I have just started downloading tracks from Tesco's .........prompted by my local record store closing down ( MVC has called in the administrators and they were the only store near me that sold cd singles).

The quality seems better than I expected considering it's only 192kb.

I can burn these to Cd but using them at a gig they are gonna look like pirated stuff. The license info is stored on my home p.c. but how do I prove they are legal if someone asks...... just keep and carry with me the receipt e-mails from tesco's ??

And I assume I am ok using these at a gig once burned to Cd .... or do I assume wrongly.

I don't intend using them on a laptop..... cannot be hassled with more licensing rubbish. their is way too much without that.

If it is legal to play a shop bought CD at a venue, why should it be illegal to play a paid for downloaded and burned-to-CD track?

I was about to buy a track from Itunes the other day, but then I spotted this in the terms and conditions.

The last time I checked a CD it also contained similar wording regarding Unauthorised Commercial Use and public preformance Prohibited, so if you take the words "public performance" and "commercial use" to the letter of the law as some are doing above, then we are all breaking the law as soon as we play a CD to an audience. Like downloads, CD's are sold to the public on a non commercial basis. A bit like hiring a DVD from Blockbuster, you can hire one and show it at home, but not in a hospital, prison, nursing home etc - that would be illegal.

If you are using CD music in order to make money at a private function which is by definition, not covered by PPL licence requirements this would make it an unauthorised commercial use, because it is not licenseable.

Using CD's at a private function may not be penalised under the Public Performance section of the copyright prohibition, but it could be enforced under the Commercial Use area, since you are charging a fee, and the only way to meet both criteria would be to do private functions and work for nothing.

So it seems to me that we have one common denominator here, whether it's CD's or legal downloads, in that they both carry the same limited use.

Do you also know that the onus is on us, to check that the venue (or function room in the case of private functions) has a current, valid entertainment licence?, but how many of us actively ask to see and check this document?. If you are working a public function in a pub and the venue hasn't renewed it's entertainment licence or there are restrictions, then the DJ needs to obtain a PPL licence for the night, if not we are breaking the law, regardless.

Many venues do take liberties, especially over Xmas and how many unlicensed venues will be taking the risk this Saturday?

Oh and by the way, under some ancient law, it's also illegal to dance on the sabbath day, so remember to tell your audience that after 12.00 on New Years Eve otherwise you may find yourself clapped in irons in the Tower of London.

seems like the situation is worse than it was when I first started in 1971.

I will just carry proof that I have paid for the tracks and see what happens.

bit of a laid back attitude you may think Marky Mark, but until someone can actually tell me the difference between a shop bought CD and a downloaded purchased one written to CD ( I cannot see any) then that's how it'll be

Just looking at my vinyl 45 copy of Dave Clarke Five - Glad All Over, and guess what it says on that.

The situation as it appears is that downloaded cds are subject to the small print of the provider. Napster allows you to use a track on 2 pcs and burn up to 3 cdr copies, other sites vary. I know the situation at Napster because they informed me.

But according to PPL this only applies for personal use therefore they are saying you need a digital DJ licence. MCPS also claim you require an SG6. As you can see it is very confusing. NADJ has set up a working party to address this. Talks will begin in January with both PPL (about DDJL) and MCPS (to actually discuss and plan their new licence as they agree that technology has overtaken their current legislation)

The working party will be posting on a number of forums and are in contact with other associations to keep all informed. The intention is to try to establish a draft plan and submit it to the working DJs before going any further.

Keep watching and let them know your sensible and constructive opinion when asked. We don't want destructive criticism but common sense.