Legal
Why It is Important that We All Pay for Music
Sep 5th
All the litigation around intellectual property rights as they apply to music on the Internet is important to track. But, more important than any threat of legal action against illegal downloaders or CD distributors is the fact that music is created by musicians, artists who are trying to make a living just like you and me. Paying for music produced by others should not be motivated by fear but by a sense of fair play. Just like any other profession or service rendered, a musician is providing you, the listener, with a product that you use and enjoy.
Plato said, “Music gives soul to the universe, wings to the mind, flight to the imagination, and charm and gaiety to life and to everything.” Think about the important role that music plays in your life. Think about the many positive benefits you get from listening to and creating music for yourself and others.
Now think about the struggling musician trying to get his or her sound out there. Often working for “free” for the elusive goal of “getting exposure,” the musician needs all the income he or she can get from the sale of music that has taken hours to create, record and produce.
As a musician, you need to get up to speed about copyright law – try and protect yourself as much as possible. But, don’t be naïve, either, and think that copyright laws are necessarily clear and “theft proof.” Read Brad Templeton’s 10 Big Myths About Copyright Explained, for example, so that you have a basic understanding about what is, and isn’t, permitted in creating music and how to protect your work.
And, for musicians who want more, you can get a more detailed overview of actual federal copyright statutes by visiting the law collection at Cornell University’s Legal Information Institute. This overview is from Cornell University’s more comprehensive collection of 17 U.S.C. Sections 101 – 810 (U.S. Copyright Act).
In the meantime, all of you music lovers need to do the right thing. Pay for the music you want to listen to. Paying ten bucks for an album you will listen to for a thousand hours is a pretty good deal.
Deborah@Audimated.com
Worried About Unauthorized Copying and Piracy?
Jul 29th
July 29, 2010: Many artists and music fans alike mistakenly consider piracy and unauthorized copying of music to be the same thing; however, there are major differences. Unauthorized copying is making duplicates of music, most of the time for personal convenience. Some examples include burning CDs, importing music from a friend’s Itunes onto your iPod, or sharing music through Limewire. Artists must be aware that copying is prevalent and that it can be performed both legally and illegally. From the artist’s perspective, preventing, controlling or stopping unauthorized copying of your music is next to impossible. It might be a better strategy to plan on your music being copied and try to maximize the positive effects that copying can have on your success. More copies of your music (even if you are not being paid for them) can mean more fans, more plays and more buzz for your band.
Piracy, on the other hand, is participating in mass replications of music and selling those copies for personal income, which is always illegal (unlike some forms of legal copying). Pirates generally replicate the most popular songs and big hits because that is how they can make the most money. Pirating is stealing because it is taking away income from the artist and producer. Some forms of pirating are burning other artists’ CDs or recording live performances to sell to make your own money. Piracy will only be a problem if your music becomes very successful, but it is important to have a strategy in place in case it does.
There are many ways to protect against piracy. You could use Digital Rights Management (DRM), which can provide restrictions that will not allow people to burn your CDs. Many companies, such as Blockbuster, for instance, use DRMs for their DVDs to prevent people from copying their movies. Without DRMs people could be tempted to burn rented/borrowed DVDs or music and distribute it to their friends for free.
On the bright side, pirating and unauthorized copying can enhance an artist’s success because when people share your music, they are, in a way, recommending your music to other people. A recent study also shows that the people that do the most unauthorized copying also spend the most money on music, merchandise and products. Getting your music into the hands of these interested fans, even if they don’t pay for it, can lead to other income in the future. Previously, many musicians were faced with the problem of getting their music out there, but with copying, their music can be effectively distributed. Imagine a tradeoff between distribution and the amount of money you make from each piece of music. Controlling this tradeoff can be difficult in the beginning, so spend your time making quality music because quality content will earn you fans, exposure and opportunities. One way or another, your expanding fan base (maybe even through unauthorized copying) will find a way to support you and your music.
Greg Gerla
greg@audimated.com
Audimated.com


