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

Wed Jan 2 11:24:07 EST 2008

Maybe it's time for labels to move back to vinyl,

 but that's probably irrelevant because labels as we know them will be a 
thing of the past like the dodo bird. 

>
>
> +++++++++++++++++++++++++++++++
> 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
>
>
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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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>>
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