iTunes won't make ringtones from some music? Help!

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  • Reply 41 of 48
    aegisdesignaegisdesign Posts: 2,914member
    Kephisto, I think your basic premise is right, that artists need paying for their work. Where I disagree is paying twice (or even three times) for the same work just because you're using the work on a different device than the original licence stated for personal usage.



    The simple test here is that you can rip a CD into iTunes and then sync it to your iPhone and play it. If that is ok, why should you have to do differently with ringtones? If one is right, how is the other wrong?



    I've no problem with companies selling ringtones directly for whatever they want to charge. It's the disparity between using the iPod features of the iPhone and ringtones that is wrong. It's also a disparity that isn't present on most other phones.
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  • Reply 42 of 48
    kephistokephisto Posts: 115member
    Quote:
    Originally Posted by aegisdesign View Post


    Kephisto, I think your basic premise is right, that artists need paying for their work. Where I disagree is paying twice (or even three times) for the same work just because you're using the work on a different device than the original licence stated for personal usage.



    The simple test here is that you can rip a CD into iTunes and then sync it to your iPhone and play it. If that is ok, why should you have to do differently with ringtones? If one is right, how is the other wrong?



    I've no problem with companies selling ringtones directly for whatever they want to charge. It's the disparity between using the iPod features of the iPhone and ringtones that is wrong. It's also a disparity that isn't present on most other phones.



    It’s not paying more than once to use the same work on a different device, it’s paying to use the same work for another purpose. A song is listened to, whether on a CD, radio, TV, computer, or mp3 player. Once you buy a song you should be able to use it on all the previously mentioned devices, as they serve the same purpose – playing your song. You only have to pay for the song once.



    iTunes allows us to rip a CD because under the EULA it more or less says we agree to use CDs that we legally own and that responsibility falls exclusively to us, not Apple. That way we are using the same song on different devices, such as the CD and the computer and the iPhone and the iPod, but for all four it’s using the same song for it’s original purpose – to be listened to.



    A ringtone, on the other hand, has another completely different purpose – it’s to tell you there’s an incoming call on your cell phone. When you switch to another cell phone service (in some cases even switching to a new cell phone) all of the previous ringtones you’ve paid for are lost. The ringtones that you paid for are either to be used exclusively on that cell phone network or that specific cell phone.



    Those that use ways to create ringtones from their music library without paying for it are stealing, whether they want to admit it or not. It’s the person having the use of what they want (the ringtone) without paying for it – which is stealing. Those that didn’t pay for the song in the first place, then create a ringtone from it, are worse.



    How does an artist get paid for ringtones if purchasing a song automatically grants free use of any ringtones created from it? If the artist shouldn’t be paid anything extra at all, as some seem to think, consider this : If (or rather when) people use sections of songs to play when their doorbell is pressed, when they lock or unlock or start their car, or when their voicemail greets a call, or when they get an email, should that be free to?
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  • Reply 43 of 48
    aegisdesignaegisdesign Posts: 2,914member
    Kephisto, that's just not true though.



    Once you've ripped the song into iTunes, you can do more than just listen to it. You can use it in a movie in iMovie, you can edit it in Garageband, you can create a slideshow in iPhoto an mail it to your friends. There's basically no restriction.



    You can even use it as an incoming mail alert in Mail.app.



    How is that different that it needs special restrictions to stop us from using any mp3, even our own?
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  • Reply 44 of 48
    Quote:
    Originally Posted by aegisdesign View Post


    Kephisto, that's just not true though.



    Once you've ripped the song into iTunes, you can do more than just listen to it. You can use it in a movie in iMovie, you can edit it in Garageband, you can create a slideshow in iPhoto an mail it to your friends. There's basically no restriction.



    You can even use it as an incoming mail alert in Mail.app.



    How is that different that it needs special restrictions to stop us from using any mp3, even our own?



    Please allow me to explain, aegisdesign. While you can do such things, like adding songs to your own movies, there's still the difference between your personal and fair use and what must be purchased commercially. If you make a home movie, which includes such music, then you can show it to your friends - legally. However, even if you aren't selling it, if you try to take that same movie to be shown at Sundance you are going to have some serious legal issues. Likewise if you host it on a website and it attracts the attention of those that own the rights to it. You're likely to get a "cease and desist" letter, followed up by some phone calls.



    It may cost thousands of dollars to use even part of a song in a commercial or movie - whether you charge for watching your movie doesn't matter. It's also why YouTube has acted the way it has - many of those that contributed videos do not own the rights to post their content - even if they bought the song or movie that makes up their video, they do not have the legal rights to use it as part of their own work.



    On a small enough scale, however, most people can continue doing just as you've said, using certain songs and videos to further customize their own creations. As for any restrictions that iTunes has, I don't know where Apple is heading - as they have enough problems dealing with the music/movie companies as it is.
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  • Reply 45 of 48
    aegisdesignaegisdesign Posts: 2,914member
    The legal issue is totally irrelevant though. Try again. Explain to me why I can't use any sound sample I want as a ringtone on the iPhone, whereas I can in Mail.app.
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  • Reply 46 of 48
    kephistokephisto Posts: 115member
    Quote:
    Originally Posted by aegisdesign View Post


    The legal issue is totally irrelevant though. Try again. Explain to me why I can't use any sound sample I want as a ringtone on the iPhone, whereas I can in Mail.app.



    The quick answer is AT&T offers ringtones for their cell phones and by partnering with Apple they made sure the iPhone would prevent people from doing what you're suggesting.
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  • Reply 47 of 48
    aegisdesignaegisdesign Posts: 2,914member
    Quote:
    Originally Posted by Kephisto View Post


    The quick answer is AT&T offers ringtones for their cell phones and by partnering with Apple they made sure the iPhone would prevent people from doing what you're suggesting.



    Exactamundo!



    Nothing to do with legalities, everything to do with bending over for the carriers.
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  • Reply 48 of 48
    kephistokephisto Posts: 115member
    Quote:
    Originally Posted by aegisdesign View Post


    Exactamundo!



    Nothing to do with legalities, everything to do with bending over for the carriers.



    That's one way of looking at it, hehe.
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