Archive for the “Copyright” Category

In reaction to a roundtable discussion on the subject of copyright on The Hooded Utilitarian blog, NYC composer Jonathan Newman hits several nails squarely on the head:

I realize how mercenary this sounds, but how about making art AND money? Ultimately I’m unclear how copyleft (or free culture in general) can maintain my middle class income. As far as I can tell, the current copyright laws are what do that.

All that being said, I’m actually a fan of Free. I give away content like crazy on my website…mp3 downloads…score of the pieces as PDFs, etc. I give away CDs, even commercial ones, like candy. I give away many (expensive to produce) printed scores. Because I do believe that giving away significant content–not just useless crap, but stuff people can use–in many ways does help create that “fan base” one hears the astute bands and rock stars talk about … those fans that downloaded the album for free, but who later on shell out 300 bucks to go to the tour show and buy the $25 t-shirts. Which right there crystallizes the line for the Free argument. You don’t see “Pay what you want” Radiohead (I’m a fan) letting their devoted following into the show for free. (Or do you? I don’t really know.)

So among this noise, some content is always controlled by the owner. It’s not all free, it’s just a question of what content is deemed not free. For me, it’s the performance materials. That’s the paper (maybe someday it won’t be, I’m looking at you iPads) musicians rehearse and perform from. I rent it, I sell it, I control it. Nothing drives me more bat-shit crazy than seeing other composers give away their stuff. A website full of scores and parts… “Come play my music! I won’t charge! I just want you to play it to Get My Name Out There!” Well, a) I hope you have another job, b) you just made mine a lot harder, and c) the end user (who, sure, now knows your name) thinks your stuff isn’t even worth the paper it’s printed on.

Check out the entire post here.

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And you thought the only ones who needed to worry were the illegal file-sharers? After reading this article, think again:

in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.

The industry’s lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are “unauthorized copies” of copyrighted recordings.

“I couldn’t believe it when I read that,” says Ray Beckerman, a New York lawyer who represents six clients who have been sued by the RIAA. “The basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright. But recently, the industry has been going around saying that even a personal copy on your computer is a violation.”

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