been. So, downloading music without permission will lead to fewer good musicians. That’s not only bad for the musicians, but also for us: we’ll have less good music to listen to.

.Downloading does not fall under the so-called “private copy exception”. The private copy exception only covered those rare cases when you took the effort to make a copy from a lawful source (perhaps putting a song you owned on CD on to a cassette so you could listen to it in your car). With the internet, the situation changed hugely. Firstly, copying became a lot easier. Secondly, the home copy-exception applies to when you borrow an album from a friend – someone you know. Online, you’re downloading from anyone, anywhere who happens to have the song you want. Thirdly, when you start downloading using peer-to-peer software, you will usually also start uploading at the same time. It’s the nature of p2p-technology that you both distribute and consume. So, you’re not just making a copy for yourself, you will also be distributing the same song, and that distribution is in any case wrong. These changes together mean that the three step-test is not met, so downloading does not fall under the private copy exception and is therefore illegal.

.The home-copy exception was only put into law on the condition that there would be a charge, or levy, on the devices used for copying (see condition 3 of the three-step test). This levy in turn would be used to compensate artists for the income they missed because someone copied, instead of bought, their album. There is no such levy on the internet or on our computers, which means there is no fair compensation available. Since there is no fair compensation available, it is wrong to allow downloading from illegal sources.

This also explains why record companies use Digital Rights Management (DRM) to limit copying of audio files. Since there is no levy on every player or carrier, they have to make sure their material does not get unto those platforms. Hence the protection: it might seem unfair but it’s the next best thing after the lack of fair compensation.

.Record companies have been blamed for unfair practices, like DRM, “milking” artists (see opposition argument 3), or suing individual downloaders for unfair damages. But record companies also have a very positive role to play: they scout every day for new talent, and offer training and production studios for up-and-coming musicians. Moreover, they provide valuable marketing services, making sure that new artists get heard instead of drowning in the vast sea of information that is the internet. Consider this, how don you even know which song to download? A large part of that is because record companies get the music out there, on to radio stations, all over MySpace, on MTV, so that you get to hear it for the first time. Those are things a musician is not trained to do and very often does not want to do, which is why it is good to have record companies.

.It is a mistake to think that when you’re downloading, there isn’t someone else making a huge profit. Torrentsites and other “pirate” sites gain huge amounts of income from the advertisements on their site. This means that they profit from material which is not theirs. Why should they profit from material they have gotten unfairly and without permission?