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Tension Between Record Labels And Digital Radio

An anonymous reader writes "Now that digtial radio devices are allowing recording of shows, you knew it wouldn't be long before music executives started raising a fuss. They're worried that users will prefer to record the high-quality audio (for free) to buying a download or CD." From the article: "For now, the Recording Industry Association of America is in negotiations with satellite radio companies and is opening discussions with radio broadcasters over specific products. But over the long term, the music industry says, Congress should find a way to regulate these new digital radio networks so labels can get paid when consumers keep copies of songs, as is the case with iTunes."

30 of 329 comments (clear)

  1. Fair use? by Bananatree3 · · Score: 5, Insightful
    But over the long term, the music industry says, Congress should find a way to regulate these new digital radio networks so labels can get paid when consumers keep copies of songs

    Isn't it considered "fair use" to record a broadcast for personal use? This is exactly like someone recording a TV show with their VCR. Nor is it any different then hooking up a radio to a tape recorder and recording favorite music. I guess the RIAA bigwigs fear anything that makes it "convenient" to record a broadcast.

    In light of that, I sure hope they don't start pushing Congress to put DRM chips in every audio recording device out there like MPAA's anti-"analog hole" chip push.

    1. Re:Fair use? by Guppy06 · · Score: 5, Insightful

      "Isn't it considered "fair use" to record a broadcast for personal use? "

      "Fair use" is based on the ol' Supreme Court Betamax decision. Unless and until you're able to find a constitutional basis for "fair use," however, Congress can pass a law overturning the court decision. Basically, the court saying "It's not against the law" leaves the door open for Congress to change what the law says.

    2. Re:Fair use? by Raistlin77 · · Score: 3, Insightful

      Don't forget to add that XM/Sirius is also not free. So like iTunes, we XM/Sirius subscribers are paying for this content.

    3. Re:Fair use? by david+duncan+scott · · Score: 2, Insightful
      Yes, but paying whom?

      If I swipe your lawnmower and sell it to your neighbor, does he get to keep it because he paid for it?

      --

      This next song is very sad. Please clap along. -- Robin Zander

    4. Re:Fair use? by kfg · · Score: 2, Insightful

      I wonder where our current creative interpretation that copyright trumps the 1st amendment came from?

      Follow the money.

      KFG

    5. Re:Fair use? by drauh · · Score: 2, Insightful

      great. any finite time is less than forever. talk about a case for more rigorous mathematics education... and i'm only being partially facetious, here.

      --
      This is a tautology.
    6. Re:Fair use? by teknomage1 · · Score: 2, Insightful

      How the hell did you copy a lawnmower?

      --
      Stop intellectual property from infringing on me
    7. Re:Fair use? by cliffwoolley · · Score: 2, Insightful

      In my humble opinion, FM radio sounds substantially better than the digital satellite radio I've heard. The compression artifacts in the digital radio with that low a bit rate are VERY apparent to any kind of moderately discerning listener. One particularly annoying problem is that the highs (e.g., cymbals) get to sounding really "crunchy". To me, it's the radio equivalent of having somebody run their fingers down the chalkboard. It's that bad. At least with FM radio (that's properly modulated) the worst of the problems is a propensity for excessive bassiness. I can live with that a lot more readily than I can distorted highs.

      Why I could possibly want to both pay for the satellite service AND record it for posterity is beyond me. I'd rather just buy the CD and have it sound the way it was intended.

    8. Re:Fair use? by sumdumass · · Score: 3, Insightful

      Well the disney movies and the news articles are trying to use someone elses speech. It isn't really your free speech.

      The documentry issue as well as the others have an exception to the copyright clause in some cases. But as you stated it probably is a hassle to use those exceptions. Still i'm not seeing the link between your free speech rights and the use of someone elses materials or content.

      I belive that educational use in copyright law allow for material to be used in an educational form. The study of racism, etc, should be covered by that if you can find an existing copy. I'm not sure if the first amendment would compell someone to copy somethign just so you could review it though. Of course this is my opinion from reading it directly and not taking into acount for any interpretations that may exist.

    9. Re:Fair use? by Breakfast+Pants · · Score: 2, Insightful

      "There is certainly no justification whatsoever for copyright protection to last beyond the creator's death." Please qualitfy this. If I copyright something today and die tomorrow, why shouldn't my estate be allowed to receive the copyright? If I had lived an extra day what would that change that my copyright should last an extra day than if I hadn't?

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    10. Re:Fair use? by Yartrebo · · Score: 2, Insightful

      The Disney examples are relevant because they're perfect examples of the military-industrial complex. It's also why Disney hates people mentioning the films. The films are the primary sources. Not copying parts (or the whole) of the film is like writing a paper using only secondary sources. It's far less credible. It's like writing a paper about Soviet or Nazi propaganda without having the propaganda materials available to corroborate your claims.

      Virtually noone watches those films for pleasure. Today, they're entirely political and historical.

      Well the disney movies and the news articles are trying to use someone elses speech. It isn't really your free speech.

      The disney examples are generally attacking Disney and the US government, and are in a totally different class, but here's to addressing the later: Free discourse should not put any hinderences to expression. Often the easiest way to express oneself is to reference or flat out copy (with attribution) already written statements. Blogs are good example of this in practice.

      Oh, and I can add another item to the list of copyright vs. free speech: Scientology. Look up http://www.xenu.net/ for how they use copyright to sick lawyers at their critics.

  2. Stop fighting technology and USE IT by Beuno · · Score: 3, Insightful

    I think they should stop fighting technology and start using it as a buisness model...

  3. Haven't you bought it already... by linuxpng · · Score: 3, Insightful

    When you subscribe to XM or Sirius?

    1. Re:Haven't you bought it already... by J_Darnley · · Score: 1, Insightful
      I believe that you pay to cover the bandwidth you use.
      Congress should find a way to regulate these new digital radio networks so labels can get paid when consumers keep copies of songs
      I like that the way this is put. Paying the record lables and not the artists.
  4. Say what? by Guppy06 · · Score: 5, Insightful

    "But over the long term, the music industry says, Congress should find a way to regulate these new digital radio networks so labels can get paid when consumers keep copies of songs, as is the case with iTunes."

    So they want to be paid by both the broadcasters and the listeners? Paid twice for the same product? If that's the case, will the RIAA be charging broadcasters less money for broadcasting songs with the metaphorical broadcast flag set, or will the prices continue to remain as high as they are even though they'll also be seeing money from recorders?

    The US has the best legislature money can buy!

  5. The don't allow satellite radio to broadcast it by vijayiyer · · Score: 4, Insightful

    The recording industry chooses to allow satellite radio broadcasts. They can choose not to, if they feel it helps their business. But there is no need for federal regulation just because the recording industry can't figure out how to run their business effectively.

  6. Re:Nothing new here. by THESuperShawn · · Score: 3, Insightful

    But this is not about Internet broadcasts. This is about satellite broadcasts that the user has already purchased the right to listen to. Who is to say the he/she cannot timeshift that music to listen to it an a more appropriate time. I pay a monthly (yearly in my case) fee to listen to premium satellite content. I will NOT pay an additional fee to be "allowed" to listen to it again or record it.

    --
    Repant. Thy end is sheer.
  7. Their chunk by rbrugman · · Score: 2, Insightful

    The recording industry wants a piece of everyone's pie. It won't be long before they send in lawyers for singing their music in the shower.

  8. Already paid by stations by ^Z · · Score: 5, Insightful

    Radio stations pay to RIAA and suchlike for broadcasing rights already. This is where the music is sold. If RIAA thinks it is underpaid, it could try to raise the price for the stations.
    Why add another piece of legislature?

    --

    Computers make very fast, very accurate mistakes

  9. How about some common sense here? by Tsar · · Score: 2, Insightful

    Let's establish a rule of conduct: If you make it a point to attack and publicly castigate developers who don't follow the GNU license, you should NOT attack RIAA for protecting their own IP rights, or for publicly discussing options for doing so. If in doing so they use some tactic that you think is wrong (Sony's rootkit disaster for example), go after that behavior, don't deny their right to defend their own intellectual property.

    So you don't think RIAA should have a stranglehold on music distribution? Don't give it to them then! Support local artists, independent songwriters, open-source music! Stop taking the easy way out and expecting others to pay for it.

    If all the hype about Ashlee Simpson makes you want her music, you should expect to pay more for it, because hype costs money. If you're sick of the hype, well, don't patronize it. Don't steal RIAA's stuff and fool yourself into thinking that you're taking a moral stand by doing so.

    Does this really seem like rocket science to anyone?

    1. Re:How about some common sense here? by Detritus · · Score: 3, Insightful

      Your train went off the rails when you started with the assumption that the record labels have absolute IP rights to the music that they sell. Copyright is a time-limited privilege, granted to further the public interest, not to enrich the "owners" of IP.

      --
      Mea navis aericumbens anguillis abundat
  10. Re:That's technology for ya by denissmith · · Score: 2, Insightful

    The RIAA does not want to stop the digital revolution, they want to own it. Law is the way to own it. If you survey the history of the Commons, and of the Government"s willingness to transfer the commons to a specific, well-financed, private interest ( thereby legally robbing the original owners of their rights and interests)you would be less sanguine about the matter. Microsoft and Google are happy to abet the Chinese government in censorship, and not consider it evil, either, so what makes you think that any of the ECONOMIC interests are going to resist DRM? Who is going to lobby Congress on our behalf? And the Supremes? - they haven't been the same since Diana Ross went solo. They could easily drop Betamax. You only need to lose a right once before it ceases to be a right.

    --
    I have nothing to hide. So, why are you spying on me?
  11. Congress SHOULD pass a law by clambake · · Score: 4, Insightful

    Congress should find a way to regulate these new digital radio networks so labels can get paid when consumers keep copies of songs

    While they are at it, how about passing a law so that MUSCIANS can get paid when then labels sell their music?

  12. Fuck it by HalAtWork · · Score: 5, Insightful
    Fuck it. With the huge steaming crock of garbage being the radio as-is, I don't even want to listen to it. Commercials everywhere, songs fading into each other or DJs talking over the song, or even just the song being cut off early. I don't want to listen to partial songs, I don't want to listen to annoying nagging people in between songs or overlapping songs. I don't want to listen to the shitty selection most stations play, especially considering that they only play singles and never any of the other tracks on an album. There are some great tracks that have never even been aired, probably, or at least 1% of the time when they're not recycling singles. But that's AM/FM radio.

    So now, I have to pay for radio so I can hear it the way it's meant to be. But I can't even record some songs I like so I can hear them again? What about fair play?

    See, it's just not even worth it. You might as well just be buying CDs because you actually get to control some of what you pay for. Control is key because then you can enjoy it when the mood strikes you and not have to work around something just to get your way. I don't care about the difference between buying something and licensing it. If I pay money, I expect SOMEthing to go my way. Anytime the distributors get involved with anything, they want to control it and get me to pay more than I would have for what I thought was fair and enjoy it on my terms. But somehow the distributors get uptight whenever things aren't on their terms. Is that what the artists want? Do they even care?

    In the future, will there be such a thing as a commercial format with wide distribution that doesn't restrict the user in some way, preventing them from enjoying it on their terms? It seems to me that there won't, because if a user enjoys something on their terms, distributors can't start charging you when you want to do something else with it that you hadn't intended on at the point of purchase. Say you bought CDs, and after that you bought a portable digital audio jukebox. Naturally you want to put your fucking music on there and carry it around with you, but that won't be possible. This is garbage.

    Just preview tracks online, through P2P or whatever, and then buy what you like. Am I really insane for doing this? Fuck the distributors. They're insane.

    1. Re:Fuck it by evilviper · · Score: 2, Insightful
      I don't want to listen to the shitty selection most stations play, especially considering that they only play singles and never any of the other tracks on an album.

      You've been listening to Clear Channel stations far too much... Find an independant radio station on the dial, and you'll find they don't have some automated list of the lowest-common-denominator songs, repeated 15 times every single day.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  13. I wish I had some mod points... by Hamster+Lover · · Score: 3, Insightful

    This my thinking exactly. What are radio stations paying for if the end consumer has to pay again for the same material?

    Moreover, I don't think a 64 Kb/s stream from Sirius or XM qualifies as a "high quality recording". From what I've heard it's better than AM radio but worse than FM when it comes to audio quality.

  14. Bad distributor. No donut! by scoove · · Score: 5, Insightful

    I guess the RIAA bigwigs fear anything that makes it "convenient" to record a broadcast.

    You know, we need to take a step back. The parties the RIAA represents are distributors. Many industries have distributors - people that help match buyers with sellers and add expense to the process. Distribution as a viable business often emerges when it is difficult to put the buyer and seller directly together. It dies when new technologies develop that make this easy.

    Consider Geico. They sell insurance directly to consumers, bypassing agents. Their model is to cut out the middleman and save the 15-20% overhead associated with distribution, keeping much of that and giving enough of that savings to the consumer to have a competitive advantage.

    Should an angry army of insurance agents band, form a trade association, restrain trade, intimidate consumers and fight progress? That'd be absurd. A good friend of mine owns an insurance agency and he's found the way to compete is not suing his customers, but rather proving higher levels of service. He actually saved me 15% off of Geico which I was previously with, and provides me with a lot of expertise and attention in my insurance policies I never got with the direct model. Insurance is actually a market where knowledge is valuable and many consumers will pay a bit more to benefit from it.

    Dell has cut out the middleman too. Do you see Best Buy suing all of us for going direct? Of course not. Compete or die. Countless other industries have gone between the flux of direct and distribution. The science comes down to this: When you add value to the consumer that exceeds the additional cost through the distribution process, the consumer will naturally buy through distribution. If you don't add more value than cost, they will bypass you.

    The recording industry is cranking out tired artists, relying on a model of selecting a limited set of musicians and "putting lipstick on the pig" through aggressive marketing to sell the stuff. Worse yet, their distribution adds exceptional cost - more than double the original cost that goes to the artist (most of the cost to the consumer is to the distributor - this is a hint that the process is out of control), yet their product is less convenient to the consumer than the direct option. They're adding cost and inconvenience, not any added service. Unfortunately the distribution/direct paradigm has shifted due to technology and they're adding cost with no value. Excluding anticompetitive practices, litigation and legislation based on gifts to corrupt politicians, they will die... unless they can provide value once again that exceeds the cost they add to the product.

    *scoove*

  15. But its *not* an annuity by tkrotchko · · Score: 3, Insightful

    "our livelihood and our families' annuity. "

    But it's not.

    I don't have a problem with authors and musicians making a living on their works, but I don't see where copyright was meant to be an annuity down through the generations.

    At best, copyright was meant to give a person enough to encourage them to be more creative because it allows them the means to live and work as a creative person. We all benefit.

    But what benefit is there to society that Elvis's daughter makes money from his songs? I don't mean that in the socialist sense, I simply mean that copyright is not a natural law. Its a device of law that people decided society was better off giving authors a limited monopoly to prevent unauthorized copying. Therefore, you can't make the argument that there is somehow a natural law that establishes ownership of a creative work for all time.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  16. Congress interference good or bad? by ElectroBot · · Score: 2, Insightful

    Why is that every time someone (person, corporation or an entity) does something that a corporation doesn't like, they instantly need laws protecting them and their business?

    But when we, the consumers, want some laws changed/created corporations always object and usually win?


    One of these days (hopefully soon) they'll realize that you can't always have your cake and eat it too.

  17. Re:That's technology for ya by denissmith · · Score: 2, Insightful

    Well, that is the crux of the issue isn't it? What rights are inalienable to you as a human, and what rights are yours because government GRANTS them to you. The American premise WAS that all rights were inherently yours, and that government was granted powers from the people. I guess somewhere we lost that understanding, and we are slowly succumbing to the idea that the people have only the rights that they have been granted. All of these rights exist only insofar as the constituted authority respects them. Next time you hear someone say "the Constitution doesn't protect a right to...", or "it's not a right, but a privledge...", you are listening to someone running rough-shod over your rights.

    --
    I have nothing to hide. So, why are you spying on me?