It depends on whether the MP3 files are legal or unauthorized. Currently, most recordings from major bands available for download on the Internet in MP3 format are not authorized. To the extent that the band's record label (or the band itself, if it controls its copyrights) has not made the recordings available, they probably are unauthorized. You can usually tell by the type of site from which you downloaded the files. FTP sites, personal Web sites, ... etc. tend not to be sources of authorized files, while sites operated by the record labels and major Internet retailers tend to offer only authorized files.

As is true with lawful copies of CDs that you own, legitimately acquired MP3 files may be included in your programs. This is generally true whether you obtained such MP3 files for free or for a charge. On the other hand, if the MP3 files are unauthorized, you cannot lawfully include them in your programs, whether you paid for them or not.

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