Copyright violation, can't pay for Amazon MP3 Download

[Cinde]

I have run into a moral dilemma, and don’t know how to fix it.
I just delivered a memorial video. The client had original CDs with most of the audio, but I needed to purchase and download 5 songs from the internet. I purchased and downloaded the first 3 songs fromWalmart.com

But two of the songs were not available at Walmat.com, so I went to Amazon.com I found the music and clicked on the “Get MP3” button to add to my shopping cart. After I clicked the button, the button changed to “processing” then disappeared, and in its place was the word “purchased” Then immediately the window downloader popped up. It was the normal download utility that I use for most of my internet downloads. It wasn’t the Amazon downloader. I saved the file and then put it on the client’s video.

I waited for the e-mail confirmation to arrive so I could include the proof of purchase with the client’s invoice. It never arrived. Then I went to look at my shopping cart and found that the MP3 songs had not been added to my shopping cart. I then looked at my account and found that my last purchase was 6 months ago.

I have looked all over the Amazon.com site and cannot find a place to pay for the 2 songs. I’ve retired to put them in my shopping cart but it absolutely won’t go.

I’m having a really hard time knowing that I have just committed 2 copyright violations in addition to not paying Amazon the $1.98 for the 2 downloads.

[Chuck Engels]

Some of the music is free Cinde, maybe you just hit on a couple of the free ones
What songs are they and I will give it a try and see what happens when I download them.

Don't let it get you too worked up, one copy of the song is not going to cause any huge problems.

[Dave McElderry]

Okay folks, correct me if I'm wrong, but paying for music doesn't make it legal to use for commercial purposes anyway. When you purchase a song it's still only for personal use. Having said that, as long as your client isn't charging people to see the video or using it for some other commercial purpose, I really doubt that the copyright police are going to come after you. From a moral standpoint, everybody has their own sense of what makes right and wrong, but it seems like a pretty small issue to me.

[Cinde]

Chuck, one was “The Dance” by Garth Brooks. The other was “Go Rest High on That Mountain” by Vince Gill. They are $.99 each. These downloads were about 10 AM this morning.

This is getting frustrating. Part of the problem is solved, but a new one has been created.

Around 5 PM today I went back to The Dance by Garth Brooks and clicked on the “Buy MP3 Button” it did the same thing again… processing… purchased. Then I was directed to another page that said I had already purchased the Garth Brooks MP3 and if I wanted to purchase again to click the "Complete Purchase” button… So I thought maybe this time it would actually add itself to my Cart. However, I DID NOT DOWNLOAD it the second time. I went to my Account it was confirmed that the song had been downloaded and the printable invoice was for that one song only. That’s really confusing. My Account shows that the transaction is pending, and I can’t find a way to cancel it.

Now it gets even more confusing. I just checked my E-mail (with a time stamp of 2:06 PM) and did find a confirmation for all the songs I downloaded this morning round 10 am. (the 2 above plus some free Christmas and Military Tribute), even though none of them are confirmed on My Account’s (current or history) on the Amazon.com web site.

This has created a new problem. On My Account I have the second download of The Dance pending which will charge my credit card a second time, and I cannot find a place on Amazon.com to cancel the transaction. It’s only $1.05, but it’s the principle. This morning I couldn’t get a confirmation on Amazon.com in My Account, it kept saying I didn’t have anything in my Shopping Cart. Then I got the e-mail that the transaction was completed. And when I went back to look at My Account history, the 1st transaction today is not there. It still says my last transaction was 6 months ago.

So I’m going to let things stand as they are, since the e-mail says my charge card was used to complete the transaction this morning (even though there is absolutely no trace of it in My Account at Amazon.com).

[Chuck Engels]

I think at this point it is best to just leave it all alone Cinde, just like you said.


Dave is correct, purchasing a song doesn't give the rights to put it on a CD or DVD.
Although if the music police come after me I would at least like to prove that I purchased a copy for every CD or DVD that I created. As long as you are not making dozens of copies I don't think anyone is going to sue you over it.

[Cinde]

I’m content with the way it stands now, Chuck. A few moments ago I received the e-mail confirmation invoice for the second download of “The Dance”. Oh well, the learning experience cost me only $1.05

I also agree with you Dave. Each person has their own moral standpoint of what is right or wrong.

My initial contact worksheet (which the client signs before I begin work) states that if the client doesn’t have an original CD that they will be billed at cost for each song I download. It also has a space to list their original audio and which songs I need to download. When I give them their invoice, I also give them a printed copy of the e-mail confirmation. When I have finished their video all their audio is archived with all their other files as well as the "burn folder". Then everything is removed from my computer. I have a fairly good tracking system for archiving. In each client’s archive envelope I keep the printed copy of the e-mail invoice for each download along with the invoice I present to the client.

This way if the copyright violation police ever come after me, I have a paper trail to show the music was purchased for the client. Which isn’t to say I would not be responsible for copyright violation, because I am the one who used the audio for my client.

Incidentally, most of my clients are the funeral homes themselves. I seldom have contact with the deceased person’s family members. The videos are viewed at the funeral home and I suppose they are then given to the family. I have seen the ASCAP, BMI, SESAC and NFDA license decals at the funeral homes.