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Yes. A 'burned" CD is a copy of an original CD. Assuming the original CD is NOT a recording of your own work but a commercial CD, which contains prerecorded audio, copying the original CD, is tantamount to Copy Right Infringement.

If you have not received permission from the artist, or the creator of the original CD to make a copy of their recording, you have infringed upon the artist's rights to copy and sell their own, and original work.

Copy right infringement depends almost entirely on enforcement. Enforcement, is usually carried out by means of bringing a civil suit against the party who committed the wrong or in this case, infringement. The artist or the artist's agent would be the party to bring a suit against the party who committed the infringement, in court, and prove the damages. This would be easy to prove, if you did sell any of the copied or burned CDs.

Selling the "burned" or copied CD, containing the commercial work, or the work of another, is profiting from the infringement, should a sale result, thus your profits, are the artist's damages.

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15y ago

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