Legal Issues in The United States
An important distinction between homemade mixes and retail compilations of pop music is that the latter generally obtain permissions for the use of copyrighted songs, while the former do not. As a result, mixtapes, such as those produced and sold by club DJs in the 1970s, are illegal. Most mixtape enthusiasts assume that private mixtapes are inoffensive from a fair use standpoint, but this is far from clear. Frank Creighton, a director of anti-copyright infringement efforts for the Recording Industry Association of America, was quoted in New York Times as saying that "money did not have to be involved for copying to be illegal."
While mixes on cassette tapes may not have inspired the wrath of the record industry in the past, Mr. Creighton said, "digital mixes have better sound quality", and given the proliferation of CD burning for friends and relatives, "it would be naïve of us to say that we should allow that type of activity".
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