[JPL] Download Uproar: Record Industry Goes After Personal Use

Tue Jan 1 16:18:54 EST 2008

Labels at some point will have to sale their products and once out of the 
box, there is no save way to keep it form being "illegally" copied. It will 
be an eternal cat and mouse tech arm race.

Luis Mario Ochoa
info at CubanMusicProductions.com
www.CubanMusicProductions.com
Tel: 416-654-5410

----- Original Message ----- 
From: "jazzhead" <jazzhead at bellsouth.net>
To: <jazzproglist at jazzweek.com>
Sent: Tuesday, January 01, 2008 4:06 PM
Subject: Re: [JPL] Download Uproar: Record Industry Goes After Personal Use

> This week's sponsor:
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> Music!
> Linda Ciofalo's Sun Set. featuring a smart set of 12 songs inspired by the 
> sun Linda Ciofalo - voice, John DiMartino - piano, Joel Frahm - saxes, 
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> +++++++++++++++++++++++++++++++
> Does anyone know specifcally how this person was found out by the RIAA?
> Also, I want to think there was an instance where a label released a CD by 
> an artist that you couldn't copy at all - who was the label and artist? I 
> can't remember offhand.
>
> I would think that in this day and time labels would simply block CDs from 
> being copied period - and just FTP their new releases to radio - 
> reviewers, etc.
>
> Mark Dove
> "Sounds of Jazz"
> "Cafe Jazz"
> Eclectic 89.1 WBCX
> http://www.brenau.edu/about/wbcx
>
>
>
> ----- Original Message ----- 
> From: "Jazz Promo Services" <jazzpromo at earthlink.net>
> To: <jazzproglist at jazzweek.com>
> Sent: Tuesday, January 01, 2008 6:05 AM
> Subject: [JPL] Download Uproar: Record Industry Goes After Personal Use
>
>
>> This week's sponsor:
>>
>> Seasons Greetings and Sunny Warm Wishes to Welcome 2008 from Lucky Jazz 
>> Music!
>>
>> Linda Ciofalo's Sun Set. featuring a smart set of 12 songs inspired by 
>> the sun Linda Ciofalo - voice, John DiMartino - piano, Joel Frahm - 
>> saxes, John Hart guitar, Marcus McLaurine - bass, Matt Wilson - drums
>>
>> 'For her newly released theme album Sun Set (Lucky Jazz Music) Linda 
>> Ciofalo selected tunes that explore heat, times of day, weather, light 
>> and other sunny topics. What her choices demonstrate is, first, how many 
>> great songs the sun has inspired and second, that gravitas isn'¹t 
>> necessary to create serious music. Ciofalo is a sophisticated singer and 
>> her voice carries a smile. It¹'s a winning combination.' ~ All About Jazz
>>
>> Business Contact: Heide Scott 516 457-1040   Email Jazzpact at aol.com
>>
>> www.LindaCiofalo.com
>>
>> +++++++++++++++++++++++++++++++
>> http://www.washingtonpost.com/wp-dyn/content/article/2007/12/28/AR2007122800
>> 693.html?referrer=emailarticle
>>
>> Download Uproar: Record Industry Goes After Personal Use
>> By Marc Fisher
>> Washington Post Staff Writer
>> Sunday, December 30, 2007; M05
>>
>> Despite more than 20,000 lawsuits filed against music fans in the years
>> since they started finding free tunes online rather than buying CDs from
>> record companies, the recording industry has utterly failed to halt the
>> decline of the record album or the rise of digital music sharing.
>>
>> Still, hardly a month goes by without a news release from the industry's
>> lobby, the Recording Industry Association of America, touting a new wave 
>> of
>> letters to college students and others demanding a settlement payment and
>> threatening a legal battle.
>>
>> Now, 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."
>>
>> RIAA's hard-line position seems clear. Its Web site says: "If you make
>> unauthorized copies of copyrighted music recordings, you're stealing. 
>> You're
>> breaking the law and you could be held legally liable for thousands of
>> dollars in damages."
>>
>> They're not kidding. In October, after a trial in Minnesota -- the first
>> time the industry has made its case before a federal jury -- Jammie 
>> Thomas
>> was ordered to pay $220,000 to the big record companies. That's $9,250 
>> for
>> each of 24 songs she was accused of sharing online.
>>
>> Whether customers may copy their CDs onto their computers -- an act at 
>> the
>> very heart of the digital revolution -- has a murky legal foundation, the
>> RIAA argues. The industry's own Web site says that making a personal copy 
>> of
>> a CD that you bought legitimately may not be a legal right, but it "won't
>> usually raise concerns," as long as you don't give away the music or lend 
>> it
>> to anyone.
>>
>> Of course, that's exactly what millions of people do every day. In a Los
>> Angeles Times poll, 69 percent of teenagers surveyed said they thought it
>> was legal to copy a CD they own and give it to a friend. The RIAA cites a
>> study that found that more than half of current college students download
>> music and movies illegally.
>>
>> The Howell case was not the first time the industry has argued that 
>> making a
>> personal copy from a legally purchased CD is illegal. At the Thomas trial 
>> in
>> Minnesota, Sony BMG's chief of litigation, Jennifer Pariser, testified 
>> that
>> "when an individual makes a copy of a song for himself, I suppose we can 
>> say
>> he stole a song." Copying a song you bought is "a nice way of saying 
>> 'steals
>> just one copy,' " she said.
>>
>> But lawyers for consumers point to a series of court rulings over the 
>> last
>> few decades that found no violation of copyright law in the use of VCRs 
>> and
>> other devices to time-shift TV programs; that is, to make personal copies
>> for the purpose of making portable a legally obtained recording.
>>
>> As technologies evolve, old media companies tend not to be the source of 
>> the
>> innovation that allows them to survive. Even so, new technologies don't
>> usually kill off old media: That's the good news for the recording 
>> industry,
>> as for the TV, movie, newspaper and magazine businesses. But for those 
>> old
>> media to survive, they must adapt, finding new business models and new,
>> compelling content to offer.
>>
>> The RIAA's legal crusade against its customers is a classic example of an
>> old media company clinging to a business model that has collapsed. Four
>> years of a failed strategy has only "created a whole market of people who
>> specifically look to buy independent goods so as not to deal with the big
>> record companies," Beckerman says. "Every problem they're trying to solve 
>> is
>> worse now than when they started."
>>
>> The industry "will continue to bring lawsuits" against those who "ignore
>> years of warnings," RIAA spokesman Jonathan Lamy said in a statement. 
>> "It's
>> not our first choice, but it's a necessary part of the equation. There 
>> are
>> consequences for breaking the law." And, perhaps, for firing up your
>> computer.
>> --
>>
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