Absolution for a pirate

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Comments

  • Reply 41 of 115
    pfflampfflam Posts: 5,053member
    So, does a Library steal when it purchases once what then gets listened to by a thousand different people?
  • Reply 42 of 115
    giantgiant Posts: 6,041member
    Quote:

    Originally posted by trick fall

    I can't afford a lot of things I'd like to have. Should I just take them?



    No, you should make a copy
  • Reply 43 of 115
    groveratgroverat Posts: 10,872member
    Quote:

    Originally posted by giant

    No, you should make a copy



  • Reply 44 of 115
    trick falltrick fall Posts: 1,271member
    Quote:

    Better that I listen to them and spread the word, get the meme out there, than not even consider buying or not even finding out who they are or what they are all about . . . which would be the case if I had to purchase everything that I listened to.



    If the artists thought your contribution was so important don't you think they would make their works available for free online?
  • Reply 45 of 115
    trick falltrick fall Posts: 1,271member
    Quote:

    No, you should make a copy



    Wow, you are so clever....
  • Reply 46 of 115
    liquidrliquidr Posts: 884member
    Quote:

    excerpt from "The Problem with Music"

    by Steve Albini

    originally appearing in Maximum RocknRoll 133



    These figures are representative of amounts that appear in record contracts daily. There's no need to skew the figures to make the scenario look bad, since real-life examples more than abound. Income is underlined, expenses are not.



    Advance: $ 250,000

    Manager's cut: $ 37,500

    Legal fees: $ 10,000





    Recording Budget: $ 155,500

    Producer's advance: $ 50,000

    Studio fee: $ 52,500

    Drum, Amp, Mic and Phase "Doctors": $ 3,000

    Recording tape: $ 8,000

    Equipment rental: $ 5,000

    Cartage and Transportation: $ 5,000

    Lodging while in studio: $ 10,000

    Catering: $ 3,000

    Mastering: $ 10,000

    Tape copies, reference CDs, shipping tapes, misc. expenses: $ 2,000

    Album Artwork: $ 5,000

    Promotional photo shoot and duplication: $ 2,000





    Video budget: $ 31,000

    Cameras: $ 8,000

    Crew: $ 5,000

    Processing and transfers: $ 3,000

    Off-line: $ 2,000

    On-line editing: $ 3,000

    Catering: $ 1,000

    Stage and construction: $ 3,000

    Copies, couriers, transportation: $ 2,000

    Director's fee: $ 4,000





    Band fund: $ 15,000

    New fancy professional drum kit: $ 5,000

    New fancy professional guitars [2]: $ 3,000

    New fancy professional guitar amp rigs [2]: $ 4,000

    New fancy potato-shaped bass guitar: $ 1,000

    New fancy bass amp: $ 1,000

    Rehearsal space rental: $ 500

    Big blowout party for their friends: $ 500





    Tour expense [5 weeks]: $ 50,875

    Bus: $ 25,000

    Crew [3]: $ 7,500

    Food and per diems: $ 7,875

    Fuel: $ 3,000

    Consumable supplies: $ 3,500

    Wardrobe: $ 1,000

    Promotion: $ 3,000





    Tour gross income: $ 50,000

    Booking Agent's cut: $ 7,500

    Manager's cut: $ 7,500





    Merchandising advance: $ 20,000

    Manager's cut: $ 3,000

    Lawyer's fee: $ 1,000





    Publishing advance: $ 20,000

    Manager's cut: $ 3,000

    Lawyer's fee: $ 1,000





    Record sales: 250,000 @ $12: $ 3,000,000

    Gross retail revenue Royalty [13% of 90% of retail]: 250,000 @ $12: $ 351,000

    Less advance: $ 250,000

    Producer's points [3% less $50,000 advance]: $ 40,000

    Promotional budget: $ 25,000

    Recoupable buyout from previous label: $ 50,000

    Net royalty: $ -14,000







    Now, on the other hand, let's look at the Record company income:



    Record wholesale price $6.50 x 250,000 $ 1,625,000 gross income

    Artist Royalties: $ 351,000

    Deficit from royalties: $ 14,000

    Costs of manufacturing, packaging and distribution @ $2.20 per record: $ 550,000

    Label's gross profit: $ 7l0,000





    The Balance Sheet: This is how much each player got paid at the end of the game:



    Record company: $ 710,000

    Producer: $ 90,000

    Manager: $ 51,000

    Studio: $ 52,500

    Previous label: $ 50,000

    Booking Agent: $ 7,500

    Lawyer: $ 12,000

    Band member net income each: $ 781.25





    The band is now 1/4 of the way through its contract, has made the music industry more than 3 million dollars richer, but is in the hole $14,000 on royalties. The band members have each earned about 1/20 as much as they would working at a 7-11, but they got to ride in a tour bus for a month.




  • Reply 47 of 115
    groveratgroverat Posts: 10,872member
    Quote:

    Originally posted by trick fall

    If the artists thought your contribution was so important don't you think they would make their works available for free online?



    In general, could they even if they wanted to?
  • Reply 48 of 115
    trick falltrick fall Posts: 1,271member
    Quote:

    In general, could they even if they wanted to?



    Sure, as long as they didn't willingly sign a contract giving their rights to a third party.
  • Reply 49 of 115
    liquidrliquidr Posts: 884member
    Quote:

    originally posted by trick fall



    Sure, as long as they didn't willingly sign a contract giving their rights to a third party.



    In response to this.



    Quote:

    excerpt from "The Problem with Music"

    by Steve Albini

    originally appearing in Maximum RocknRoll 133



    By now all rock bands are wise enough to be suspicious of music industry scum. There is a pervasive caricature in popular culture of a portly, middle aged ex-hipster talking a mile-a-minute, using outdated jargon and calling everybody "baby." After meeting "their" A & R guy, the band will say to themselves and everyone else, "He's not like a record company guy at all! He's like one of us." And they will be right. That's one of the reasons he was hired.



    These A & R guys are not allowed to write contracts. What they do is present the band with a letter of intent, or "deal memo," which loosely states some terms, and affirms that the band will sign with the label once a contract has been agreed on.



    The spookiest thing about this harmless sounding little memo, is that it is, for all legal purposes, a binding document. That is, once the band signs it, they are under obligation to conclude a deal with the label. If the label presents them with a contract that the band don't want to sign, all the label has to do is wait. There are a hundred other bands willing to sign the exact same contract, so the label is in a position of strength.



    These letters never have any terms of expiration, so the band remain bound by the deal memo until a contract is signed, no matter how long that takes. The band cannot sign to another laborer even put out its own material unless they are released from their agreement, which never happens. Make no mistake about it: once a band has signed a letter of intent, they will either eventually sign a contract that suits the label or they will be destroyed.



  • Reply 50 of 115
    progmacprogmac Posts: 1,850member
    blah, blah, blah. here's some good, legal, free music (scroll to the bottom for full-length mp3s)



    http://www.neilsonhubbard.com/music/index.htm
  • Reply 51 of 115
    trick falltrick fall Posts: 1,271member
    Liquid r, I'm no fan of the music business or its practices, but anyone who signs anything without having a lawyer they trust look it over deserves what they get....
  • Reply 52 of 115
    gongon Posts: 2,437member
    Quote:

    Originally posted by dmz

    I am of the opinion that if you ever owned a legal copy of an artist's work, on any media, you are entitled to get it by hook or by crook.



    You realize what you're asking for would absolutely floor the prices of that work? Most people would no longer have an incentive to keep anything, they would buy, copy and sell the original forward. Or if that was easier, they'd buy and sell and get the copy somewhere else.



    The natural state of affairs is that information is free. You see another man do something, say something, write something, you can copy him by saying or doing the same thing. Copyright and patents are not "rights", they are a deal between the public and the creators whereby the creators get some limited protection (right of exclusive use) and the public gets disclosure of inventions (patents) and increased volume/quality of work due to the incentives offered to creators (patents, copyright).



    I think it's currently a bad deal. The public is not getting what it pays for. I think the duration of patents should be between 5 and 10 years.. copyright, maybe 20 years. If a piece of work is not created under those terms, I don't believe it will be created with longer terms, or be worthwhile.
  • Reply 53 of 115
    westonmwestonm Posts: 140member
    Quote:

    . . . . I cannot afford CDs AT ALL!!



    Music is a privilege, not a right (albeit an overpriced one). Not to say I don't pirate as well, its just that I find that to be a poor excuse. I mean if I didn't steal one "I cannot afford private jets at all".



    That said I hate the RIAA.
  • Reply 54 of 115
    pfflampfflam Posts: 5,053member
    Quote:

    Originally posted by westonm

    Music is a privilege, not a right (albeit an overpriced one). Not to say I don't pirate as well, its just that I find that to be a poor excuse. I mean if I didn't steal one "I cannot afford private jets at all".



    That said I hate the RIAA.




    No . . .



    its like checking records out of the library . . . which is one thing that I do . . . except that it is also like not taking them from the library while taking them so that they remain there to be listened to again by whomever wants to listen . . . I am copying records . . . . I also listen and then tell friends about the records I like and thus provide advertising



    If I could take a private jet while keeping the original in place, and that in doing so I wouldn't be NOT buying a private jet elsewhere then there is absolutely no harm done . . . and no crime.

    Though Private Jets are, in themselves somwhat criminal . . .



    I would not buy any music but a few here and there . . . . I simply canot afford to . . . and even if I could I wouldn't (unless I had real money). . . that is the way I have always listened to music . . . way back in the day I would get an occasional album (vinyl days) but almost never from a new-records record store (and I mean almost never) . . . . I would listen to friends records and tape them, or I simply would borrow them, or simply go without . . . at the same time Thrift Stores and the occasional used Album . . . . and while doing so I managed to amass quite a tape collection, and quite a few (very poor condition) but great albums . . . . through the years 1981-1999 (before I even began to get involved with CDs) I think I may have purchased a total of three or four new albums . . .

    Taping was not illegal, borrowing records from friends was not illegal, what's the difference?!



    Sometimes I still like the object - the case and box - and consider that a reason to step out of my refusal to buy new occassionally . . . but very rarely does the object (packagind ect) achieve the quality . . .



    So, in sum, better to listen to a band then to have that band go completely unlistened to . . .
  • Reply 55 of 115
    giantgiant Posts: 6,041member
    Quote:

    Originally posted by westonm

    Music is a privilege, not a right



    Actually, it is a right. The whole idea behind copyright is that the public has a natural right that it *partially* gives up for a limited time.

    Quote:

    I mean if I didn't steal one "I cannot afford private jets at all".



    See above. Stealing is wrong. Make a copy.



    Copyright itself is not bad. What's bad is abuse of copyright by copyright holders.
  • Reply 56 of 115
    progmacprogmac Posts: 1,850member
    Quote:

    Originally posted by pfflam

    No . . .



    its like checking records out of the library . . . which is one thing that I do . . . except that it is also like not taking them from the library while taking them so that they remain there to be listened to again by whomever wants to listen . . . I am copying records . . . . I also listen and then tell friends about the records I like and thus provide advertising



    If I could take a private jet while keeping the original in place, and that in doing so I wouldn't be NOT buying a private jet elsewhere then there is absolutely no harm done . . . and no crime.

    Though Private Jets are, in themselves somwhat criminal . . .





    Your that argument that music is very unlike a physical good and is not the same as stealing a physical good is absolutely correct. However, I feel that your argument infers also that the efforts put forth by the artist and various other parties involved in the creation of the music that you enjoy has no value.
  • Reply 57 of 115
    trick falltrick fall Posts: 1,271member
    So if its ok to just make a copy of the music would it also be ok for me to just download and print photographs that I like? Or what about if someone was out their creating pdf's of books? How about movies?
  • Reply 58 of 115
    kishankishan Posts: 732member
    Here is a hypothetical situation. If anyone has knowledge of how current copyright and intelectual property laws apply to this situation, please comment because I am very curious.



    Lets say that I have a circle of five friends. Each of us purchases 1 CD (all different to eachother) brand new from a record store or from Amazon or something. Each then rips the whole CD to their iTunes library. Then each of us sells the CD we originally bought to the next friend for 1 cent (or some other pitifully small amount). Each friend then rips the newly bought CD. This process repeats until we have all ripped all 5 CD's. Has anything illegal been done here?



    What about the issue of used CDs? Can I legally rip music I bought second hand? After all, neither the label nor the artist see any money from reselling CDs.
  • Reply 59 of 115
    omegaomega Posts: 427member
    Quote:

    Originally posted by Kishan

    Here is a hypothetical situation. If anyone has knowledge of how current copyright and intelectual property laws apply to this situation, please comment because I am very curious.



    Lets say that I have a circle of five friends. Each of us purchases 1 CD (all different to eachother) brand new from a record store or from Amazon or something. Each then rips the whole CD to their iTunes library. Then each of us sells the CD we originally bought to the next friend for 1 cent (or some other pitifully small amount). Each friend then rips the newly bought CD. This process repeats until we have all ripped all 5 CD's. Has anything illegal been done here?



    What about the issue of used CDs? Can I legally rip music I bought second hand? After all, neither the label nor the artist see any money from reselling CDs.




    My guess to this situation is that when you sell the CD you have given up the right to have the copy on your computer.
  • Reply 60 of 115
    giantgiant Posts: 6,041member
    Quote:

    Originally posted by trick fall

    Or what about if someone was out their creating pdf's of books?



    You mean like Google?



    Every day my department at a major university library makes a couple hundred pdfs of articles and sends them to both our patrons and the patrons of other libraries around the world. And just think of all of the books we share with other libraries around the world! Perhaps we should cripple academic progress?



    you don't like copying? The rock band (your band?) you have linked in your profile sounds a lot like a whole lot of other rock bands I've heard. Somehow I doubt they were the originators or that none of the chord progressions and/or rhythms have been used in similar music.



    All three examples above are different examples of what could be considered copyright infringement. The last is kind of copying is so common that it's accepted in the music world. However, what you get away with in the music world could at times be called plagiarism in when dealing with written work.
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