Dear Catholic Exchange:
I have recently been borrowing music CDs from our local library and burning them as MP3 files on a CD for personal use (i.e. listening to them on my computer). Is this a sin? I have read conflicting views on this and so I am not sure if what I am doing is right. Can you please enlighten me as to how the Church views this?
Thank you for your assistance,
Jeff
Dear Jeff,
Peace in Christ!
Objectively, you might be transgressing copyright law (you might begin by looking on the jacket of the CD). Subjectively, copying someone else’s material without their permission might be a selfish act or a form of greed. You’ll have to pursue questions of copyright law elsewhere and look inward regarding your motivations. But here are some considerations regarding the morality of copying “against the reasonable will” of the copyright owner.
The Catechism, no. 1807, provides a definition of the moral virtue of justice:
“Justice is the moral virtue that consists in the constant and firm will to give their due to God and neighbor. Justice toward God is called the ‘virtue of religion.’ Justice toward men disposes the one to respect the rights of each and to establish in human relationships the harmony that promotes equity with regard to human persons and to the common good.”
In terms of giving what is due, laws allowing abortion can be seen as unjust because they do not give unborn persons their due, i.e., they don’t respect their basic right to life (cf. Catechism, no. 2270-75). Copyright laws are largely seen as just — no one is due, free of charge, the work of an artist. Such art, no matter how desirable, is not essential to one’s basic existence.
Fairness is a form of justice, basically giving a person his due. Fairness includes impartiality toward multiple parties affected by a decision. Hence, a fair person often is called “disinterested,” when in fact he is deeply interested in the common good.
One test of fairness is to reverse the positions of the people involved. In other words, if you were a writer and musician, would you say it fair for people to borrow your music CD from the library, but before returning it for someone else’s use, also to copy the music instead of purchasing a copy for exclusive use?
The Catechism, no. 2408, defines theft:
“The Seventh Commandment forbids theft, that is, usurping another's property against the reasonable will of the owner. There is no theft if consent can be presumed or if refusal is contrary to reason and the universal destination of goods. This is the case in obvious and urgent necessity when the only way to provide for immediate, essential needs (food, shelter, clothing…) is to put at one's disposal and use the property of others.”
Copyright laws provide recording studios, producers, and musicians with protection of their interest in receiving a fair return for their work and investment that make the music available to those who desire their use. At least in general, fair-minded people agree that copyright laws are reasonable and should be respected.
United in the Faith,
Eric Stoutz
Information Specialist
Catholics United for the Faith
827 North Fourth Street
Steubenville, OH 43952
800-MY-FAITH (800-693-2484)
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