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CRIA Falling Apart?

An anonymous reader writes "Apparently, the CRIA (Canadian Recording Industry Association) has been falling apart recently. The biggest blow occurred when 6 major Canadian independent labels quit which was followed by some problems with the Copyright Board. Of course, this is all happening after the whole Sam Bulte incident. The article explains what happened with plenty of links for specific information."

242 comments

  1. On behalf of Canadian Musicians... by themusicgod1 · · Score: 3, Funny

    Victory is Ours!
    BwahahahahahahahA!!!!!!11

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
    1. Re:On behalf of Canadian Musicians... by dhoonlee · · Score: 0, Flamebait

      How is this insightful? I hate the RIAA as much as anyone, but the parent post doesn't contribute anything.

    2. Re:On behalf of Canadian Musicians... by fbjon · · Score: 3, Funny

      He was merely describing the joyfulness in the air, as they go down in a CRIA of pain.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    3. Re:On behalf of Canadian Musicians... by Pieroxy · · Score: 2, Interesting

      What is the Sam Bulte incident anyway? (Not trolling, I just don't know)

    4. Re:On behalf of Canadian Musicians... by LilGuy · · Score: 0, Flamebait

      Wow.. you must be a typical slashdot frequenter. If you RTFA you'd know.

      --

      You're nothing; like me.
    5. Re:On behalf of Canadian Musicians... by hswerdfe · · Score: 4, Informative

      from what I can gather from the "InterWeb"

      http://www.lpco.ca/sambulte/about.aspx
      http://www.michaelgeist.ca/index.php?option=com_co ntent&task=view&id=1058&Itemid=89&nsub
      http://www.boingboing.net/2006/01/23/hollywoods_mp _loses_.html

      she is a former MP for the liberals who got lots of funding from the hollywood, and was in favour of stronger copy right.

      she lost her bid for re-election.

      --
      --meh--
    6. Re:On behalf of Canadian Musicians... by DerekLyons · · Score: 1
      What is the Sam Bulte incident anyway? (Not trolling, I just don't know)
      As near as I can figure, from following the links, a tempest in a teapot. Some figures in the Canadian activist industry chose her as their poster child - and she declined to accept their invitation. (Just like in the US and here on Slashdot the activist press makes out like the whole world hangs on their every press release. They don't.)
    7. Re:On behalf of Canadian Musicians... by Anonymous Coward · · Score: 0

      Was the link in the article not enough for you? Or did you decide to come post a question on Slashdot and wait for an answer instead of following the link and reading the next article?

    8. Re:On behalf of Canadian Musicians... by carlos92 · · Score: 1

      I also did RTFA and followed the link and, not being from canada or the US, I didn't understand who she is and what she did.

    9. Re:On behalf of Canadian Musicians... by IgnoramusMaximus · · Score: 1
      She is a Canadian Liberal (the Liberal Party) Member of Parliment (MP) who had CRIA and other big multi-nationals organize her a $250 a plate fund-raiser, at which she gave speaches accusing any pro-consumer stance in the copyright disputes as "laughable pro-consumer zealotry" and where she promised to push through the Parliment a set of bills which reflect the interests of the multi-nationals exlusively.

      The incident was publicised and added to an already severe baggage the Liberals were dragging and resulted in her loss in the elections.

    10. Re:On behalf of Canadian Musicians... by ceoyoyo · · Score: 1

      What I got out of a Google search is that she decided to become a crusader for the music industry and stronger copyrights, then her electorate declined to have her as their representative in parliament in the last election.

    11. Re:On behalf of Canadian Musicians... by IgnoramusMaximus · · Score: 1
      She was a Member of Parliment (think: Congresswoman) for the Liberal Party of Canada (slightly to the right of center party -- although they tend to wobble to the right and left spectacularly all the time), who decided to get in bed with multi-national media companies, got a $250 per plate fund-raiser organised by them for herself, and promised in a speach in that fund-raiser to crusade on behalf of these multi-nationals, calling all those who oppose them "consumer rights zealots" and the like.

      The electorate disagreed and she has lost the elections in a horrible way (the fact that the Liberal party was in trouble already didn't help her either).

    12. Re:On behalf of Canadian Musicians... by DerekLyons · · Score: 1
      What I got out of a Google search is that she decided to become a crusader for the music industry and stronger copyrights, then her electorate declined to have her as their representative in parliament in the last election.
      What my comment referred to, is that it's unclear the two are related in any fashion - beyond the press releases of the activist press.
    13. Re:On behalf of Canadian Musicians... by ceoyoyo · · Score: 1

      Ah, I understand. It's hard to say... I'm sure she wasn't the sole reason for those labels leaving the CRIA, but it's not unreasonable to suggest the incident might have had an influence on their decision. The straw that broke the camel's back maybe.

    14. Re:On behalf of Canadian Musicians... by stinerman · · Score: 1

      ... for the Liberal Party of Canada (slightly to the right of center party ...

      You forgot to convert to American political units. On our political spectrum, the Conservatives are about as far left as mainstream Democrats, so that'd make the Liberals among the likes of the "radical left" of Dennis Kucinich, John Conyers, Barbara Boxer, etc.

      I don't even want to think about where the NDP would fit.

    15. Re:On behalf of Canadian Musicians... by IgnoramusMaximus · · Score: 1
      You forgot to convert to American political units.

      It is exceedingly difficult to do so as the "left-right" method of description of political affiliations is crude in the extreme. Some of the policies of the Conservatives are positively neo-con, while some others are left of the Democrats. I personally think we need to come up with some other, more precise but yet concise method of describing these things.

  2. Tear down the wall! Tear down the wall! by Anonymous Coward · · Score: 2, Insightful
    Tear down the wall! Tear down the wall! Tear down the wall!

    We are the listeners!

  3. mod parent up by themusicgod1 · · Score: 0, Offtopic

    [nt] lameness filter

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  4. Confused by wolf369T · · Score: 3, Funny

    Oh, it's *CRIA*... I thought it was *RIAA* :(

  5. Re:CANADA by ArsenneLupin · · Score: 0, Offtopic
    it can be summed up in aboot one word: eh


    You forgot the question mark.


    Canada - we put the .ca into g**ts*.ca

  6. Oh no... by daddyrief · · Score: 0

    Not the horrid Sam Bulte incident... I remember that made headline news. Couldn't sleep for weeks.

    --
    "Banking establishments are more dangerous than standing armies." -Thomas Jefferson
  7. Not to worry, true believers! They'll be back by BadAnalogyGuy · · Score: 4, Insightful

    The current situation is just that they want to distance themselves from the bad press of the moment, eh. In a year or so they'll be back and better than ever, the hosers.

  8. Artists just want to be heard by Anonymous Coward · · Score: 5, Interesting

    Most artists just want to be heard.
    Their music should be considered free advertising for their art form, and hope to get enough interest to then go on tour.
    It saves them time running around town sticking flyers up on walls.
    P2P networks provide the free distribution.
    Artists win by selling concert tickets, putting on a great show so people want to come back, and sell t-shirts, posters.
    They get 100% of the revenue and greedy corporate bastards have to go find a new job that actually creates products.
    Why isn't the old school gone yet?

    1. Re:Artists just want to be heard by kfg · · Score: 1

      Why isn't the old school gone yet?

      They converted it into condos.

      KFG

    2. Re:Artists just want to be heard by Anonymous Coward · · Score: 0

      > Most artists just want to be heard.

      and have the lifestyle of successful artists, which (if you include the interesting bits) don't come cheap. Needs money.

      > Their music should be considered free advertising for their art form, and hope to get enough interest to then go on tour.

      I believe that their are quite a few of them stuck on the idea of making pots of money from selling recordings too.

      > It saves them time running around town sticking flyers up on walls.

      Right. We employ someone to do that once we are out of the ditch. With money.

      > P2P networks provide the free distribution.

      Cool. If it saves me money, great. Cut out the middleman. I still get my money right?

      > Artists win by selling concert tickets, putting on a great show so people want to come back, and sell t-shirts, posters.

      That's another way we make money.

      > They get 100% of the revenue and greedy corporate bastards have to go find a new job that actually creates products.

      100% minus the costs of all of the people that are employed to make it happen. Including sales and marketing people, managers, technicians, accountants, equipment suppliers etc. Greedy corporate bastards? Who can tell.

      > Why isn't the old school gone yet?

      I guess they're still making money. When that stops, they'll be gone.

      That's the thing about commercial artists, they need an infrastructure like any other vendor of products or services. Of course the internet provides new lost cost mechanisms for content distribution and other things. But unless you are one of "those" artists that does everything themselves you'll probably fall into the "trap" of running a business and depending on other businesses to help you peddle your wares. Middlemen still play an important part of most enterprises. Of course, they are being squeezed and will have to change (perhaps delivering more value), but I think that it's naive to suggest that middlemen provide no value and will inevitably die.

      Of course, I could just be talking nonsense instead of working.

    3. Re:Artists just want to be heard by patricksevenlee · · Score: 1
      That is just ridiculous. You are obviously not involved in the production of music at all. Do you know how much it costs to record? And I'm not talking about half-baked home demos on prosumer gear (even that's not as cheap as one would think). I'm talking about using vintage Neumann microphones, Neve preamps, Urei compressors, high end (ie. Apogee, Lavry) converters etc etc etc?

      Contrary to popular belief, making a decent sounding recording still is expensive, not just in price but also in time. To expect someone to give it away for free is ridiculous.

    4. Re:Artists just want to be heard by Anonymous Coward · · Score: 0

      Why isn't the old school gone yet?

      Yes, they have been replaced by the new school.

      The new school is not talented as the old school but they don't care because they are perefectly happy being admired for how hot they look on stage singing stuff from the old school.

      The new school's dream is to produce one great STUDIO album that can earn them royalties for the rest of their lives. What you say, "Work for a living"? What is that?

      The new school's dream is to get fan mail every day and when the fan mail starts to slow down, THEY WILL GO ON TOUR again. To promote themselves and their studio albums, that is.

      The new school doesn't care how much they get shafted by the *AA's, just so long as they have the mula to buy a BMW, a large house by the ocean and lots of cocaine. Some things never change...

  9. The web site the article is on could be in trouble by Anonymous Coward · · Score: 0

    A tad off topic, but it appears this site is hosted in the good ol' USA. On left bar, they have links pointing to a bunch of bittorrent sites. Correct me if I am wrong, but doesn't the DMCA forbid this? Didn't 2600 get in trouble for providing links to DeCSS? So wouldn't the same apply here? Or maybe they fooled even me and are not in the States at all.

  10. So what? by slashdotmsiriv · · Score: 0, Offtopic

    ok ... I believe you, CRIA is falling apart.

  11. Oh noes. by LordLucless · · Score: 5, Funny

    CRIA me a river.

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    1. Re:Oh noes. by Amouth · · Score: 1

      ok you win.. i am not going to even try

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    2. Re:Oh noes. by zaguar · · Score: 2, Funny
      My lawyers and you need to talk.

      Sincerely,
      Justin Timberlake.

      --
      "Sure there's porn and piracy on the Web but there's probably a downside too."
    3. Re:Oh noes. by Anonymous Coward · · Score: 0

      You win one (1) internet for that comment, sir.

  12. Same shit different pile by themusicgod1 · · Score: 2, Informative

    both are merely fronts for the interests of their umbrella group

    Progress against any of them is progress against all of them. With any luck, a sufficient defeat in Canada will allow Canada to get a foothold in the world music industry for the near future as the old guard is defeated in a long series of battles.

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
    1. Re:Same shit different pile by Firehed · · Score: 1

      Hmm... you think that if the IFPI wanted us to take them seriously at all, they'd have what the hell that stands for *somewhere* on their website. Agreed though - progress is progress, just like how as soon as someone successfully defends an RIAA lawsuit (or better yet, lodges a successful countersuit), they'll never be able to win again.

      --
      How are sites slashdotted when nobody reads TFAs?
    2. Re:Same shit different pile by ozmanjusri · · Score: 4, Informative
      Hmm... you think that if the IFPI wanted us to take them seriously at all, they'd have what the hell that stands for *somewhere* on their website.

      Will you take them seriously now that you know IFPI stands for "International Federation of the Phonograph Industry"? It's an appropriately anachronistic name for an organisation determined to block progress in music distribution.

      --
      "I've got more toys than Teruhisa Kitahara."
    3. Re:Same shit different pile by dwandy · · Score: 5, Insightful
      too many lies to count... but anyways...

      Copyright is the means by which a person or a business makes a living from creativity.

      not today. Today copyright is how businesses steal 'ownership' from artists.

      Copyright also protects culture ...

      bullsh*t. Copyright puts culture under the lock and key of a corporation for their own profit, not for the protection of the culture. There's plenty of culture that is currently unavailable to us because the 'owner' doesn't see a profit. how exactly is that 'protecting' it in any good way?

      ...and fosters artistic integrity.

      right. that's why when an artist is signed to a label who owns them and their work they always remain true to their roots and never produce works as they are told to. sure.

      This gives talented people the incentive to create great works...

      Firstly, there is absolutely no evidence that without copyright 'great works' would not be created, in fact shakespear worked without the benefit of copyright, and has arguably created some of the greatest works of all time. Secondly; talented, creative people can no more not-create than they can not-breathe. It's in their blood. It consumes them. It drives them. They require no outside incentive.
      And if it's all about incentive, how does retroactively extending copyright (Sonny Bono Copyright act) increase their incentive? It's already made! no further 'incentive' is necessary... Clearly it's about money, not creativity.

      Copyright has underpinned an extraordinary modern economic success story, accounting for tens of millions of jobs worldwide.

      There's two possibilities here: Either copyright has created the correct number of jobs (i.e. the same as without) or copyright has created an innefficient system where the consumer is paying too much (in order to pay for the bloat, i.e. the *extra* jobs created)
      If it's the first case, than copyright has done nothing, and is irrelevent. If it's the second, than we have done ourselves and economic disservice...

      The dramatic growth of the artistic, cultural and other creative industries in today's major economies would have been impossible without the strong levels of copyright protection that those countries have developed over many decades.

      Proof please.
      Again, there is absolutely no evidence that copyright has in any way increased the quantity of artisitic creativity anywhere. What there is, is proof that creativity happens without copyright, and there is proof that copyright generates monopoly profits for corporations who become larger and more powerful and demand tighter copyright controls for their own profits.
      I'm going to postulate that the real reason that there is more recorded art today is for a few other reasons:

      • Increased leisure time for the masses (increases both the time for people to create and consume art)
      • Increased ease of access (thanks to recordings, and modern transportation, including the steam engine, internal combustion engine, the airplane and last (but not leastly) digital media and digital transports),
      • Decreased creation costs. Joe six-pack can have a semi-professional recording studio in his basement, write a book and self publish etc etc. i.e. The production costs have dropped to really really cheap

      I would argue that the creative work that will have the most impact on society this century will have been created largely by people who will never be monetarily compensated, will be consumed by people who will never even say thanks, and yet will continue to evolve, to be worked on and yes to be monetized. That creative work is known as GNU/Linux, but comprises a larger scope of work that can also be called Open Source, or Free Software.

      So all we really do get

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    4. Re:Same shit different pile by CRC'99 · · Score: 1

      Will you take them seriously now that you know IFPI stands for "International Federation of the Phonograph Industry"? It's an appropriately anachronistic name for an organisation determined to block progress in music distribution.

      Just think, in this day and age, it'd be more like "What's a phonograph? and why does it have to be protected?"

      I wonder if it'd be just as silly concept to have these groups to protect things like manual printing presses, and then try to extend that to everything from typewriters, to photocopiers to the modern printing presses.

      --
      Sendmail is like emacs: A nice operating system, but missing an editor and a MTA.
    5. Re:Same shit different pile by Anonymous Coward · · Score: 0

      Well, so long as we're picking nits...

      "not today. Today copyright is how businesses steal 'ownership' from artists."

      Now, I know it is fashionable to bash corporations here on Slashdot, but, you really should try to be accurate, if you re-phrased this as "not today. Today copyright is how some businesses steal 'ownership' from some artists.", you'd be better off. Certainly you're not trying to claim that all businesses steal from all artists, are you?

      In addition, there are many things that aren't created by "artists" that are copyrighted. This post, for example, is copyrighted by default.

      "bullsh*t. Copyright puts culture under the lock and key of a corporation for their own profit, not for the protection of the culture."
      Another generalization - copyright puts some culture (that which is owned by the corporation), under lock and key. You are free to release your culture under any terms you wish.

      In addition, it puts it under lock and key for individuals that wish to protect their creations - are you arguing that they shouldn't be permitted to do so?

      "There's plenty of culture that is currently unavailable to us because the 'owner' doesn't see a profit."
      That's their right, under current law. Don't like it? Work to get the laws changed... and if you think you can't, how do you know until you try?

      The truth is, all most people that whine about copyright abuse on the part of corporations do is just that: Whine.

      "Clearly it's about money, not creativity."
      You say that as though it is a bad thing, and as though the two are diametrically opposed. They aren't, nor need they be.

      Oh, finally, I just have to do this:
      "Proof please.
      Again, there is absolutely no evidence that copyright has in any way increased the quantity of artisitic creativity anywhere."

      And, there's absolutely no evidence that it hasn't. See how easy it is to say things like that?

      But, I have to admit, your post is far more literate than most of the anti-corporate, pro-copyright infringment mob that posts here, and even though I think you're wrong, I at least read it in its entirety.

      The real solution to this mess is in your hands, and that of every Slashdot reader that is against the way copyrights work now - work to change it. Organize, write letters, send email.

      There are a lot of you, apparently - enough to make a difference if you really care to try.

      But, most here don't - all they really want is to be entertained for free and posting about what is wrong costs nothing as well.

    6. Re:Same shit different pile by dwandy · · Score: 2, Insightful
      too bad you're AC ... hope you find this response nonetheless.

      if you re-phrased this as "not today. Today copyright is how some businesses steal 'ownership' from some artists.", you'd be better off.
      Sure. You can liberally add "some" to various statements if it makes you feel better. By the absence of the word "all" the word "some" can be implied, I've got no issue with that. Certainly there are businesses out there that don't completely f*!over their artists, but we're not really talking about the minority here.

      In addition, it puts it under lock and key for individuals that wish to protect their creations - are you arguing that they shouldn't be permitted to do so?
      Well, I'm saying that the only protection you need is the right not to release it. It will be 100% protected if it's not released. Now I know that people will instantly jump on this and say that I'm obviously deranged/mean/I-suck, whatever. Then people will say that it is precisely to get the music released that we have copyright, and without copyright we lose that music (by the very logic I just used).
      The problem is that it doesn't actually work that way.
      Artists make art, and when they start, before they get corrupted by a big corporation in a fancy cadilac car, they have only this music inside them that needs to get out. Sure, once someone comes and offers them a ton of cash (or seems to offer them a ton of cash) why not take it?

      The truth is, all most people that whine about copyright abuse on the part of corporations do is just that: Whine.
      Well, that is what it's called when the public does it. When the C/RIAA does it it's called lobbying, and is well funded.
      "Clearly it's about money, not creativity."
      You say that as though it is a bad thing, and as though the two are diametrically opposed. They aren't, nor need they be
      hmm ... I'm going to say that they are opposed ... quite possibly diametrically opposed. If creativity is subject to profitability, doesn't profitablilty dictate what is creative?
      And, there's absolutely no evidence that it hasn't. See how easy it is to say things like that?
      Correct. I never argued it did, merely that we are paying a system to incent creativity when creativity exists without copyright.
      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    7. Re:Same shit different pile by crabpeople · · Score: 1

      brilliant post.

      --
      I'll just use my special getting high powers one more time...
    8. Re:Same shit different pile by Citizen+of+Earth · · Score: 1

      IFPI stands for "International Federation of the Phonograph Industry"?

      Pornography Industry? I though they loved the Web!

    9. Re:Same shit different pile by geekoid · · Score: 1

      Copyright protects the artist. The fact that an artist willingly signs it away is another issue.

      Talent gets you know where, developing skill is what you need to do. With out the insentive to develop the skill, a person with 'talent' will never create anything.

      For some people, there insentive to develop skill is the joy of creating, for others it's cash.

      Yes, we love to put artisit on some high platuea far above things like 'money' or 'commercialism'. That is really incorrect. In fact, as soon as an artisits starts creating for money they have some how sold out.

      There are good authors(i.e. lots of book sales) that do it for the money.

      "If creativity is subject to profitability, doesn't profitablilty dictate what is creative?"

      It may dictate what is created, but not what is creative. The great things is people get bored with the same ol' same ol' so there is always a market for new things.

      Copyright will be a huge benefit for artisits as the old model dies away and it becomes a lot more esier to self publish and self promote. If copyright went away, those largeindustries wuld just use other peoples material without ANY compensation.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    10. Re:Same shit different pile by dwandy · · Score: 1
      Copyright protects the artist. The fact that an artist willingly signs it away is another issue.
      Once upon a time in a far away place that statement might have been true.
      Today, it is very difficult (some would say impossible, but I don't think quite impossible) for an artist (musician specifically) to publish and become a $million success without the big labels.
      There's a long line of reasoning behind this (and I'll type it all out if you insist!) but the short version is that people like what they currently listen to, the big labels own what you listen to, the big labels control what is played in radio, and unless you play with the big labels you are unlikely to get any quantity of air time. As radio remains the number-1 way people hear new music, you need to sign up with the big label to get air-play, and once you sign up, the copyright is theirs, not yours.
      In short: any new mode of delivering new music to people is doomed because it doesn't have the current music.
      So, in fact the copyright and the signing over are not seperate issues.

      That is really incorrect. In fact, as soon as an artisits starts creating for money they have some how sold out.
      no, it's when they accept artisitic direction from marketers that they have sold out.
      Copyright will be a huge benefit for artisits as the old model dies away and it becomes a lot more esier to self publish and self promote.
      As long as there is copyright, this model will not die.
      If copyright went away, those largeindustries wuld just use other peoples material without ANY compensation.
      well, a lot of things change if copyright is removed.
      One is that the 'value' of the creative work is no longer $.99 a song, since this is an inflated monopoly value that only exists with the government granted protections.
      So, without copyright, there is no Sony Music, and so no large corporation to to use the matrial without compensation...in other words, the monopoly profits are gone, and with it, the companies incentive to appropriate the works.
      But at the same time, artists can still sell their music: will they make a million on a single? nope. but then again, they (generally) don't make a million on a single now: the label does.

      With out the insentive to develop the skill, a person with 'talent' will never create anything.
      OK, so it's time to discuss 'incentive'. While you do go on to say that for some the joy of creation is incentive enough, let's assume the hard-line monopolists are right, and people will only create if they can make a living at it.
      In order for something to be considered an economic incentive, it must only slightly better the persons alternative. Essentially, it needs to be just as good +$1. So let's look at what some of these people were before they became millionaire rock stars: Garth Brooks briefly worked as a nightclub bouncer. Axl Rose signed up to serve as a medical guinea pig for $8/hr.
      So basically, the economic incentive for either of these two is probably in the $15-$20k/yr range; certainly not millions.

      The reality is that it takes very little money for most artists to equal their employment alternatives. It is only the current monoploy labels that want everyone to keep believing the lie that without copyright musicians would stop creating...

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    11. Re:Same shit different pile by shark72 · · Score: 1

      "Just think, in this day and age, it'd be more like "What's a phonograph? and why does it have to be protected?""

      FYI, this happens a lot. the second "T" in AT&T stands for "telegraph" and the "C" in NAACP stands for "colored."

      "I wonder if it'd be just as silly concept to have these groups to protect things like manual printing presses, and then try to extend that to everything from typewriters, to photocopiers to the modern printing presses."

      I'm not so sure about that. Technology comes first; the law follows. Motion pictures weren't protected by copyright for several years after their advent, because the lawmakers didn't know what to do with them. Autos were zipping around for a while before the lawbooks were updated accordingly; the first motor vehicle codes were adaptations of the codes on the book for operating horses and carriages. Lots and lots of the laws relating to online crime are adaptations of the original non-online versions. Laws preventing miscogenation were in place partially due to then-current scientific understanding that children of mixed race had a higher chance of being mentally retarded; when the law was struck down in California in the 1940's, the ruling cited newer studies that disproved the theory. In short, laws are constantly changing.

      Many people think that with the advent of the Internet, it's useless to try to apply the legal concepts of past decades, but precedent shows otherwise.

      --
      Sitting in my day care, the art is decopainted.
    12. Re:Same shit different pile by Anonymous Coward · · Score: 0

      Actually, the big problem is that music artists have this fool notion in their heads that they will be big rockstars with label deals, with their faces on billboards and CDs in stores around the globe.

      GET OVER YOURSELF.

      You want to make it? Find gigs. Work bars. Open for better bands. Make a name for yourself. Oh noes, you won't be an overnight millionaire. Just why the hell are you expected to be?

      Why is this about air-play? Why does it have to be? There is a lot of music beyond the labels and plenty of people make a living that way.

      It's really hip to sit here on /. and talk about how copyright is about 'stealing' the rights of artists. That's their problem. If they sign away their copyright that's their own damn fault. If that's the name of the game, then don't play the gorram game.

      Finally, let's pick apart individual statements:

      As radio remains the number-1 way people hear new music

      Wrong. Radio represents a narrow selection of songs from a narrow selection of genres. Electronica fans don't find their new music on the radio. Metal heads don't find it. Jack Johnson fans won't hear his latest tracks or much anything like his music. Around here, radio is top 40 pop/hip-hop/90s rock and 'classic' rock. Nothing else.

      Yes, it represents the largest dollar market but you don't have to be a part of that market to make a living in the music industry. Assuming that people only listen to the radio is downright foolish.

      But at the same time, artists can still sell their music: will they make a million on a single? nope. but then again, they (generally) don't make a million on a single now: the label does.

      How can a small artist make any money when a large business entity can repackage their works with lower margins and a wider distribution network? You just made it even easier for the monopolies to pay even less (read: nothing at all) to the artists. They already have distribution channels in place, they would still be working channels with copyright missing. The business would get more cutthroat, based on smaller margins. But they would still be the only people controlling the large radio & CD distribution channels.

      Small bands/artists will continue to sell CDs at their own shows. There's nothing new about that and there's nothing the big labels can do to stop them. The "new" distribution channels are working just fine, despite your insistence that they "can't" exist with copyright around.

    13. Re:Same shit different pile by mlylecarlin · · Score: 1

      I was with you up until GNU/Linux. Sorry, the open source movement can not possibly be the most important creative work of this century. That just isn't possible. I wouldn't even give up the last Harry Potter book to save Linux.

    14. Re:Same shit different pile by dasdrewid · · Score: 1
      Just as a quick addendum: I'm pretty sure that at least one of Shakespeare's plays would have been lost had there been copyright.

      It was quite common in that time for one theater to send a smart guy with a good memory to the opening night (or 2 or 3) of a rival company's new show, then report back ASAP and write it down so his own company could either begin performing it quick or steal the basics of the plot and put on a cookie-cutter show. I can't remember for sure, but I think one of Shakespeare's plays is only still around because a company did exactly that, and we only have the "pirated" work left...

      If nothing else, Shakespeare was quite well known for taking existing/popular storylines, changing some names, putting them together occasionally in fun ways (Romeo and Juliet and that movie that just came out, or 12th Night which is something like 3 or 4 separate plot lines mixed together), and writing them in absolutely amazing language (which is what he's famous for, much like Disney is famous for "Snow White", which is an old story that they rehashed, but in a beautiful new way, and have since focused more on the rehashing than on the beautiful new way part...)

      --
      No trespassing. Violators will be shot. Survivors will be shot again.
  13. Why do they have so much power in the first place? by pimpimpim · · Score: 4, Insightful
    Ok, it might be a bit naive, but for god's sake, this is an association of record labels. How come they have the right to decide about having a levy on cd's or not? Something went horribly wrong here...

    Now of course lobbying groups with lots of money get lots of stuff organized for themselves, but here it seems like all legislation concerning music-copyright is more or less directly taken over from the record companies. That's like taking all environmental legislation over from either greenpeace or chemical industry.

    I think the biggest mistakes are from the government of giving so much one-sided power to industry instead of being a representative of the people as they were actually chosen to be. Yeah, I know, reality is different, but it just still amazes me, maybe I'll get more desillusionized (reality-numbed) as I grow older.

    --
    molmod.com - computing tips from a molecular modeling
  14. Re:Not to worry, true believers! They'll be back by Gorshkov · · Score: 5, Insightful

    The current situation is just that they want to distance themselves from the bad press of the moment, eh. In a year or so they'll be back and better than ever, the hosers.

    Probably not, actually. The labels that left, although they do have a few well-known acts, generally have small, relativly unknown artists in their stables ... and those artists tend to be in *favour* of downloads as it increases their exposure.

    They're simply doing what's best for their business, not what's best for Sony.

  15. Summary by Trojan35 · · Score: 2

    A note:

    A summary that says "the article explains it" is not very useful to me, or anyone really.

    1. Re:Summary by Disposable+Rob · · Score: 1

      Yes, how dare you require me to actually read the article!

    2. Re:Summary by Anonymous Coward · · Score: 1, Insightful

      It's also one of the worst written articles I have ever read. Congratulations to the author!

    3. Re:Summary by Trojan35 · · Score: 1

      You can't require me to do anything. I need more information for me to decide whether or not I want to read it. Otherwise the front page might as well just be links with no summaries.

      Your response indicates you feel it necessary to read everything posted on Slashdot. I do not.

  16. Re:Not to worry, true believers! They'll be back by realitybath1 · · Score: 0

    They're simply doing what's best for their business, not what's best for Sony.

    This is also why they've dumped the CRIA, but will lobby gov. through the Canadian Independent Record Production Association.

  17. Re:Why do they have so much power in the first pla by rikkards · · Score: 1
    Ok, it might be a bit naive, but for god's sake, this is an association of record labels. How come they have the right to decide about having a levy on cd's or not? Something went horribly wrong here...


    Personally I am glad they did the levy. Makes me happy as I can download to my heart's content. Now if I was someone who used CDs or DVDs for pure backup purposes then yeah I could see how that sucks.
  18. I actually agree with the CRIA on something.. by d_jedi · · Score: 3, Interesting

    They want to get rid of the private copying levy. Well, hell.. that's been a long time coming.. especially since they were the ones who pushed for it in the first place.

    I agree with this sentiment, although for different reasons. Why the hell should I be paying a private (music) copying levy for a CD-R that I buy which will never contain any music?

    If this means that Canadians lose the legal right to download music on P2P sites, I think this is a fair compromise. After all, most of the P2P sites are crap nowadays, anyway.. infected with bogus files by the RIAA surrogates and "traffic shaped" by our ISPs.

    --
    I am the maverick of Slashdot
    1. Re:I actually agree with the CRIA on something.. by PygmySurfer · · Score: 1

      Speak for yourself, if you know where to look, you can find all kinds of great music online via Bittorrent.

      I'd rather keep the levy, and continue with my legal music downloading.

    2. Re:I actually agree with the CRIA on something.. by chrish · · Score: 1

      At least one of the major Canadian ISPs (Rogers) traffic shapes BitTorrent traffic. I tried grabbing the latest Fedora Core release from a very well-stocked torrent when it was released and got a max of around 2-12Kbytes/sec.

      Compare that to the 600K/sec I got downloading it via http from a mirror. Yay Rogers.

      I'm just glad I had an alternative for that particular data set.

      --
      - chrish
    3. Re:I actually agree with the CRIA on something.. by max99ted · · Score: 1

      You may have already tried this but since I'm a Rogers customer I thought I'd mention that setting BT on port 1720 still works (at least in my area - Ottawa).

      --

      Please stop APK.. you're only hurting yourself.

    4. Re:I actually agree with the CRIA on something.. by Random+Destruction · · Score: 1

      If rogers get to be too much trouble, bell's DSL service is actually top notch. I get a solid 530k/sec down, only 80 up, but there are no bandwidth restrictions. Ive downloaded around a terabyte in the past few months and haven't heard anything from them.

      --
      :x
    5. Re:I actually agree with the CRIA on something.. by Dr+Caleb · · Score: 1
      Shaw cable does the same thing. Another thing that works is to use the new Azureus, and set it to require encrypted traffic (not exclusive). Then the packet contents aren't known, and the packet shaper is moot.

      I was limited to 20k/s on incoming data, 100k max even though I was paying the extra for their 'premium' service (6.7M total downpipe). They tried to tell me they don't limit traffic. Liars! I can get 200-600 k/s again on some torrents.

      --
      "History doesn't repeat itself, but it does rhyme." Mark Twain
    6. Re:I actually agree with the CRIA on something.. by MikeBabcock · · Score: 1

      You're totally missing the point of the levy.

      The levy gives you the right to make private copies from any source.

      Go to your friend's house, borrow his CD collection and burn copies for yourself.

      That's legal.

      Record broadcast radio onto cassette for your own private listening later, that's legal too.

      Any private personal copying is legal in Canada and it was made possible because of this levy. Would you prefer to have it be illegal to make mix-tapes? It is in most Berne countries.

      --
      - Michael T. Babcock (Yes, I blog)
    7. Re:I actually agree with the CRIA on something.. by gobbo · · Score: 1
      Why the hell should I be paying a private (music) copying levy for a CD-R that I buy which will never contain any music?

      Being over 40 and canadian, I used to make compilation tapes from my own collection of vinyl, friends and library lendings occasionally, and kept it to a useful 'fair use' minimum, party mixes, road tapes, etc.

      Then in the late 90's I started backing up data to CD-R, and discovered the levy, which pissed me off. But I no longer felt like dubbing off of friends was a fair use issue, it was a justice issue. If I must pay for dubbing, then not dubbing is being ripped off.

      Now I make sure that about 5 CD's out of every stack of 50 is letting me get my money's worth and exercising my copyright rights. Downloading P2P content is a chore, so I prrefer borrowing friends' CD's.

      I am not a significant consumer of music, normally. I buy CD's from friend artists and occasionally when I want something fresh--music isn't an identity thing or compulsion. In other words, the levy has made me into a regular compatriot of the pirates. Arrrr!

    8. Re:I actually agree with the CRIA on something.. by max99ted · · Score: 1

      Yeah I had to do the same with uTorrent a few months ago (when I first experienced slowdowns, which was around the time the first uT beta came out that enabled encryption..haha) and immediately my speeds jumped back to normal. I've got it set to force outgoing encryption now as well, with no drop in speed.

      --

      Please stop APK.. you're only hurting yourself.

    9. Re:I actually agree with the CRIA on something.. by Anonymous Coward · · Score: 0

      You're totally missing the point of the levy.

      The levy gives you the right to make private copies from any source.

      Go to your friend's house, borrow his CD collection and burn copies for yourself.

      That's legal.

      Record broadcast radio onto cassette for your own private listening later, that's legal too.

      Any private personal copying is legal in Canada and it was made possible because of this levy. Would you prefer to have it be illegal to make mix-tapes? It is in most Berne countries.


      Canada's fair use interpretation was always more liberal than that of our hawkish neighbours. Most of those things were already legal in Canada before the introduction of the levy. The levy gives citizens a number of additional rights above and beyond fair use. It was a shortsighted cash grab by the recording industry. They never thought it through nor did they ever have any intent of keeping their end of the bargain. They saw it as money for nothing. From day one they intended to collect the levy and still prevent people from exercising the rights paid for. The reason that the "C"RIA wants the levy repealed now is that people are starting to become aware that the money they are paying DOES entitle them to something. As long as the people were ignorant of their rights, the levy seemed like a good idea. Now they've run into a number of problems.
      1) The original act (IANAL) did not limit the rights of the payee. At all.
      2) Piracy in Canada has not skyrocketed. This does not seem like a big problem but, if there is no real difference between piracy rates in Canada and the US, it becomes pretty hard to justify the facist tactics and demands endorsed by the RIAA. Not a big deal for the musicians but a problem for the lawyers.
      3) What happens when you export blanks bought in Canada to the USA?

  19. Some artists just want to be heard... by MaestroSartori · · Score: 4, Interesting

    Because what you said it isn't true, at least not for all musicians. See, you have to separate the love of the art we have from our desirve to live a decent quality of life. Us musicians don't just want to make music for everyone's enjoyment, you see. Some of us want to eat as well!

    Many musicians, especially big popular artists of course, want to sell music, and make their living from that. They don't consider their music to be advertising - they may rarely play a gig, they may never want to go on tour, but they may still love making music and want to be able to make a living from it.

    Sadly, the people who mask their desire to download music for free from P2P networks claim they're doing it to "fight the man", destroy the evil record labels and so on. That's fine, as far as it goes, but it's an excuse and nothing more. It won't help people like me - I'm a solo musician who plays several instruments, but I'm not in a band. I can record stuff I could never play live. I've enjoyed gigging, but I don't think I'd like to tour really. But why shouldn't I make a living selling music?

    If I wanted to sell my music, I'd like people to respect my wishes. If they don't, and I'm relying on making money from my music to live, then I'm fucked and I won't make as much more (if any) because I'll need a job to pay the rent. Which is why I've skipped trying to make a living from music, and instead I'm a games programmer who makes music in his spare time.

    1. Re:Some artists just want to be heard... by BadAnalogyGuy · · Score: 5, Funny

      Us musicians don't just want to make music for everyone's enjoyment, you see. Some of us want to eat as well!

      You fucking selfish asshole.

    2. Re:Some artists just want to be heard... by Znork · · Score: 4, Insightful

      "want to be able to make a living from it."

      Yes, well, I'll betcha there's a bunch of people who'd like to be able to make a living from posting slashdot comments. That doesnt mean it's in the public interest to finance it.

      If they 'love making music', to be utterly and horrifically frank, they'd still do it without copyright, and a free market would be better spending resources on other things, as the music would get done _anyway_. You dont get paid for doing what you want, no matter how much you'd like to, you get paid for doing what someone else wants. Only if you're very lucky do they coincide.

      It's the laws of supply and demand, and with anything that's infinitely duplicatable at near zero cost, the supply outpaces the demand fairly soon; there are only so many hours per day to listen to music, and it's not a resource that needs repeated production (while touring and performing music actually is, which makes it vastly more suitable to make money from in a market economy).

      That said, I personally do think it's in the public interest to finance the arts beyond what the true market value is. But it should be done not through monopoly rights on works, but through levies off those profiting from the duplication, fixation in media, performance and distribution of those materials. IE, let anyone and everyone copy, perform, sell, and do whatever they want with copyrighted material (keeping attribution intact), but tax the revenue of the record companies, bands and orchestras performing live, CD duplicators, etc, and divide the revenue among the original creators so they can spend more time creating.

    3. Re:Some artists just want to be heard... by Anonymous Coward · · Score: 0
      Which is why I've skipped trying to make a living from music, and instead I'm a games programmer who makes music in his spare time.

      Unfortunately you are caught into the same dilemma software developers face today. I think eventually one of 2 things will happen:

      1) More unfair freedom restricting/content protecting laws are voted -much worse than current US copyright and patent law (just think Trusted Computing and Blu-ray)- and other measures to greatly restrict our rights and freedoms, until their music is protected for real, at the expense of our individual rights.

      2) Everyone comes to the evidence that it's just insane trying to control digital content such as music and the industry undergoes the same fate as the software industry.

      Yes, it is a shame many artists like you will have a hard time making a living from just producing music, or anyone who depends on sells of digital content. But if artists don't realise the incredibly destructive side-effects the protective measures will bring on society, they are only delaying the inevitable outcome, which is one of the 2 points above. And meanwhile, people will get thrown to jail for sharing 0s and 1s. F/OSS software developers have realised this, so they prefer to produce free (as in freedom) content, knowing they will get less money.

      If you want to do a favor to society, be a pioneer and distribute your work under a free license. Anyone who would buy your music will still do it, and anyone who would pirate it couldn't be stopped anyway. And if they like what you do, they might want to pay for it to encourage you, especially if you give them the right to do whatever they want with what they bought. I would.

    4. Re:Some artists just want to be heard... by MaestroSartori · · Score: 1

      I agree, to an extent. I do make music despite the fact that I can't make money from it, because I enjoy the act of creation, and I agree that most musicians probably would continue to do so. I just don't think that a world where the only way to make music for a living is to perform it live will necessarily result in a better world.

      Like I said in my original post, I write stuff I couldn't possibly perform. I write things which are possibly physically impossible to play (using samples and sequencers, as well as multitracking real instruments). I write things which outpace my computer's ability to perform it in realtime, and need to carefully assemble mixes from rendered audio, much the same way as recording studios do for albums. As it stands, with the way you and the OP propose music should be financed, I wouldn't be able to make a living doing that. And yeah, I'll still keep doing it, but who knows what great works might be lost - not from me, maybe, but from the next Mozart or whatever - just because the person who might have made them had to go work in a fast food joint to pay the bills.

      Why *do* so many people seem to have this base-level objection to paying for recording music? Is it that they think all musicians want to be rapper-rich? I'd be happy earning the same as I do now, but for making music all day, and I don't earn all that much compared to many of you reading this I suspect... :)

    5. Re:Some artists just want to be heard... by Jugalator · · Score: 3, Interesting

      In relation to my sig, the day I will fully respect musicians' preferences to earn money on their music will be the same day my rights to play my purchased music won't be stolen by a third party. I will give you peace and understanding if the feeling is mutual.

      --
      Beware: In C++, your friends can see your privates!
    6. Re:Some artists just want to be heard... by anandsr · · Score: 1

      I am burning my right to moderate, but my question to you is, Do you have fans. If you think that you have then do you think that they will not pay for owning CDs signed by you. If you don't have fans then I guess your music is not good anyway. If you think it is but you haven't found the right audience then how do you propose to find them without using P2P.

    7. Re:Some artists just want to be heard... by Anonymous Coward · · Score: 0

      Because as a side-effect of restriction of copying of essentially frivolous stuff like music, the power to restrict the redistribution of important information is also created. I could live forever without hearing your music, frankly, but as a result of your desire to release-without-releasing causing the legal mandating of information restriction chips, the powers that be gain the control they seek over _all_ information flow, so I will fight to the death to prevent it.

    8. Re:Some artists just want to be heard... by TheRaven64 · · Score: 1, Informative
      not from me, maybe, but from the next Mozart or whatever

      Thank you for bringing up this example. For those unaware of his life, Mozart spend most of it trying to make enough money to cover his debts. He composed enormous amounts of music, much of which survives and is regularly performed today, in order to make money. If he had not been able to sell music (sheet music, rather than recordings, in his case) then he would not have made it - his father wanted him to do something more profitable with his life, and without the ability to become financially independent selling music he would have done so.

      --
      I am TheRaven on Soylent News
    9. Re:Some artists just want to be heard... by Jah-Wren+Ryel · · Score: 2, Insightful

      I can record stuff I could never play live. I've enjoyed gigging, but I don't think I'd like to tour really. But why shouldn't I make a living selling music?

      You aren't asking the right question.

      The right question is - "Why shouldn't you be able to earn a living making music?"

      The answer is - you should be able to try.

      Just like when Joe the Office Peon goes to work for 8 hours, he gets paid for 8 hours of office droning. If his employer takes the reports that Joe wrote and distributes copies to everyone in the company and all of their customers, Joe does not get paid anything for each of those copies.

      Just like when Bob the Construction Hand builds a bathroom, he gets paid for building the bathroom. But Bob does not get paid everytime someone uses that bathroom to take a crap.

      You should be paid to produce a recording of music - by the hour or by the song, or whatever. But once the actual work of making the music is over, you don't deserve to get paid anything more. You don't deserve to get paid every time somebody makes a copy of the music nor do you deserve to get paid every time somebody listens to that music either.

      Just like Joe, Bob and 99.99% of the rest of the working public you deserve to get paid for the actual work that you do. In effect, we all work on comission - being a musician (or an actor, or writer, or key grip, or scene painter or a wardrobe specialist, etc) doesn't mean you deserve special treatment.

      --
      When information is power, privacy is freedom.
    10. Re:Some artists just want to be heard... by gowen · · Score: 5, Insightful

      The battleground isn't about musicians "being able to make a living from it", but rather whether they can make a living from it in perpetuity.

      If I repair your car today - no matter how good a job I do - you pay me once, and I get to eat today. If your car keeps running for another 20 years, you don't have to to keep giving me royalties because of what a great job I did. Hell, even a doctor only gets paid once for a life saving operation.

      However, if I make a hit album today, the RIAA, CRIA think that I should be allowed [or, more importantly, they should be allowed] to live off the proceeds of that record for the remainder of my natural life, as can my family for 50+ years after my death.

      Why are creative people rewarded in perpetuity, when doctors don't?
      Because creative people get to write legislation.

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    11. Re:Some artists just want to be heard... by Jah-Wren+Ryel · · Score: 1

      But it should be done not through monopoly rights on works, but through levies off those profiting from the duplication, fixation in media, performance and distribution of those materials.

      How do you define (and measure) 'profiting?'

      What if the 'record companies' give away the recording on CD in order to promote some other product? How are you going to measure the profit from such an action in order to tax it?

      What if no one makes copies commercially and everyone just p2p's it, or emails it to their friends? Each day, the use of the net for private distribution becomes more and more prevalent.

      --
      When information is power, privacy is freedom.
    12. Re:Some artists just want to be heard... by MaestroSartori · · Score: 1

      I don't have many people listening to my music just now, partly because I'm not making much due to work, partly because I'm not promoting it at all. I'm just making it for me, really, and I'm fine with that. My worry is that I can see it getting to the point where only live music is practical to make a living at, and only then if you're willing to perform publically often, and attempt to sell physical objects to people attending performances.

      My concern isn't so much for me as it is for music in general - without a way to make money from recorded music, I think the musical spectrum will suffer for it greatly in the long run. As music becomes commoditised in the way it has of late, with many people expecting it to be free and for the artist to make money from other activities like gigging or merchandise, my fear is that it potentially denies the world of things which don't fit into that sort of scheme. Say a lone composer writing for large orchestras, who can't afford to pay musicians to perform his work. Or shy musicians who just don't want to go on stage.

      I don't think there's a technical solution to it - as they say, information wants to be free, and there's a large community of people out there who'll free it whether the creators want that or not. I don't know if there's any sort of solution to it, really. I'm just worried we'll lose something special in the rush to get free Metallica MP3s off of our Napster-alike of choice, and we won't even realise it's gone.

    13. Re:Some artists just want to be heard... by eyeball · · Score: 1

      It's the laws of supply and demand, and with anything that's infinitely duplicatable at near zero cost, the supply outpaces the demand fairly soon; there are only so many hours per day to listen to music, and it's not a resource that needs repeated production (while touring and performing music actually is, which makes it vastly more suitable to make money from in a market economy).

      It's not only the supply and demand of copies of the music work, but supply and demand of the artists. There are millions of talented musicians out there, but only a tiny handful that the record company decides to promote, creating small supply, big demand.

      Unfortunately for the RIAA/CRIA/etcIA and a few major acts that manage to squeeze some money out of the deal, the internet is creating alternative forms of promotion & distribution, severely screwing with both the artist and duplication supply/demand. Not that I'm sympathetic to these associations that refuse to change with the times and accept different business models.

      --

      _______
      2B1ASK1
    14. Re:Some artists just want to be heard... by John_Sauter · · Score: 1
      ...who knows what great works might be lost - not from me, maybe, but from the next Mozart or whatever - just because the person who might have made them had to go work in a fast food joint to pay the bills.

      That is the way art is, and I don't know how to make it better without undesirable side effects. Supporting art out of general taxation tends to support artists who agree with the current government, since government administers the tax revenue, and degenerates into tax support for re-electing the incumbents. Charging a fee to those who use other's art, and sending that fee to the creators (as is done by ASCAP and BMI) only benefits well-established artists; it does little to encourage creativity in new artists.

      Take myself as an example. I love live theatre, but I have none of the traditional theatre talents: I cannot act, take direction, memorize lines, sing, dance, or direct others. I could just be a member of the audience, but I wanted more than that, so I found myself a niche that didn't depend on the talents I don't have: I do sound effects and sound reinforcement. Over the years I have acquired lots of toys for making interesting noises, and some good wireless microphones. I put a lot of time into the rehearsals and performances, and as a result my theatre friends have accepted me, though I think they find me a little strange. In the last play I did, the director realized as we were building the set that she didn't have a certain prop that she needed, so I volunteered to play a part that required me to cover myself in gold and hold still for 16 minutes.

      I have never expected to be paid for my theatre work, nor have my theatre friends. We all do it for the love of the art. The audience members pay, but those payments go first to the production costs, including permission to produce copyrighted plays, and then to the local school system to provide additional education. For productions in which we don't have to pay for using the script (Shakespeare) and we don't have to pay for the performance space (a public park) we don't charge admission. I don't see anything wrong with that, and I intend to continue my theatre hobby for as long as I can push a slider on a sound mixer.

      That's fine for people like me, but what about people with real talent? Shouldn't they be able to pursue their art full time? I think there is a lesson to be learned from former government officials. When you are a high-profile person who cannot work for the government because the wrong party won the last election, you make money on the lecture circuit. Similarly, artists could speak to groups of fans, sign autographs, lend their names to merchansise, endorse brands, etc. If you are popular, you can make a living doing this, and thus spend most of your time creating art. Yes, this is only good for well-established artists, but how else than popularity can we decide which artists should get public support?

    15. Re:Some artists just want to be heard... by Digital+Vomit · · Score: 4, Insightful
      See, you have to separate the love of the art we have from our desirve [sic] to live a decent quality of life....They don't consider their music to be advertising - they may rarely play a gig, they may never want to go on tour, but they may still love making music and want to be able to make a living from it.

      So, they want to make a decent living without having to work? Join the club. People who slave away for 8-10 hours every day are so sick and tired of hearing about musicians whine and complain that they can't make millions of dollars off of a few days or weeks worth of work.

      You want to make a living making music? Fine. Work for eight hours a day, five days a week like the rest of us. Don't expect any kind of everlasting income from a single recording of music.

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    16. Re:Some artists just want to be heard... by Anonymous Coward · · Score: 0

      Why are creative people rewarded in perpetuity, when doctors don't?
      Because creative people get to write legislation.


      Hold on, hold on. In that case, how come I only have to pay my lawyer by the hour while I'm consulting him? By your logic, I should have to pay him perpetual royalties for any cases he wins for me... ;)

    17. Re:Some artists just want to be heard... by dwandy · · Score: 1
      I've enjoyed gigging, but I don't think I'd like to tour really. But why shouldn't I make a living selling music?
      ...
      ... Which is why I've skipped trying to make a living from music, and instead I'm a games programmer who makes music in his spare time.
      So it would be fair to say that copyright hasn't helped you make a living at 'art' then, no?
      Why argue to protect a system that already doesn't pay you anything?

      I'm going to go on a limb here, and suggest (without intending to offend, pretty much 100% of everything I listen to isn't major label) that even if you wanted to sell your music, you'd discover that the Big Labels weren't buying. And if they were buying, then you'd discover that they were going to take 99% of the profits, so you'd still not make any money...

      So, tell me again why you want to keep this system propped up?

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    18. Re:Some artists just want to be heard... by Anonymous Coward · · Score: 0

      Speaking as a musician in the industry myself, I have to argue with a few of MaestroSartori's points.

      Many musicians, especially big popular artists of course, want to sell music, and make their living from that.

      Big popular artists, for the most part, aren't artists. They're money-grubbing WHORES peddled by corporate suits. Any real musician wants to practice his/her art first and foremost. No musician with any common sense gets into the business thinking "I'm gonna strike it rich as a rock star and play golf the rest of my life!"

      They don't consider their music to be advertising - they may rarely play a gig, they may never want to go on tour, but they may still love making music and want to be able to make a living from it.

      Tough. You want to be successful? Try harder. Lose the stage fright. The best and most significant revenue comes from live performance. Almost no money comes back to a band even if they sell a million albums through the industry. And exceptionally few artists have ever made something of themselves by releasing demos from the comfort of their home. In my many years as a performer, I've met aspiring "musicians" whom think this way to this very day.

      Sadly, the people who mask their desire to download music for free from P2P networks claim they're doing it to "fight the man"

      And I would agree with this point. But there's no stopping it now. Artists who moan and whine about their music being shared with millions via P2P are the 'glass-is-half-empty' kind of people. Your music is being shared with millions! Provided that you do more than release mp3s, you're getting free promotion and your music, your art, is reaching the ears of listeners all over the bloody world, mate. These people will become fans; they'll come to a live show or they'll buy a t-shirt or they'll pay for an autograph or two. Then you're making the money you're so concerned about.

      I'm a solo musician who plays several instruments, but I'm not in a band. I can record stuff I could never play live. I've enjoyed gigging, but I don't think I'd like to tour really. But why shouldn't I make a living selling music?

      You only get a return on what you're willing to put into the project. If you're unable or unwilling to perform live and promote your music with more than a couple banner ads online, you're not going to be able to make a living this way. Sorry mate - welcome to the digital millenium.

      I'm a games programmer who makes music in his spare time.

      Now that's fantastic. You've found a way to find a solid job and make money while managing to incorporate doing what you love. Cheers, mate - I look forward to hearing your tunes - I'm sure they'll be fantastic! Best of luck!

    19. Re:Some artists just want to be heard... by Sepper · · Score: 1
      I agree, to an extent. I do make music despite the fact that I can't make money from it, because I enjoy the act of creation, and I agree that most musicians probably would continue to do so. I just don't think that a world where the only way to make music for a living is to perform it live will necessarily result in a better world.
      Then, we, as a society, need to re-think the relation with have with our own artists. We need to re-think the extend of the copyright law. The technologies aren't going away... we have to learn to deal with them...

      I see some initiatives going in the right direction but I don't see them making a big chnage in the long run... I don't think it will stop the local conglomerate (among others) from taking most of the money from CD sells and leaving most of the artists with less money than a burger-flipper. :(
      --
      I live in Soviet Canuckistan you insensitive clod!
    20. Re:Some artists just want to be heard... by MaestroSartori · · Score: 1

      I'm talking about me selling my music myself - no labels, no studios, not necessarily even copyright. But it sounds like people object to the act of selling any music, and just want me to support myself with gigs I couldn't play, and wouldn't necessarily want to if I could.

      That's the option that commoditised music totally removes from me. I'm left with the status quo, which is to make my music and release it for free. And work a day job which stops me creating as much as I'd like, which means the world has less music than it would otherwise. In my case, yeah, maybe no great loss. But what good stuff that might otherwise have rocked your world won't we get?

    21. Re:Some artists just want to be heard... by Anonymous Coward · · Score: 1, Interesting

      Just like Joe, Bob and 99.99% of the rest of the working public you deserve to get paid for the actual work that you do. In effect, we all work on comission - being a musician (or an actor, or writer, or key grip, or scene painter or a wardrobe specialist, etc) doesn't mean you deserve special treatment.

      Yes, sure - the problem is defining what the value of the work is, and who pays for it!

      The thing is that Joe's boss has told him up front, before hiring him, exactly what work he expects and exactly what the pay will be. Joe does the work, and he gets the pay. Similarly, Bob's clients tell him up front exactly what they want done, and he tells them how long he thinks it'll take and how much he expects to charge. Bob does the work, bills the clients, and gets paid.

      See the common factor here? In both cases, the person doing the paying knew what in advance what work was going to be done, and knew in advance how much they were willing to pay for it; and in both cases, there was one client who was set up to pay all the money and receive all the benefit.

      How is this supposed to work with art? Who is going to pay for the production of art, and how are they going to recoup their investment, except through the current system of copyrights? And if so, what does your proposal accomplish, except stifling creativity by removing the possibility of any art being profitable except where commissioned by big money?

      Please explain your system in more detail, with particular reference to the ways in which it promotes creativity and ensures that artists are rewarded for producing popular works.

    22. Re:Some artists just want to be heard... by gowen · · Score: 1

      Please don't give the lawyers any ideas.

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    23. Re:Some artists just want to be heard... by CastrTroy · · Score: 1

      I'd be willing to buy a CD of a band I like. I do it all the time. I don't think that if we get to the point where you can freely download anything on the net, that people will just stop buying stuff. We are pretty much at the point, where you can get any music you want, online, for free. But I still buy CDs. I buy them because I like them more than the downloads, and I like supporting artists who produce good music. You don't have to sell that much music to make a good living. There are 6 billion people on the planet. If you can get 60,000 people (.001% of the people on the planet, .75% of the people in New York), to spend just $1 on you, then you are already making a pretty good living. And if you are doing what you love, then you are doubly lucky. It wouldn't cost much either. $1 per song, at 10 MB per song, and 60000 downloads = 600000 MB = 6000 GB. My monthly hosting costs $7.99, which gives me 1000 GB of tranfer, so that more than covers me for the year. So for less than $100 a year, I could distribute $60,000 worth of music. Oh, and you don't have to spend millions on recording equipment because the popularity of MiniDisc Recorded bootlegs, and cam movie downloads proves that quality isn't all that matters when the content is good.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    24. Re:Some artists just want to be heard... by cpt+kangarooski · · Score: 1

      Your ideas are intriguing to me, and I wish to subscribe to your newsletter.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    25. Re:Some artists just want to be heard... by Idarubicin · · Score: 1
      Why are creative people rewarded in perpetuity, when doctors don't?

      I'm pretty sure that doctors get paid for each patient that sees them; why shouldn't creative people be paid for every copy of their song that a person gets to enjoy?

      I'm not saying that copyright law--particularly in the United States--isn't broken. I'm just saying that the analogy is defective.

      --
      ~Idarubicin
    26. Re:Some artists just want to be heard... by gowen · · Score: 1

      Diagnosing and treating a new patient involves doing additional work.
      The equivalent would be making/writing a new record, or playing another gig.

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    27. Re:Some artists just want to be heard... by adam.dorsey · · Score: 2, Funny

      Because creative people get to write legislation.

      BWAHAHAHAHAHAHAHAhaha...*snort* HAHAHHAHAHAHA!

      Dude, that was a bad slip. I mean, creative people? That's like the worst misspelling of "rich executives that like to screw the little guy" that I've ever seen.

      The people that do write the legislation are heavily influenced by the money coming into their pockets by entertainment industry lobbyists. The laws serve the RIAA/CRIA people, not the artists.

      I can't remember now, it's been so long since I've heard, but isn't it something like only 5-10% of an album actually goes to the artist? The whole thing is set up to support the executives while screwing the artists with shitty contracts and crappy record deals.

      --
      You are still innocent until proven guilty. What's changed is what they do to innocent people. - notnAP, #26891325
    28. Re:Some artists just want to be heard... by Zitchas · · Score: 1
      Why *do* so many people seem to have this base-level objection to paying for recording music? Is it that they think all musicians want to be rapper-rich? I'd be happy earning the same as I do now, but for making music all day, and I don't earn all that much compared to many of you reading this I suspect... :)

      From what I've seen, both in myself, my friends, and others aronud me, we do NOT have an objection to paying for music. What we have an objection to is paying money to corporations. It seems to be rather distinct hypocracy on the part of many of the large corporations: They make money from selling the music, they make money from selling the CD burner, they make money from selling the blank CDs, and they make money from getting some of the levies on those CDs on the assumption that they'll be used to violate copyright law (regardless of actual use. Why should I pay a levy for the priveledge of backing up my work data?) They make money from every step of the game. On that note, I do NOT think that they should get a levi on the basis that the consumer might actually use the things that the company sold them in the first place.

      As far as that goes, shouldn't the companies be forced to repay those levies when the CDs are taken out of the circulation? A friend of mine recently cleaned out his archives and ditched (as in permanently destroyed) something in the range of 50-100 burned disks. Since he had to pay a levi in order to use them, they should be forced to give him the levi back since those disks obviously can't be used for anything anymore, and therefore could not possibly be used to contravene the law. On the same note, I think that one should be able to get one's levi back if you can demonstrate that the media was used for some purpose that does not violate copyright law. And no, it's not an insignificant amount. The Levi is somewhere in the range of 25-50% the cost of a blank CD.

      Likewise, I am firmly of the conviction that file sharing and P2P stuff helps artists based on my own observations. I know people who have downloaded material, sure. I also know that, if they actually like said material, they almost always go out and buy it. I, personally, think that paying 20-40$ is far, far, far to much for some CD from some group I've never heard from. On the other hand, I can go home, check them out, see if I actually like their stuff, and if I do, go back and buy it. And yes, it *is* a forced purchase. There is no option to return a CD, unless it is still un-opened.

      Next, there is the fact that DRM technology is getting increasingly common. Sure, I like supporting artists and being legal and all that. But if paying for a legally acquired disk results in the fact that my computer can no longer work properly and I am treated like a criminal by my own legally purchased material, then I think I will simply stick with the cheaper, safer, alternative. I mean, common. Who wants to pay for the privelege of being treated like a criminal?

      Lastly, and summary: I would love to purchase music and stuff directly from the artist. Given the chance, I buy the independently produced CDs at concerts and fairs and whatnot, where I can be reasonably certain that the money is going straight into the ARTIST's pockets, most likely from wence the cost of the CD came out. It's the corporations that we don't want to pay. They are a bloat, a cancer, and something which should be eradicated. Music should be like Shareware. Listen, and if you like it, buy it. If you don't, don't listen to it ever again. Without all the forced purchases that the stores force upon us overall industry profit will probably be hugelly, massively lower than it is now, sure. But I dare say that (with the possible exception of the elite artists) the artists themselves would make a fair bit more.

      --
      Z
    29. Re:Some artists just want to be heard... by Idarubicin · · Score: 4, Insightful
      Just like when Bob the Construction Hand builds a bathroom, he gets paid for building the bathroom. But Bob does not get paid everytime someone uses that bathroom to take a crap.

      Just like when Neal Stephenson the Author writes a book, he gets paid for writing the book. But Neal does not get paid every time someone...wait...what?

      Shockingly, different industries have different models for compensation.

      You should be paid to produce a recording of music - by the hour or by the song, or whatever. But once the actual work of making the music is over, you don't deserve to get paid anything more. You don't deserve to get paid every time somebody makes a copy of the music nor do you deserve to get paid every time somebody listens to that music either.

      Then where's the incentive to write a good book that people want to read? If you're lucky, you'll get paid on the basis of what your last book earned...but I'm pretty sure this would just be an opportunity for book publishers to screw authors--particularly new authors.

      While there are obvious and gross deficiencies in the implementation of intellectual property law in the United States (and elsewhere), the analogies used to advance arguments here on Slashdot seem to be equally flawed today.

      --
      ~Idarubicin
    30. Re:Some artists just want to be heard... by dwandy · · Score: 1
      I guess I have two follow-ups:
      No copyright law doesn't mean you could not sell your music. It would just be different than today.
      Couple of options:
      You have a site where you sell your music. Even without copyright a substantial number of people would buy it from you instead of looking for it 'for free'. iTunes is the proof.
      Alternately, you sell your music to a site, who then sells it. They will pay for the music because they get first-mover advantage.
      I'm sure that there are other ways art can be sold in a non-copyright world, and I'm also sure that if you take away copyright some enterprising entrepreneur will monetise it. Linux is the proof.

      But what good stuff that might otherwise have rocked your world won't we get?
      First off, I don't agree that we would have less art, and there is no proof there would be. But for the sake of discussion, let's say that there is somewhat less works created. How is that different from the numbers of works that are held in the 'vault' because the 'owner' doesn't see a profit in releasing it? The artist would release it (afterall, they did!) so we are already under the current system without 'good stuff'. Secondly, the rock-band that quits due to label disputes are what songs are written about. How much art is being crushed by the big labels (who only exist because of copyright) ? How much art is being corrupted because the label doesn't think it will sell the way the artist wrote it? How much material is rejected by the label?
      All these things happen under the current system. You argue "what might be", I'm pointing out "what is".

      When people talk about the current system vs. another, the argument usually comes that the proposed system has flaws. Any system has flaws. The current system is no exception.
      What I believe is that the current system has *more* flaws and causes *more* damage than the complete abolition of copyright.

      oh, and one more thing:

      In my case, yeah, maybe no great loss.
      That's not for me, for you and most importantly, not for a record exec to decide. The recording industry points out that it needs big profits from the succesful albums to finance the less succesful ones. They use the number 1-in-20. This tells me that their 'experts' are only right 5% of the time. Any business that is wrong 95% of the time, should die, and quickly.

      Put your music out there, let the public decide if it likes it. Yes, maybe that means giving it away right now. But if people like it, money will follow. If people don't like it, than copyright isn't going to help.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    31. Re:Some artists just want to be heard... by Alioth · · Score: 1

      Doctors have to do additional work to see each patient. Artists on the other hand (and record companies) expect to be paid in perpetuity for one piece of work they might have done years ago.

    32. Re:Some artists just want to be heard... by Anonymous Coward · · Score: 0

      Interesting comment, brings up a lot of issues however.

      If Joe the construction hand patents Joe-brand hammers and manufactures them and sells a million he will make a living off the hammers.
      Why shoIf Joe works for the hammer manufacturer he makes an hourly wage. There is a difference. It's got nothing to do with special treatment, any more than a salesman making commission or a waiter making tips while the cook doesn't. If you choose to work for-hire, its your problem. And some music is written for-hire, and the creator loses rights to the music for a set price, much like Joe the office peon does his work for hire (often in videogames).

      Also people make money off your music. Every time your music is played in a television show, for example, or used in a nightclub. This is a fundamentally different thing than some day job.

      This is a much more vague, grey area than some by the hour job. If its their idea, they have the right to do what they want with it. Whose going to pay them by the hour and how?

    33. Re:Some artists just want to be heard... by gowen · · Score: 1
      I mean, creative people? That's like the worst misspelling of "rich executives that like to screw the little guy" that I've ever seen.

      The people that do write the legislation are heavily influenced by the money coming into their pockets by entertainment industry lobbyists. The laws serve the RIAA/CRIA people, not the artists.
      Yes. You're 100% right.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    34. Re:Some artists just want to be heard... by Anonymous Coward · · Score: 0

      > Why *do* so many people seem to have this base-level objection to paying for recording music?

      I don't think people are objecting to paying for music, but:

      1. I detest paying money only to receive crappy music, and unlike traditional retail products, you can't return a lemon.

      2. Having to pay an outrageous amount of money for an album, when all people may want is a song or two. (Ha, remember when the industry claimed that the cheap cost of producing CDs (vs cassettes) would mean savings for the consumer?)

      If music, software and movies were cheaper, I'd be inclined to buy a lot more of each. (Does iTune's popularity surprise anyone?) For, say, even $50 USD, I'd be willing to purchase a legit copy of the high-end Windows. I've paid $~20 USD for Linux CDs, and those are freely downloadable!

    35. Re:Some artists just want to be heard... by TapeCutter · · Score: 1

      "You want to make a living making music? Fine. Work for eight hours a day, five days a week like the rest of us."

      Keith Richards from the Rolling Stones is a good example of a working musician, take a look at that guys fingers, you can see how long and hard he has practiced.

      OTOH: There is always a nagging voice in my head that says, nobody on the planet works hard enough or is talented enough, (at anything except maybe accounting), to be able to justify million dollar paychecks. At least not while a billion plus hard working people live on less than a dollar a day.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    36. Re:Some artists just want to be heard... by dwandy · · Score: 1
      I'm pretty sure that doctors get paid for each patient that sees them; why shouldn't creative people be paid for every copy of their song that a person gets to enjoy?
      I'm pretty sure that doctors get paid for each patient that sees them, not by every person that gets to enjoy the patient for 50yrs after the patients death. ... :)

      so, I'd say the analogy is intact.

      In other words, the doctor gets paid for the work, not for the number of people who come in contact with her work later.
      As the doctor gets paid by each patient, so too does the artist get paid by every attendee of a live show.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    37. Re:Some artists just want to be heard... by MaestroSartori · · Score: 1

      Good post, well reasoned. I agree with most of your points about the record industry too. Aren't we getting along well? :P

      But we do seem to be talking at cross purposes - my views have no real relation to copyright, or to the record industry. I'm more concerned with people and P2P, the way that free access to recorded music is increasingly seen as a right. In that context, it seems to me that the prevailing view is that paying for recorded music isn't going to happen anywhere near as much. So artists will be funding works through different means, and in many cases that won't be so bad. Bands can gig and make money, as the other posters have all mentioned. And that's fine. If they can do their music full time and support themselves, that's fantastic.

      But having a day job drastically reduces the amount of time one can spend on one's art. I know I'm currently occupied hitting deadlines in work, I have no time to play or write for the next few weeks. If people have to work separately from their art to support themselves, it leaves them less time to produce the art itself. That's why I think there'll be less stuff about. That's not to say anything about the quality of what you'd produce after a day's work, too...

    38. Re:Some artists just want to be heard... by dwandy · · Score: 1
      Just like when Neal Stephenson the Author writes a book, he gets paid for writing the book. But Neal does not get paid every time someone...wait...what?
      Shockingly, different industries have different models for compensation.
      huh? that is the copyright model. whether it's music or books.

      This is a music discussion (and not a book discussion) because people (so far) still like to read from paper, and so 'piracy' became an issue first and most easily for music.
      Everything being said here can equally be said for books.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    39. Re:Some artists just want to be heard... by revlayle · · Score: 1

      So, basically an artist shouldn't make royalties of a product that can be sold over and over to multitude of individuals over they years. The doctor's and the mechanic's service applies to one customer/vehicle and only affects that one customer/vehicle directly. The musician makes a product (the "album")- the doctor/mechanic provides a service (the "operation" or "repair"). If a musician does a gig, they get paid for that one gig (or least paid for each person that see the performance depending on the deal made for that gig) which is analogous to a service.

    40. Re:Some artists just want to be heard... by anandsr · · Score: 1

      The point is with P2P you don't have to promote a good thing. It will promote itself. You need to promote substandard things the kind that RIAA needs to promote. The other thing is that the RIAA had a stranglehold on the venues of promotion. They controlled all the venues from the Radio to the CD. But now with the Internet and P2P you can let others do the promotion without spending anything. This kills the RIAA. And everybody will be happy when they are dead. Now we really get into the realm of meritocracy. There is no RIAA to define what will be good. It will be the public and their opinion that will define what will be popular. There is no scope of authors thinking that they are good but the RIAA does not accept them. If the public does not accept you, you are not good. Does it matter that you think you are good, when nobody else thinks the same way.

    41. Re:Some artists just want to be heard... by gowen · · Score: 1
      An artist shouldn't make royalties of a product that can be sold over and over to multitude of individuals over they years
      Obviously, songwriters can't get an immediate return, so some period of time to earn a return on the work you've invested in your creative act is thoroughly deserved and reasonable. Two years, five years, maybe. Hell, ten years of royalties would be ok by me. Think of it like a billing period.

      But lifetime + 75 years? That's completely, idiotically disproportionate.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    42. Re:Some artists just want to be heard... by lubricated · · Score: 1

      >> basically an artist shouldn't make royalties of a product that can be sold over and over to multitude of individuals over they years.

      replace artist with code monkey and you have the same concept.

      --
      It has been statistically shown that helmets increase the risk of head injury.
    43. Re:Some artists just want to be heard... by DrRobert · · Score: 1

      A service only has value as a service, that is why artist only get paid once for a concert. A creation has perpetual value. Doctor's get paid once to treat a patient, they get paid for long after that patient's death if they create something (a textbook, a device, a therapy) from that patient's treatment.

    44. Re:Some artists just want to be heard... by lubricated · · Score: 1

      >> Then where's the incentive to write a good book that people want to read?

      just like where's the incentive to write good code. Easy, if you write a shitty book, you won't be hired again.

      --
      It has been statistically shown that helmets increase the risk of head injury.
    45. Re:Some artists just want to be heard... by TapeCutter · · Score: 1

      "That's the option that commoditised music totally removes from me. I'm left with the status quo, which is to make my music and release it for free."

      To turn a hobby into a living you need more than just musical creativity. You have locked yourself into one business plan, ie: "I can't perform my mixing so I am left with selling recordings to distributors".

      To make money for yourself you need some creativity of the marketing and accounting kind, (gargggle, spit), even famous writers can't predict what out of all they write will be popular, what makes you think you can? Put it out there "free for personal use", maybe someone will pay you to write the score of a commercial or something, you are not getting paid now so what are you losing except obscurity?

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    46. Re:Some artists just want to be heard... by x2A · · Score: 1

      "but tax the revenue of the record companies, bands and orchestras performing live, CD duplicators, etc, and divide the revenue among the original creators"

      What, equally? If 100 people listen/have copies of your music, but 10,000 people listen/have copies of someone elses, shouldn't they get a larger chunk? Or anyone who wants a share of the pie, all they have to do is make a track? In which case, how do you keep track of how many people have what, so you know how to divide it up? What about selling overseas? Your idea makes absolutely no sense at all.

      --
      The revolution will not be televised... but it will have a page on Wikipedia
    47. Re:Some artists just want to be heard... by ynohoo · · Score: 1

      I just love it when people who have not done anything creative since pre-school preach to those blessed/cursed with talent on how they deserve free access to their creations.

      Your really don't have a clue.

    48. Re:Some artists just want to be heard... by vertinox · · Score: 2, Informative

      Because what you said it isn't true, at least not for all musicians. See, you have to separate the love of the art we have from our desirve to live a decent quality of life. Us musicians don't just want to make music for everyone's enjoyment, you see. Some of us want to eat as well!

      Take if from me (I own an Indie label).

      If you want to make a living from just CD sales and not bothering to make T-shirts and go on tours like most musicians... Well... You are horribly mistaken.

      We make more money on T-shirts and without going to shows we'd never sell any CDs.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    49. Re:Some artists just want to be heard... by Sentry21 · · Score: 4, Insightful

      Your argument is flawed.

      You compare a one-time service to a succession of purchases. If you fix my car I pay you once and I don't have to pay you ever again. If you buy my CD, you pay me once and don't have to pay me ever again.

      People in this thread seem to be suggesting that an artist should only get paid once for a song. Ok, sure, so I create an album, I get paid for it (what, $15? for a year's work or more?) and then if I want any more money, I have to create a new album?

      You're suggesting that patrons of the arts (as a whole) should only have to compensate an artist once. Should prints available at the Louvre be free? I mean, the artist has already been paid for their painting, right?

      Without copyright licensing (and copyright expiration, grrr Disney), then the creative process becomes something that people can only do in their spare time, when they're not working at their day jobs. I hate to tell you, but making art is not exactly an easy process. You don't just sit down and think 'I know, I'll make a hit single!' and then spend a few hours a night for the rest of the week polishing it up. It takes hard work, it takes passion, it takes enthusiasm.

      Suddenly we're back to the FSF's concept of software. People should never be paid to write software, it all wants to be free! So work shitty day jobs, and then write software in your spare time. The flaw in that analogy is that paid, directed work accomplishes more than loosely-organised communities of hackers ever have. Cases in point: Apache (Apache foundation), PHP (Zend), MySQL (MySQL AB), Linux (RedHat, Suse, IBM, Sun, etc), and so on).

      So we should not contribute to the artists that make music we wish to listen to? They should give us their creativity for free? We should not have to pay for performances? If you honestly think this, then you don't understand what art is all about.

    50. Re:Some artists just want to be heard... by dwandy · · Score: 1
      Aren't we getting along well? :P
      no reason why not ... just a friendly discussion! :)

      I guess then what really needs to be a part of this conversation is what an adequate 'reward' or 'payment' there should be for creating work.

      Certainly what I (and many others here) don't agree with is being paid forever for working for one hour. Like the day-job you have, your creative work should be compensated on (in essence) an hourly wage.
      The current system pays $millions/hour to a select few, and basically doesn't pay the vast majority anything - (yourself included). So if it takes even 40hrs to write a new song what's that worth? At say $60/hr that's only $2400.

      Now, for there to be an incentive to do something, economically speaking, it only needs to pay equal to the persons alternate income choices. For you, that is writing software. For Chad Kruger (Nickelback) that's serving coffee. Technically, as long as Chad could have made in the order of $15-$20k/yr making music there would be sufficient economic incentive. Specifically, Chad would have to write a song every week (he doesn't) at $9/hr he would get paid about $320 for writing a song. Even if we figure it takes him a month to write a song, each song would still only be worth about $1300. People confuse "making millions", with "making money".
      And let's note that you get paid not by how much time passes between completed songs, but by the time spent on a song. I've heard many artists state that they wrote a song in 5-min. While I'm sure that more often than not, it takes more than five minutes, I highly doubt most song writers spend 160 hours writing a single song.

      The next point is that again, no copyright doesn't mean no one will author music except to play it live. This copyright-as-only-way-to-monetize-music is the myth that the *AAs have been pushing, and has gained wide spread acceptance. But it is a myth.
      Pure composers exist today. Most pop-stars don't write their own music. Once upon a time, the term 'singer/songwriter' was applied to people. Note that both words are there, because it's not a given. There are plenty of people who can play but not author, and plenty of people who can author but don't want to play, or for whom it is impractical.
      There is no reason why composers could not sell their work to performers (much as they do today). In this manner, the performer has work to perform, and gets paid for performing it, and the composer gets paid for authoring the work.

      Despite your fears and concerns, I don't see any great loss by removing copyright.
      I see big companies profits disappearing. I see more artists having more access to fans. I see more art being created and more art being enjoyed by people.

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    51. Re:Some artists just want to be heard... by gowen · · Score: 1
      People in this thread seem to be suggesting that an artist should only get paid once for a song
      Not at all. I think they should get paid only for a far more limited amount of time than they do presently.
      Should prints available at the Louvre be free? I mean, the artist has already been paid for their painting, right?
      What? Do you really think that proceeds of art prints go to the long-dead artists?
      Making art is not exactly an easy process. You don't just sit down and think 'I know, I'll make a hit single!' and then spend a few hours a night for the rest of the week polishing it up. It takes hard work, it takes passion, it takes enthusiasm.
      You believe writing a pop song to be harder than surgery?
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    52. Re:Some artists just want to be heard... by Anonymous Coward · · Score: 0

      lol...So how do you know about the creativity of the parent? Perhaps he wrote the song which inspired you to make music (or whatever you do).

      You didn't get your ideas from thin air. You learned from other people (standing on shoulders of giants and all that stuff). You OWE society something for getting your ideas in the first place. I'd never had written a single line of code if it were not for an OS which is free and comes with sourcecode I can read and learn from. That's why I happily contribute. I don't need to get paid for that. There are other ways to make a living.

    53. Re:Some artists just want to be heard... by MaestroSartori · · Score: 1

      We're getting on well, but are still at cross purposes a bit:

      I agree that copyright isn't necessary to make money from music. What *is* necessary though is the will of people to pay for recordings of music. That's what I think is slowly disappearing, mostly because of the actions of big labels and the emergence of P2P. And that's why I worry about the future of recorded music. Releasing things with Creative Commons licenses, or just releasing them and letting people do what they like, it's fine. But some means of rewarding the artists would be nice. Not to the tune of millions, a living wage for production of music in the way you describe.

      I'm not really sure where I'm going with this argument any more, except to try and find out what the future of purely recorded music might be. It sounds like it isn't a rosy one, that's for sure - strictly part time supported by day jobs seems to be the way of it. Ah well.

    54. Re:Some artists just want to be heard... by Asklepius+M.D. · · Score: 1
      A service only has value as a service

      Possibly, but by arguing the inverse (the value of what is lost if the service is not rendered) we determine the value (distinguished from price) of the "service". The service then has the value of the potential loss and is much more valuable than the act of service itself.

      A creation has perpetual value.

      Nothing outside the fantasy realm of copyright maintains its original value in perpetuity. A creation can appreciate or depreciate as easily as anything else. Similarly, the performer is not always the "creator". RIAA and the labels aren't creators. If, for the sake of arguement, I subscribe to the idea that a creation deserves extended compensation, then that compensation should devolve solely on the creator, not intermediaries and distributors. By your analogy, the designer/constructor of a house or piece of furniture is a creator and we should pay their family in perpetuity for the right to use a chair or a building. Is the designer of a public bridge creating or servicing? The line between service and creation blurs rapidly. Perhaps short term copyrights are warranted to protect a creation until it reaches the market, but it certainly shouldn't be protected past the life of the creator.

      --
      He who would be a man, must be a nonconformist. -- Emerson
    55. Re:Some artists just want to be heard... by liquidsin · · Score: 1

      the problem with that is that somebody then has to front the money. if i can't get paid for each cd that gets sold / copied, then some entity (perhaps a record company) has to pay me up front for it. if you're willing to give me, say $25,000 USD (a modest salary for a year) so that i may go about the business of making music full time without having to worry about the rent / groceries / etc., fantastic. i look forward to doing business with you. so how do you plan to recoup this money you've paid out? selling copies of the cd? makes sense, right? if you design a piece of furniture, you get paid for the design and the manufacturer sells the pieces they build based off of your design to recoup the costs of paying you. and if i could go download the design, click my mouse a few times and have my computer spit out an exact copy of it, don't you think the furniture company would be pissed? then they'd be less willing to pay you to design furniture if everyone is just sharing the plans and making their own. it's a tricky situation and i wish i had an answer. personally, as a musician, all i want is to be able to make enough money off of music to do it as a living without having to work another job. comically enough, i have friends who play in cover bands and make enough money (playing other people's music) to support their families. but try doing that with your own music. a big part of the problem is that without the recognition of cds on store shelves and radio play, gigging on original tunes is hard to do. more people will go to a bar/club to see a cover or tribute band than will go to see an original act.

      --
      do not read this line twice.
    56. Re:Some artists just want to be heard... by ??? · · Score: 2, Insightful

      Why *do* so many people seem to have this base-level objection to paying for recording music?

      I object to paying for duplications of recorded music (which is what is being sold) because they have next to no intrinsic value.

      Copyright law has the effect of creating an artificial business model. It allows duplicators (the record labels) to create a tie between the creative process (which has intrinsic value due to scarcity) and the duplicates of the product of that process (which have next to no intrinsic value because of practically zero marginal cost). Exclusively because of the force of the state, the duplicators can then extort a price for their (next-to) zero-value product. This creates a fundamentally distorted market.

      Not only is this distorted market bad for consumers, it is bad for artists as well. While their process is the only thing with intrinsic value in the system, the business model turns things on their head. The creative process is a cost-centre, not a revenue-centre in this model. New development is only funded insofar as it can increase the artificially-tied duplication business. This results in the lack of diversity apparent in the industry now. What is more, because the current artificial business-model is vastly lucrative (for the duplicators) and artists are locked in usurious contracts with the duplicators, development, discussion and examination of alternative natural business models are stifled.

      What (natural) business models have worked for funding the creative process in the past? Certainly, patronage has a history, though it seems that the connection between those that benefit from the process and those that pay for the process is tenuous at best. It seems that society at large benefits from the creative process, so perhaps the search for a business model should start there. I am not suggesting the formation of a business model based on state support here - the state serves as a weak proxy for society at large... hmmm... any thoughts?

    57. Re:Some artists just want to be heard... by Spinalcold · · Score: 2, Insightful

      Ok, I'm tired of people commenting that musicians don't work for a living. Creating music that people enjoy and that you yourself enjoy is hard work, just like a carpenter building furniture that people will enjoy and something that they will be proud of creating. Proforming that music is hard work, I play extreme metal as a vocalist and lead guitar and playing that fast, screaming that hard and expressing myself that much for an hour or more leaves a person completely exhausted. It takes a lot more effort and integrety to do that then come here to this office job and work 8 hours a day. Record and mixing music is really hard as well, I didn't realize how hard until I recorded my last album and spend time and time again going over the same thing until it was right and then sitting on the mixing board listing to the same song all day until it sounded good.

      Just like a carpenter can enjoy building cabinents or tables, or a cook can enjoy cooking, what they do is what they enjoy and if they had another job, they would do that on their own time. If they can make money doing what they enjoy, why can't musicians make money doing what they want? Or how about authors, they get paid for their books. I am also in a writting group where I have been writting stories for 7 years, none of this will ever be published and I won't make money on it. But if I chose to publish something, why can't I make money off it?

      Being a musician is not all the fun and glory you may think it is. It takes a lot of time, money and effort and not everyone can do it (not everyone can be a carpenter or a programer either). I'm just tired of people saying for us to get a day job, most of us do and most of us are struggling to get out of it so that we can create more better music.

    58. Re:Some artists just want to be heard... by DrRobert · · Score: 2, Interesting

      A creation does have perpetual value. Whether that is monetary or not is another question. Personally I would be for very short copyright 25 years or so, analagous to patents on new drugs (16 years to make your money). In exchange for the shortened copyright, I would fully criminalize copyright violations so that they consitute theft (legally and not just morally) and are punishable by police action and not just civil action. That system would increase value to the copyright holder in that it would be more stictly enforced and increase value to the society in that the works would be widely available for public benefit sooner. The modifications to the law would also need to include provisions that intermediate agencies could not benefit without explicit contracts from the copyright holder, in other words no money should be collected except that going to the holder, minus some small fee for the collection, but that would need to be spelled out by contract.

    59. Re:Some artists just want to be heard... by ynohoo · · Score: 1

      I assume the parent is not creative because his statements are those I have never heard from creative people - even hippies and communists.

      Yes I acknowlege the contribution of my peers and ancestors to inspire creativity. But each creator must be adding something of value if their work is to be more than merely derivative. That value can be exchanged for social kudos, or cold hard cash - and that decision is creators, not some asshole looking for freebies.

      I'm happy for you that you consider social kudos sufficent reward for your contributions to open source. It must make that Wal-Mart job all the more satisfying.

    60. Re:Some artists just want to be heard... by JesseMcDonald · · Score: 1
      Obviously, songwriters can't get an immediate return . . .

      Why is this "obvious"? There are a number of ways that a songwriter could get an immediate return, the simplest of which is to estimate the total value of the song over time and sell it to one or more individuals or groups in need of new material at a fair market price. Depending on the type of song, this could include performers, creators of higher-level works like games or movies, music distributors[1], etc. The song could only be sold once, not in perpetuity, but the price would reflect the total worth of the song to the buyer(s)[2]. It would be the songwriter's job, of course, to ensure that (on average) the investment in creating the song is not greater than the song's worth, just as it is now.

      [1] Even without copyright, there would still be a market for distribution of music in various formats for private use. The primary source of income would be the distribution itself, of course, but the distributors would need to commission new material from time to time to stay in business.

      [2] The sale price need not be a constant value. The songwriter could negotiate for a percentage of sales, for example, or stock options, or some other form of variable compensation. The one thing the songwriter could not do would be to collect a usage fee (royalty) from non-buyers once the song is made public, so he/she/they should take care to set the sale price accordingly.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    61. Re:Some artists just want to be heard... by mazarin5 · · Score: 1

      I think a lot of people assume that people like Mozart or Beethoven were well paid for their time. Really, composers were a dime a dozen; any wealthy person had at least one, just as they might have a chef or a coach driver. Like with any profession, only a few of those many, many composers were truly outstanding and are well known to this day. They may have earned more lucrative contracts than their peers, but how much is the most revered chaffeur or butler paid today?

      --
      Fnord.
    62. Re:Some artists just want to be heard... by largenumber · · Score: 1

      Agreed!

    63. Re:Some artists just want to be heard... by beoswulf · · Score: 1

      "If you buy my CD, you pay me once and don't have to pay me ever again."

      Not quite, I've bought your album once on vinyl, paying you for the material cost of making the record and for your creativity.

      Then I purchased your album again on 8-track, you again got paid for your creativity.

      When cassette tapes came out you again got paid for the same creative work you did years ago. You didn't have to lift a finger.

      When CDs came out even though the manufacturing cost of a disc is miniscule and you didn't activate a single, new creativity neuron, I again had to pay you full price for the same creativity I purchased twice in the past.

      Finally today, with distribution costs nearly eliminated, you want to charge me for my own electricity rearranging bits on my own harddrive, so I can again pay you for that same old creativity.

      Obviously you can tell I'm a huge fan of yours but youhave been treating me like a groupie slut since 1983. So I maybe, won't and will steal your work creativity when I get my quantum computer.

    64. Re:Some artists just want to be heard... by Anonymous Coward · · Score: 0

      If I had mod points I'd mod you up. Truer words have never been spoken.

      You have to live it to understand it. No substitute for experience.

    65. Re:Some artists just want to be heard... by smoker2 · · Score: 3, Insightful
      Without copyright licensing (and copyright expiration, grrr Disney), then the creative process becomes something that people can only do in their spare time, when they're not working at their day jobs. I hate to tell you, but making art is not exactly an easy process. You don't just sit down and think 'I know, I'll make a hit single!' and then spend a few hours a night for the rest of the week polishing it up. It takes hard work, it takes passion, it takes enthusiasm.
      And most importantly, it takes luck. A hit single exists only because the fickle public like it and buy it. You could spend a year "creating" a piece of shit , but under your rationale, we should still have to pay you in perpituity just because it's "what you do" !
      So we should not contribute to the artists that make music we wish to listen to? They should give us their creativity for free? We should not have to pay for performances?
      Classic straw man. As was your crack about only getting $15 for an album. If that album sold 1 million copies, you stand to get $15,000,000. Does that cover your expenses for a year, in any way, at all, hmmmm ?

      But no, apparently, not only do you get to make $15M for 1 years work, you get to make money from that years work, for the rest of your life ! And if anybody dares to suggest that maybe you've had enough, you start complaining that your fucking family won't be able to survive without the income from a 20 year old lucky break ! Last I heard, families of lottery winners can not expect a regular payout from the lottery.

      Breathe ......

      If I'm ranting, it's because I saw a BBC news article yesterday, where some pimply lawyer was asking for the UK copyright laws to be brought into line with the US, because it simply isn't fair that people who made a record in the sixties, can't expect their entire line of descendants to ponce off it !

      Colour me disgusted.

      In fact, I don't care if they extend copyright to infinity, it will only cause me never to buy another cd/dvd ever again. Wonder how much money great-nephew Larry (on the mothers sisters brother-in-laws side) will be able to expect then ?

      It's funny, someone wrote a song which said "Pop will eat itself". How ironic.

      If you honestly think this, then you don't understand what art is all about.
      Bwhaa haah haaa haaah haaahahaha ! And you do do you ? Apparently "Art" is all about making money, when all along I thought it was about self expression.

      Did Michelangelo get paid for painting the Sistine Chapel ? Why yes he did ! Did Michelangelo get paid every time somebody looked at the ceiling in the Sistine Chapel ? No, no he didn't.

      Last I heard, Michelangelo is considered a great artist.

    66. Re:Some artists just want to be heard... by Secret+Agent+X23 · · Score: 1
      Doctors have to do additional work to see each patient. Artists on the other hand (and record companies) expect to be paid in perpetuity for one piece of work they might have done years ago.

      And yet, I can't get past the idea that somehow, just strictly from the business point-of-view, Pink Floyd deserves more compensation for "Dark Side of the Moon" than Wild Man Fischer deserves for "An Evening with Wild Man Fisher."

    67. Re:Some artists just want to be heard... by Asklepius+M.D. · · Score: 1

      A service can have perpetual "value" as well. We all want to be healthy, so the value of the service provided by the physician can last indefinitely as would be readily seen if physicians were in short supply here as in other places of the world. I would argue for a 5 year copyright to prevent the same abuses we currently see in the pharmaceutical industry you reference. Because of these copyrights (and patents, since we're talking about drugs) useful new meds are prohibitively expensive to the people who need them most (cf. AIDS in Africa) as the drug companies try to maximize their profits. Value is an intangible concept that can only obliquely and inconstantly be quantified. In a sense, it's in the eye of the beholder. To mandate a value, therefore, is to remove the very flexibility that maintains moderation. Supply and demand work best in an open market, regulated only to ensure safety and ethical practice. To an individual, the ownership of an idea may seem wise. On a social scale, however, copyright constricts innovation within the whole and is therefore undesireable. Some happy-medium is desirable, and the open debate required to reach it is only possible if all interests are represented equally. Currently, this is not the case, and only corporate interests are adequately represented to the detriment of all.

      --
      He who would be a man, must be a nonconformist. -- Emerson
    68. Re:Some artists just want to be heard... by ceoyoyo · · Score: 1

      Just to head it off at the pass, I agree that musicians should be able to make money from selling recordings. I don't agree that they should use price fixing cartels to do it.

      But... your comment about wanting to make a living but not wanting to tour. I'd like to make a good living by sitting on a sailboat writing descriptive prose. I don't have any particular interest in doing anything that seems too much like work.

      Guess what? That's not usually the way it works. If you want to make a good living sometimes you have to do things that you don't particularly have an interest in. The public (ie your customer) is indicating pretty clearly that they don't think current prices for music are fair. If you want to make a good living, and you want to do it by making music, it's time to change your approach.

    69. Re:Some artists just want to be heard... by Jah-Wren+Ryel · · Score: 1

      Then where's the incentive to write a good book that people want to read? If you're lucky, you'll get paid on the basis of what your last book earned...but I'm pretty sure this would just be an opportunity for book publishers to screw authors--particularly new authors.

      Are you a published author? Then you know quite well that under today's system the book publishers royally screw over the new and even the semi-established authors.

      You hit upon the solution and then dismissed it with a fallacy. EVERYBODY pays their dues - be it in an entertainment industry or not, we all start out small and work our way up. Your worth is constantly evaluated on what you did last - do you think that Stephen King could get multi-million dollar contracts for his unwritten books if his previous books were not best sellers? Just about everybody's future earnings are based on their reputation from prior work.

      PS - under a comission model, book (and most other media) "publishers" would be vastly different - today they serve the role of "venture capitalist" but under a comission model they would work for the author and simply be promoters and possibly distributers.

      --
      When information is power, privacy is freedom.
    70. Re:Some artists just want to be heard... by Jah-Wren+Ryel · · Score: 1

      I just love it when people who have not done anything creative since pre-school preach to those blessed/cursed with talent on how they deserve free access to their creations.

      I code for a living. I do it as a contractor and every single new contract I sign is based on the quality of the work I have done before. If you think coding in general is not 'creative' then you need to see some of the GUI's I've designed - they are at least as artistic as any sort of commercial art design or layout - simple, elegant, functional and intuitive.

      But you know what? FUCK YOU. It doesn't matter how "creative" I am. What matters is my ability to clearly perceive the situation.

      What I see is a world in which it is impossible to stop people from making copies of digital information - be movies, music, books, architectural plans, or even software, therefore it is pointless to try to charge money for copies. Instead of whining about it, I have come up with another method to compensate the creators. A method that can be at least as lucrative as the current copyright model without any of the social damage that copyright model is inflicting on society today.

      If you are so damn creative - where is your solution? And puh-leaze, no pie-in-the-sky "people are good so trust them" bullshit either. Something that acknowledges the realities of modern society instead of pretending they don't exist.

      --
      When information is power, privacy is freedom.
    71. Re:Some artists just want to be heard... by Jah-Wren+Ryel · · Score: 1

      the problem with that is that somebody then has to front the money.

      I am sorry, I did not read the rest of your comment, the lack of paragraph breaks hurt my head too much. But I suspect it was all elaboration of that one idea so I will address it.

      The answer comes from the problem. The internet makes it feasible to send copies of a song out to 100 million people for no marginal cost. What we need is an infrastructure to collect money from those 100 million people with no marginal cost. A way that people from all over the world can easily put small amounts of money (from $1 to $100 or so) into one central account.

      With such an infrastructure in place, then the people fronting the money will be the ones who actually want the end product. Not some middleman who doesn't give a rats ass about the quality or the content, the actual consumers.

      Briefly, the way it should work is for the artist to publish his asking price. The buyers all pay into the escrow fund, once it hits the asking price the artist gets to work and upon releasing the fruits of his labor to the public domain, he collects the money from escrow. The buyers get what they want, no strings attached and the artist gets compensated. If the results are good, then they will be passed around to other non-buyers, acting as advertising for the artist's next project for which he can ask even more money for.

      If, on the other hand, the escrow balance never reaches the asking price - the artist can either lower his price to something attainable, or give the money back. Or go on a fundraising drive like NPR.

      --
      When information is power, privacy is freedom.
    72. Re:Some artists just want to be heard... by ClamIAm · · Score: 1

      Sorry, but doctors have HUGE lobbying abilities that they can and do exercise.

    73. Re:Some artists just want to be heard... by ynohoo · · Score: 1

      I never claimed coding was not creative, although mostly it is "craft" rather than "art", if you recognise the distinction. Craftsmen have usually been paid by the hour or job, where as artist, in prior ages required a patron, but since the advent of the mass media, are now freed to make a living by controlling copyright.

      I don't need to come up with a solution to the current ease of digital copying, since I believe that copyright already covers it. It is easy to do many illegal things, that does not mean you should throw out the laws, which are the social norms as agreed by our elected representitives. If you want to change the laws, you need to change that representation.

      That does not mean that I think RIAA's claims for damages are reasonable, since they are being used more as a shock tactic to try to frighten others into compliance. Nor do I like the more extreme forms of DRM: simple, less invasive solutions suffice. I do support "fair use" rights, as established in the early days of video, and digital backups should be permitted. I also am opposed to software patents.

      A solution to the problem? Reign in the corporate bully boy tactics against private individuals, but make peering services liable for enforcing copyright. Sure it's easy to get around the restrictions, but that does not make it right.

    74. Re:Some artists just want to be heard... by shark72 · · Score: 2, Interesting

      "If I repair your car today - no matter how good a job I do - you pay me once, and I get to eat today. If your car keeps running for another 20 years, you don't have to to keep giving me royalties because of what a great job I did. Hell, even a doctor only gets paid once for a life saving operation."

      The basis here is that musicians, poets and authors are typically the three lowest-paying jobs. There's little or no job security. By comparison, it is relatively easy to make a steady income if you are a trained mechanic or doctor.

      "However, if I make a hit album today, the RIAA, CRIA think that I should be allowed [or, more importantly, they should be allowed] to live off the proceeds of that record for the remainder of my natural life, as can my family for 50+ years after my death."

      FYI, much of the long-term royalties that help pay the rent -- radio airplay, covers and the like -- are administered through ASCAP/BMI and the record companies see none of it.

      "Why are creative people rewarded in perpetuity, when doctors don't?"

      Because -- as covered above -- trying to make a living in the creative arts can be very, very tough. It is by no means a guarantee of riches, or even a living wage.

      "Because creative people get to write legislation."

      Are you sure about that? I've known several authors, poets and musicians in my lifetime, and none of them have been involved in writing legislation.

      Are you also positive that the medical industry doesn't have an effect on legislation? The pharmaceutical industry alone (which has a lobbying group that's distinct from the the medical device lobby, the HMO lobby, and so on) spent $44MM in 2003 and 2004 just on state officials. If this contradicts your understanding that the medical profession does not have an effect on legislation, please let me know.

      --
      Sitting in my day care, the art is decopainted.
    75. Re:Some artists just want to be heard... by MaestroSartori · · Score: 1

      Maybe one of the most pertinent comments so far, well spoken.

      I'd argue that writing prose on a sailboat would be a fine way to make a living, as long as people then paid to read it. Books aren't currently under threat in the same way I think recorded music is. Most people still go and buy a physical book, and the author gets a bit of cash. Maybe not much, publishing deals are probably as bad as record deals for new writers. But I digress...

      Making recorded music, despite being enjoyable, is actually pretty hard work sometimes. Ignoring the creative process of writing a song, you can spend a very long time (and often money) getting the vision you have for that song into recorded form. I think this is the bit of the process that's most under threat, and any artist who did want to concentrate on that part of the process probably does have to change their approach now. I'm just not sure that's entirely a good thing...

    76. Re:Some artists just want to be heard... by UnknownSoldier · · Score: 1

      I wonder how many other programmers / geeks are into:

      * Music
      * Martial Arts
      * ??

      Cheers

    77. Re:Some artists just want to be heard... by shark72 · · Score: 2, Insightful

      "Not quite, I've bought your album once on vinyl, paying you for the material cost of making the record and for your creativity. Then I purchased your album again on 8-track, you again got paid for your creativity."

      That's correct. If you would like one copy of an album, it'll cost you $13-$15 or so. If you would like to buy five copies, the store will charge you $75. If you would like to buy one CD of the clean version, one CD of the explicit version, and three copies of the cassette version, that's also $75.

      "When CDs came out even though the manufacturing cost of a disc is miniscule and you didn't activate a single, new creativity neuron, I again had to pay you full price for the same creativity I purchased twice in the past."

      I'm not sure I follow. Are you of the understanding that the manufacturing cost is a majority portion of the cost of sale? That's not correct for many industries (including the computer peripherals industry) and it's certainly not the case with CDs.

      I'm also not sure why you wrote "I again had to pay." It's your choice. If you would like the CD, buy it... if you don't want it... don't. You don't have the right to free copies in other formats (the same goes for painting, books, movies, and so on). If that were the case -- say, for example, with each CD you purchased you got a golden coupon that you could redeem in perpetuity for more copies -- that would have to be built into the initial sale price, and it would no longer be $13 - $15.

      --
      Sitting in my day care, the art is decopainted.
    78. Re:Some artists just want to be heard... by Anonymous Coward · · Score: 0

      A good point, "touring" doesn't cut it for a lot of kinds of music, such as say, writing symphonies, or creating IDM, electronic music, which can take tens to hundreds of hours per track (especially outside of mainstream pap.)

      Besides, touring is bloody hard work for usually no reward at all minus enough money to pay for the tour. (Unless you're pushed by the big studios). It's like saying, "If you're an independent musician, you're not allowed to have a family or a girlfriend or a life if you want to make money off your music."

    79. Re:Some artists just want to be heard... by shark72 · · Score: 1

      "Classic straw man. As was your crack about only getting $15 for an album. If that album sold 1 million copies, you stand to get $15,000,000. Does that cover your expenses for a year, in any way, at all, hmmmm ?"

      A million copies classifies a CD as "platinum" (gold is 100K copies). I've known various people who try to make money at music, but I've never known anybody who's successfully released a platinum album. I think they are rare. Do you disagree?

      "But no, apparently, not only do you get to make $15M for 1 years work, you get to make money from that years work, for the rest of your life!"

      Exactly... you've put your finger on it. That person who manages to sell a million copies of the album, and moreover, have that album enjoy enduring success (think the luminaries here... Elvis, The Who, etc.) is very lucky indeed.

      But, we know that this doesn't happen very often, and it's unfair to resent the system in which artists are compensated based on a few rare examples. Likewise, it would not be fair to me to scream about how people in the computer industry are over-paid whiners using Larry Ellison as an example. Every industry has its superstars while most toil in obscurity.

      --
      Sitting in my day care, the art is decopainted.
    80. Re:Some artists just want to be heard... by Rich0 · · Score: 1

      Uh, you do realize that it takes 5 years just to do the safety trials on a drug to get it on the market, right? If the patent lifetime were 5 years nobody would bother. Why make what will end up being a generic medication when you can just make aspirin pills for the same marginal profit and far less sunk costs?

      Obviously patents need to be reasonable, but unless you make a distinction between the haves and the have-nots you can't sell anything. If you consider profit from health care immoral then you're going to have to tax people a great sum to provide for it, and then you're going to have to make public policy as to which diseases will and won't get R&D'd and to what levels. With private funding the consumers get to decide.

      Which isn't to say that public medicine couldn't work, but it wouldn't be nearly as cheap as a lot of people think, and it would have a whole new set of issues...

    81. Re:Some artists just want to be heard... by Rich0 · · Score: 1

      Uh, that wouldn't work without copyright, unless purchasers paid without listening to the song first (like a commissioned work of art). Otherwise when you play your tune to a prospective buyer they just need to smuggle in a tape recorder and have their own band perform it the following week without giving you a dime. Even if you strip-searched them they need only remember the tune and lyrics and they could probably put it back together reasonably well with the right talent. Compared to the cost of a record deal that would be VERY cheap...

    82. Re:Some artists just want to be heard... by bentcd · · Score: 1

      I write stuff I couldn't possibly perform.

      As does Britney Spears, but that doesn't stop her from "performing" her songs and raking in cash for it.

      (Well, ok, perhaps she doesn't write it herself, but you get the point.)

      Surprisingly often, a personal appearance is all people really want. They don't necessarily care that the music they hear is playback. But for them to want to see you in the first place, it is presumably useful that they had a chance to fall in love with your music first. Distributing free MP3s seems a decent enough way to achieve this.

      --
      sigs are hazardous to your health
    83. Re:Some artists just want to be heard... by mlylecarlin · · Score: 1

      Art doesn't work like Linux. 4 unoriginal guys in their garage can still do fantastic things in the world of music. Without a completely new idea, they can't do that in the world of software. You're basically saying the directed, highly organized, marketed world of modern music is producing better work than the old ways. You're saying one Beck and ten Britneys are better than a Mozart and a Beethoven. I love a lot of modern music, but, BAH!

    84. Re:Some artists just want to be heard... by ceoyoyo · · Score: 1

      I'd love to write prose on a sailboat. Maybe one day I'll be able to... if I'm good enough at it. I suspect a very good musician could probably work out a way to concentrate exclusively on recording music as well. He or she would always have fans willing to support his work. A mediocre one, or a mediocre author, probably can't do so.

      I definitely agree that the music industry is going to have to change their approach, which means (some) artists are going to have to change the way they get their music recorded and distributed. I'm not sure it's a bad thing though. Maybe file sharing will be the impetus to return some integrity to the music industry. Perhaps artists won't have to make the choice between starving and "selling out" anymore.

    85. Re:Some artists just want to be heard... by ultranova · · Score: 1

      A service only has value as a service, that is why artist only get paid once for a concert. A creation has perpetual value. Doctor's get paid once to treat a patient, they get paid for long after that patient's death if they create something (a textbook, a device, a therapy) from that patient's treatment.

      Unless the operation was completely pointless, it has perpetual value. I find functional internal organs, for example, to be extremely valuable to me every day of my life. That doesn't mean that I should be paying the doctor who removed the bullet from my guts and sew them shut for every day the rest of my life. For that matter, I get perpetual value from that beef I ate yesterday: my body used the proteins in it to build muscle. Should I keep paying the butcher for the rest of my life, or at least until the material gets replaced through normal metabolic processes ?

      This argument is stupid. Almost anything has value beyond the moment it was bought/consumed. It leaves me with fond memories if nothing else. My house has perpetual value - I live in it. Food has perpetual value - I wouldn't be alive today if I'd starved death yesterday. A book has perpetual value - the ideas stay with me the rest of my life. An ice-cream cone has perpetual value - I enjoyed it and will remember it with fondness for years to come. And so on.

      I'm slowly coming to the conclusion that copyrights shouldn't put any restrictions on copying, making derivative works, or anything like that; they should only mean that you have the right to be acknowledged as the original creator - that is, the copiers must say that you did it, and the makers of derived works must say that they used your material.

      The current system makes it illegal to mix & match material, and that is seriously constricting creation, since every effort needs to start from the scratch; there's no reason why every artists needs to paint their own fucking scenery, not in the time of digital composition. It's just a waste of time.

      And no, I haven't been really shot. It's just an analogy.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    86. Re:Some artists just want to be heard... by Asklepius+M.D. · · Score: 1

      The 5 years should apply to copyright not patents. These are two distinct areas of law and are applied for completely different reasons. Patents IMHO should be abolished. Drug companies would still research drugs, be first on the market, etc and they would still make money, albeit not hand over fist. They would not be able to patent amino acid combinations or sections of the human genome and charge license fees for research on them. Progress is not being furthered by such practices. Further, the R&D would be performed on drugs that are actually NEEDED rather than on small "improvements" to drugs that have generic counterparts with near-equal efficacy. Of course, this all implies that the majority of research funding for drugs comes from the private sector. In reality, the government pays for or subsidizes much of the new research work in drugs geared toward diseases, leaving the pharm companies to do R&D on the latest anti-aging or sexual enhancement formula (accounts for 90% of all new drugs). Social medicine is a whole different arguement that I won't get into now although I agree it's not the panacea that it's portrayed to be.

      --
      He who would be a man, must be a nonconformist. -- Emerson
    87. Re:Some artists just want to be heard... by thectrain · · Score: 1

      So Bob builds a bathroom. But its a real nice bathroom so he charges an admission fee. But once anyone pays that admission fee Bob has been paid to build that bathroom and he no longer owns it and that bathroom is now public domain.

      Ok stupid example but, An artist records a song, that song is released on CD 1 person buys that CD and now everyone owns that song. That is stupid, obviously that song belongs to the artist untill the artist is dead and longer if he leaves it to his estate.

      If I record my work I should be able to do what ever I want with it. If I want to charge $100 an album then I can cause I own it I can set any price I want. No one has the right to listen to my stuff unless they have met my conditions for listening to it. Just like you cant enter my house without my permission.

      With that being said it would be stupid to charge $100 an album but I damn well could if I wanted to.

    88. Re:Some artists just want to be heard... by Jah-Wren+Ryel · · Score: 1

      That is stupid, obviously that song belongs to the artist untill the artist is dead and longer if he leaves it to his estate.

      Yes, obviously!

      Lollerskates

      --
      When information is power, privacy is freedom.
    89. Re:Some artists just want to be heard... by Jah-Wren+Ryel · · Score: 1

      Craftsmen have usually been paid by the hour or job, where as artist, in prior ages required a patron, but since the advent of the mass media, are now freed to make a living by controlling copyright.

      Your definitions are totally out of whack. Going by that definition, Bill Gates is the greatest artist in the history of humanity. Trying to make a distinction between artistry and craftsmanship does nothing to enhance understanding of the issue -- if anything it just caters to the stereotype of the artist trying to pump up their own ego by randomly picking some attribute and labeling it "better."

      Reign in the corporate bully boy tactics against private individuals, but make peering services liable for enforcing copyright. Sure it's easy to get around the restrictions, but that does not make it right.

      This solution belongs squarely in the "pie-in-the-sky "people are good so trust them"" category. Right and wrong mean NOTHING in the market. Is it "right" that Brittany Spears has made multi-platinum albums?

      The only thing that matters in a market is human nature. Unless you can figure out how to change human nature (good luck with that!) then no "trust people to do the right thing" approach will work beyond short-term and niche markets with very tight communities.

      --
      When information is power, privacy is freedom.
    90. Re:Some artists just want to be heard... by jZnat · · Score: 1

      If you didn't already know, Mozart made a great living being a composer. Many of his works were also derivative works, and with modern copyright, he'd be considered a criminal. Facts are important.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    91. Re:Some artists just want to be heard... by richie2000 · · Score: 1
      You don't have the right to free copies in other formats

      So which is it, do we buy the CD outright or do we buy a license to listen to it? If it's the CD, it's our physical property and I can do what the hell I want with it (including viewing any and all DRM measures as infringring on my property rights) but if it's a license, we actually DO have a right to free copies in other formats.

      --
      Money for nothing, pix for free
    92. Re:Some artists just want to be heard... by richie2000 · · Score: 1
      Which isn't to say that public medicine couldn't work, but it wouldn't be nearly as cheap as a lot of people think

      The current system has a lot of hidden costs. Read this.

      --
      Money for nothing, pix for free
    93. Re:Some artists just want to be heard... by JesseMcDonald · · Score: 1

      Presumably the buyer would be under an NDA of some kind until the actual sale takes place. Copyright-by-contract (which is more like a trade secret, really) has many inherent limitations compared to a full copyright system, but one thing it can do is prevent a specific individual or organization from legally publicising the material prior to the sale.

      Also, there are other ways of mitigating this particular risk. An artist with a reputation for quality work could require full or partial payment in advance, or over time during the creation of the material, as you yourself pointed out. Alternately, the artist could require a deposit from potential buyers, ensuring the if the unpublished material is leaked prematurely the artist will still receive some compensation. However, I believe that a simple NDA specifying appropriate terms of compensation would probably be sufficient. Unlike copyright, where practically anyone on the planet could be a potential infringer, there wouldn't be much trouble tracking down the one potential buyer that violated the NDA.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    94. Re:Some artists just want to be heard... by Rich0 · · Score: 1

      The only way you're going to get private drug R&D without patents is if you get rid of the FDA - nobody is going to do a $500M clinical trial for a drug that costs 10 cents/pill.

      Very little drug research occurs for compounds that are only marginally better than other compounds that are currently available generically. You do find research on compounds that are only marginally better than other branded compounds - and this is a good thing. Choice leads to negotiated prices, availability of alternate options for those with allergies, etc.

      The only way that a patent-free system would work is if all drug R&D is government-funded. Right now abut the only stuff that is publicly funded is non-applied - such as finding possible drug mechanisms, etc. While this is very critical to drug discovery, it amounts to a small portion of the total costs. The big cost is clinical trials, since those involve lots of doctors, who don't do anything for peanuts.

      In any case, the solution is simple if you want public medicine. Just leave patents alone - have the NIH develop some drugs and patent them - then license them for anybody to produce. We can then see how expensive this is and if it makes sense to continue with this. If it doesn't work, we can go back to the status quo. If it does work, we can continue with it.

    95. Re:Some artists just want to be heard... by Znork · · Score: 1

      "What, equally?"

      Yes? No? Maybe? Why 75 years? Why amount X?

      Feel free to set up the criteria, and construct a system based on what it's _supposed to do_.

      The purpose of a creative incentive system would, of course, be to maximize the number and quality of people able and willing to support themselves by creative work, at the highest level of efficiency for the cost to society. As such, you probably would want a sliding scale that maxes out at a fairly good living for the most popular works, to maximize the production of desireable works. However, when some get more, others would by necessity get less, which means you'd need a cutoff point where it's probably better to have two, or three fairly good creative people working than one very good person getting enough money to snort coke until they cant write anymore.

      "In which case, how do you keep track of how many people have what"

      If the copying of works isnt illegal there would be no disincentive to register copying. Considering this isnt a new problem, and it's already handled for various broadcast media, it's not like there arent a whole slew of methods to solve that.

    96. Re:Some artists just want to be heard... by x2A · · Score: 1

      You seem to wanna be moving where the money goes to, by moving where in the chain the money is taken from. Surely it'd be more efficient to keep distribution cost low, and as currently put the profit onto the final product. If you wanna spread the money more evenly, you then just put a tax on the high income artists, and put it into programs to help others get into it. Surely that's simpler than moving the profit out of selling and into media/duplication (before the content is added), then trying to trace where the media's going so you can send that profit (thru tax) to the creators of it. Why make things so complicated?

      And again, the problem with just giving money to the new creators, is that anyone who just wants a bit of cash can call themself one, throw out a few half arsed tracks, and expect money for it.

      Your idea's idealistic at the most, and totally lacks any forethought.

      --
      The revolution will not be televised... but it will have a page on Wikipedia
    97. Re:Some artists just want to be heard... by x2A · · Score: 1

      The other option, of cause, is to tax the coke and hookers ;-)

      --
      The revolution will not be televised... but it will have a page on Wikipedia
    98. Re:Some artists just want to be heard... by Znork · · Score: 1

      "Surely it'd be more efficient to keep distribution cost low"

      Currently there is no incentive to keep 'distribution costs' low, as there is no competition allowed. You cant buy Band X playing Song Y from company a, or company b or company c, you can only buy it from company a, ie, no competition. That's a large part of the problem; most of the actual cost on the end product is accrued in the distribution chains in the forms of evereything from marketing and payola through extraneous but tied in products (MTV videos, etc). As the consumers cannot obtain the product without these costs, a large part of the capital spent does not, in fact, go to the intended recipient (even with many high income artists), but gets eaten by costs far before that.

      "media/duplication (before the content is added)"

      After content is added. The whole point is to restore and enforce market competition on the post-creative process, while still funneling money into creative, but infinitely duplicatable, arts.

      "And again, the problem with just giving money to the new creators..."

      Assuming the system is so overfinanced that someone throwing out a few half-arsed tracks would actually reach a payout point. Conceivably, you'd tie the payments to a certain degree of distribution, just like today, and with cut-off points at the top and bottom. If that guy with the half-assed track gets his track copied and sold half a million times, it probably wasnt that half-assed, and he probably should get paid to create more. Likewise, if a currently big artist releases crap, and it doesnt get copied and sold, well, then they probably shouldnt get jack.

    99. Re:Some artists just want to be heard... by x2A · · Score: 1

      You're still trying to over complicating things and not thinking through to consequences.

      "You cant buy Band X playing Song Y from company a, or company b or company c, you can only buy it from company a, ie, no competition"

      This is because of one thing and one thing only - bands signing over their copyright to those companies, making it illegal for other companies to enter the market, so to stop this, you'd have to make it illegal for bands to sign contracts.

      But then, if you take your idea of further taxing distribution costs, you're just making it even more difficult for other companies to start distributing.

      You also have another problem - what company is going to want to invest in making an artist well known, when another company can then just swoop in, and sell the CDs at a lower cost because they've not had to market them? Investments -need- protecting, otherwise people won't invest (look at why the patent system was originally developed).

      If you really want to protect artists you'd have to unionise them, so that all artists would have to strike against companiest that exploit them, and also put a low statute of limitation on how long a record company can hold copyrights to an artists tracks, to stop record companies sitting on artists while not letting them produce.

      --
      The revolution will not be televised... but it will have a page on Wikipedia
    100. Re:Some artists just want to be heard... by Znork · · Score: 1

      "you'd have to make it illegal for bands to sign contracts."

      Without copyright there wouldnt be anything to sign away.

      "what company is going to want to invest in making an artist well known"

      Nobody. The idea isnt to make it profitable to sink a million dollar investment into a particular artist, that gains society as a whole nothing. That money is effectively thrown away, lost to the economy as the resources are used in producing undesired byproducts, and most definitely lost to any creative talent. We dont need there to be reasons to invest millions in marketing artists, something the internet and p2p use should have made painfully obvious by now. Again, look at classical music and orchestras; that genre survives, and even prospers, without exclusive rights.

      "Investments -need- protecting"

      Um... no. And this is market capitalism fundamentals; investments are in their essense risk, the reward comes from risking your accrued capital. If you put more capital into your product than you can extract in profits, then, well, you probably were less efficient than your competition, and you will not reap any profits, if you invest less than the competition, ie, come up with a cheaper way to do something you reap more profits. That's what drives the whole efficiency of capitalism.

      Now, _investors_ may want protection and security, a phenomenon which is known as rent-seeking and is fundamentally at odds with capitalism. I sympathize, I want a 10-20% yield off my investments without risk too, but to be frank, my personal desire for risk free profit without working might not be entirely relevant.

      "(look at why the patent system was originally developed)."

      Um... actually, I'd suggest you do that, and look at the actual reasons, not the propaganda. Originally the patent system was developed to reward friends and supporters of the crown by giving them a monopoly (thus further indirectly taxing the population without generating as much irritation as pure taxes). Eventually it got out of hand, and patents on things like, for example, salt, were one of the reasons of one of the british civil wars, IIRC. After the war, the letters of patent were curtailed even if not wholly abolished.

    101. Re:Some artists just want to be heard... by x2A · · Score: 1

      No, investments -do- need protecting... if you invest money in property, there are laws protecting it saying that nobody can just take it from you. If you invest money inventing something, there are laws you can apply to protect your investment so you can get return on it (yes the laws there have gone too far and for too long, but that's another debate). Without a basic protection that somebody can't just come and take something you've paid for, you're not going to pay for it.

      Not all music can rely p2p/direct downloads off the internet. Most of the music I listen to comes from vinyl, played by skilled DJ's in clubs etc. Producing vinyl costs.

      I am part of a music community, I and others in the community let others download our music for free. We don't need to abolish one system to let another one work. Artists that wanna share their stuff can, very very easily. Artists that don't... well there's usually better stuff out there from people who do, so who cares? If you wanna be in the commercial music scene, then you can. If you don't, then good for you, you can end up finding a much better quality of music. Removing copyright laws, and raising the cost of discs through additional taxation, will hurt things more than it will help.

      --
      The revolution will not be televised... but it will have a page on Wikipedia
    102. Re:Some artists just want to be heard... by Znork · · Score: 1

      "if you invest money in property"

      If you _buy_ property. There's a large difference between the economic concepts of investment and the economic concept of ownership.

      Again, I'd really suggest you read up on the concept of rent-seeking.

      "so who cares?"

      Unfortunately, as the indirect taxation properties of intellectual property is essentially equivalent to a very high sales tax, anyone who is interested in everything from the levels of employment to economic growth cares. They might just not understand enough of the economics to know they care.

      "raising the cost of discs"

      Competetively produced and distributed material should fall to a fraction of todays prices, so for a CD costing $1 I think we could stand a tax of quite a few cents.

  20. Re:Why do they have so much power in the first pla by ultranova · · Score: 1

    I think the biggest mistakes are from the government of giving so much one-sided power to industry instead of being a representative of the people as they were actually chosen to be.

    But don't you know, that the corporations are people too, at least legally ? And richer and more powerfull people than you could ever hope to be. Virtually immortal, too. So why do you think that the government would side with a short-lived powerless real human being like you against the gods of capitalism ? Especialyl now, when said entities are growing beyond any government by becoming international ?

    Or, to put it another way: Your feeble dreams are no match for the power of greed.

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  21. Pro-User Zealot by realitybath1 · · Score: 0

    Sam Bulte was the inventor of the "Pro-User Zealot" bumper sticker. She is an ardent activist in protecting the inalienable right of Canadians to download music, and banned corparate electoral influence peddling. Note that she did this all in the midst of her meteoric rise to becoming Queen of Canada.

    While her rule is now totalitarian and despotic, she is respected for being polite to anyone she is about to have stuffed into a concrete beaver-tail and sunk in the Ottawa canal.

  22. It's not all about the concert by bleppie · · Score: 1

    Sure, for some groups the live concert is an integral part of their art form, but for many musicians it's all about the music and for many it's some combination between music and live performance.

    Some musicians can't tour (health, visa, 2nd job, family, ...), don't like to tour, or are bad at live performance. Their artform is still worthwhile without the performance element, but without financial reward they might not be able to make their music.

    1. Re:It's not all about the concert by Anonymous Coward · · Score: 0
      Some musicians ... are bad at live performance.
      They are therefore bad musicians.
    2. Re:It's not all about the concert by ceoyoyo · · Score: 1

      If people are willing to pay for it in one way or another then yes, it is worthwhile.

      Plenty of other people have problems with health, visas, family, etc. that prevent them from doing what they'd really like to as well.

  23. If you are using bittorrent, by way2trivial · · Score: 1

    then you aren't wholly within canadian law..

    it uploads too.

    --
    every day http://en.wikipedia.org/wiki/Special:Random
    1. Re:If you are using bittorrent, by evilviper · · Score: 1
      then you aren't wholly within canadian law..

      it uploads too.

      Yes, the law is completely moronic.

      They might as well make it legal to buy and own guns, but still illegal for anyone to SELL them, EVER.

      Same paradox.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    2. Re:If you are using bittorrent, by Random+Destruction · · Score: 1

      Haha, or like making medical marijuana legal, but having no legal way to buy it. Wouldn't that be funny if cana- oh. right.
      Apparently thats the way we work up here :P

      --
      :x
    3. Re:If you are using bittorrent, by evilviper · · Score: 1

      It's not legal, it's just not a felony anymore. A little bit less ridiculous, anyhow.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  24. Please... by TransEurope · · Score: 1

    ...make the Record Indistries suffering end short and quickly.
    One, two years of boycotting theyr products, and art
    will be free once more again. The other alternative is
    that the RecI's death struggle will hurt all of us
    with their pestilence of DRM and IP-lawyers...

    Consume more Netlabels! *g*

  25. The internets go backwards by dangitman · · Score: 1
    After extensive clicking through links, I think I have a vague idea of what's going on here. What I don't understand is why none of the sources offer a clear explanation of what has happened. They spend a lot of time discussing irrelevant details, but none giving information on the background of the story.

    It's incredibly cryptic, the way the links and stories are written. Reminds me of the way that blog comments are arranged in reverse chronological order. Incredibly annoying. To understand it, you need to read the last link you click on first. WTF, people? How about writing for humans?

    --
    ... and then they built the supercollider.
    1. Re:The internets go backwards by Anonymous Coward · · Score: 0

      http://michaelgeist.ca/ he explains everything in a very coherent manner with tremendous detail.

    2. Re:The internets go backwards by gstoddart · · Score: 1
      It's incredibly cryptic, the way the links and stories are written. Reminds me of the way that blog comments are arranged in reverse chronological order. Incredibly annoying. To understand it, you need to read the last link you click on first. WTF, people? How about writing for humans?

      Ummm ... have you noticed the stories on Slashdot are posted listed in reverse chronological order? How about Fark? How about most web-based e-mail?

      Have you noticed that most sites do that?

      The reason is, the newest stuff is up at the top, right there for you to see. So that you don't need to scroll all the way to the bottom of the screen every time to see if there is something new.

      That way of presenting information is used practically everywhere.

      A monitor is not paper -- and people want to see the newest stuff first. This isn't rocket science.
      --
      Lost at C:>. Found at C.
    3. Re:The internets go backwards by dangitman · · Score: 1
      Have you noticed that most sites do that?

      Yes, and it usually sucks when you are talking about a story or comments. Have you noticed that slashdot comments are listed in chronological order? As for email, I don't know about you, but my email client lists things chronologically (or sorted by subject, if I choose). One of the reasons I dislike web-based email is reverse chronological order.

      I don't really care if most sites do that. One of the reasons I find the internet less useful these days is because of stupid layout and ordering. It being popular doesn't make it useful.

      The reason is, the newest stuff is up at the top, right there for you to see. So that you don't need to scroll all the way to the bottom of the screen every time to see if there is something new.

      You are talking about completely different paradigms. Listing news headlines is very different to telling a story. Notice how the English language reads from top to bottom? Notice how stories usually start at the beginning?

      We are talking about discussing a single issue here - why is it unusual to expect a coherent way of arranging the information?

      --
      ... and then they built the supercollider.
    4. Re:The internets go backwards by dangitman · · Score: 1

      I clicked on your link, and found the article CRTC "Analysis" at the top of the page, which does not shed any light on this issue. Where is this supposed clear summary of the issue?

      --
      ... and then they built the supercollider.
    5. Re:The internets go backwards by gstoddart · · Score: 1
      You are talking about completely different paradigms. Listing news headlines is very different to telling a story. Notice how the English language reads from top to bottom? Notice how stories usually start at the beginning?

      We are talking about discussing a single issue here - why is it unusual to expect a coherent way of arranging the information?

      In news, and factual reporting, you're often giving a summary at the front, with more background and analysis as you go further down. Think of the executive summary/introduction in documents. High level overiew first. Then more detail.

      If such a news story was presented strictly chronologically, people would not read it, because you're not telling a story. You're updating people on newer events -- the stuff they care most about. If that story read like:

      "In the beginning, there was no music. And then there was msuic, and there was much rejoicing. And then there was the RIAA which begat the CRIA, and there was much strife in the world. And the CRIA begat the recording levy on blank media, and there was even greater stife in the world. And then the members of the CRIA discovered that the CRIA was a shill for multinationals and started to decide they didn't want to play any more. And then the CRIA decided they might drop the media levy and change the legal status of downloads".

      Not only would it be absolutely fkucking boring, you would have to read the whole damned thing to know anything, because every history starts off like the Book of Genesis and assumes zero prior knowledge by the reader. It's not a strict narrative of chronological events.

      Start off by assuming people know something, tell that what has newly changed, and then present more background information and analysis to explain what is happening for those who missed it the first time.

      Read a newspaper, this is how this kind of stuff is presented.
      --
      Lost at C:>. Found at C.
    6. Re:The internets go backwards by dangitman · · Score: 1
      In news, and factual reporting, you're often giving a summary at the front, with more background and analysis as you go further down. Think of the executive summary/introduction in documents. High level overiew first. Then more detail.

      No shit. That's exactly what this article doesn't do, and what I was complaining about. It starts with details - and ends with details. There is no high-level overview anywhere in the links that I found.

      The slashdot writeup could have provided that overview - but for some reason did not. Basically, all the links assume inside knowledge of Canadian politics. That is unlikely among the slashdot audience, 99% of whom will have not been introduced to this topic. So, slashdot should have made up for the deficiencies in the article(s). Know your audience.

      --
      ... and then they built the supercollider.
  26. MC Lars by mindtriggerz · · Score: 0

    If I'm not mistaken MC Lars is on Nettwerk Records, one of the 6 that split from the CRIA.

  27. Your vison has became true a long time... by TransEurope · · Score: 1

    ago.

    http://www.phlow.de/netlabels/index.php/Main_Page
    http://starfrosch.ch/
    ftp://ftp.de.scene.org/pub/music/

    Only the former ruling industry hasn't
    recongized it yet...

  28. Re:Why do they have so much power in the first pla by evilviper · · Score: 1
    So why do you think that the government would side with a short-lived powerless real human being like you against the gods of capitalism ? Especialyl now, when said entities are growing beyond any government by becoming international ?

    An individual may be short-lived and have very little money in comparison, but the PUBLIC as a whole far outstripes any corporation. In fact, far outstripes ALL corporations, combined.

    The media industry is unlike most others, in that it really can't be an off-shore entity. If they don't play nice in your county, the government can remove copyright protections, and instantly kill off the business-model. So, no matter how big the music industry gets, they are still wholly, and quite easily, controlled by the government.
    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  29. And why exactly... by plasmacutter · · Score: 1

    is this little brouhaha not filtering to lawmakers pondering (more like currently burying) the "digital media consumer right's act" in congress?

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  30. Article Correction by Anonymous Coward · · Score: 0

    That should be, "Canada Is Falling Apart."

  31. behavior as expected by v1 · · Score: 1

    As an organization that represents wealthy companies or groups, the CRIA is just doing what they believe they are being paid to do. They call it "protecting the rights of their members", but "protecting rights" actually translates to "maximizing proffits". They could realy care less about anyone's rights, their job is to make their members richer. There's really nothing wrong with that, it may not be a nice polite way to look at it, but that is their business model and that's ok.

    The problem I have with it is how far they will go to further this goal. Most systems are designed to balance opposing groups under "normal" situations. But when you get huge corporations or groups of powerful businessmen with wads of money backing the cause, the human face gets taken off the actions and you end up with a merciless, ruthless drive. With a smaller group, if you try to pull some unfair crap on the public, you get caught, and you get burned. It hurts your reputation and ultimately hurts your cause. This is the limiting factor that makes up for the gaps in the laws and regulations. I suppose you could say the public shames the organization into behaving reasonably.

    Large groups like the RIAA and CRIA are big enough that this does not affect them. Pissed off a few hundred thousand people, so what? Does it affect their funding? Not immediately anyway. They still get their dues from the big 20 or so, and the artists they represent, and who are funding them, simply cry "it wasn't ME!" and then cut them another check. Who do they think they're fooling? Unfortunately, that'd be US. And so the injustice just continues. The organization just tries a new trick next month and hopes for better luck sneaking something through. Theere is no effective deterrant, so it just repeats again and again.

    The only way to break this cycle is for public awareness to improve. The people that are being affected by these groups needs to recognize that there is no face behind the CRIA, it merely represents the artists who fund it. If you have a problem with what the CRIA is doing, don't complain to or about the CRIA, it won't help. They don't care. Really, they don't. Complain to the artists, the CRIA's power base and support. Tell them how upset you are about what is happening to you, and tell them that you hold THEM responsible. Demand change from the people that can make it happen.

    --
    I work for the Department of Redundancy Department.
  32. What I want to know is... by StringBlade · · Score: 3, Interesting

    What needs to occur to cause major U.S. record labels to break away from the RIAA in the same fashion?

    I can only see this as a Good Thing(TM), but it seems like the CRIA is a mere shadow of the RIAA in terms of power and influence over legislation and the industry itself.

    --
    ...and that's the way the cookie crumbles.
    1. Re:What I want to know is... by iggymanz · · Score: 1

      yeah, even better to ask, how do we make the RIAA fall apart in a similar fashion?

    2. Re:What I want to know is... by ClamIAm · · Score: 1
      What needs to occur to cause major U.S. record labels to break away from the RIAA in the same fashion?

      It has been repeatedly shown that the only thing the recording industry understands is money. So basically, in order for them to leave a trade association, they would have to be in a position where leaving the association would cause their profits to go up. For most labels, this isn't going to happen, as the number of people boycotting RIAA labels is a pretty small percentage of the total market of music buyers. Also, a lot of "major" US record labels are (I believe) owned by the Big Four, so those guys are definitely not going anywhere soon.

  33. media outlets are to blame by Anonymous Coward · · Score: 0

    The reason that this and other stories don't get play is because the same company who owns record labels, also owns TV and print media. They are not going to write a critical piece to hurt their own business. The best and only way to help relieve this and other obvious problems is to remove any ownersship of media. If you want to own CNN, you must get rid of your other businesses. It won't happen, but it is the only way to balance the goverment and corporate interests. I you control the media, you control the masses

  34. Re:unprecedented evile's hired goons decomposing? by Anonymous Coward · · Score: 0

    Where the fuck do posts like these come from? Is it like a stegonographic message or something? Do you have to read every 7th word to get it?

  35. Re:Why do they have so much power in the first pla by Anonymous Coward · · Score: 0

    How old are you?

    Were you trying for the word "disillusioned"?

  36. Anthem Records is a Class B label? by haplo21112 · · Score: 1

    Humm....I am not sure that I would call the Label that carries one of the most successful and well known Canadian Rock groups of all time Class B.
    Anthem records I wouldn't exactly say is a class B Label.
    UHHH...RUSH! http://www.rush.com/

    --
    Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
    1. Re:Anthem Records is a Class B label? by BarneyRabble · · Score: 1

      Well they are a Class B label. They are distributed by Universal Music Canada.
      The only reason why Anthem was created was to protect the band's independance.
      And also, they don't have the large roster of artists they once had, just Rush,
      The Tea Party, and another artist who's name escapes me at the moment.

  37. Its even more bizarre by ratboy666 · · Score: 1

    First the CRIA lobbies FOR the levy, and the personal copy provision. Ok, they get it. At first, a pain because most CDRs are used for data, and no one knew what "mp3" meant.

    But its in now. And the CRIA is now lobbying AGAINST it.

    This time, they lose. As Bulte shows, the "zealot users" will not tolerate the flip-flop.

    Ratboy

    --
    Just another "Cubible(sic) Joe" 2 17 3061
    1. Re:Its even more bizarre by Anonymous Coward · · Score: 0

      Oceania had always been at war with Eastasia and at peace with Eurasia.

  38. Nettwerk Records is awesome by bloosqr · · Score: 4, Interesting

    I run a synth podcast show and because of legal reasons have had many contacts w/ labels (me contacting them for permission, not them busting me) and I can not emphasize how cool the nettwerk label is :

    Check out their about page :

    Nettwerk Music Group is Canada's leading privately owned record label and artist management company. Nettwerk is responsible for managing some of Canada's biggest artists like Sarah McLachlan, Avril Lavigne, Barenaked Ladies and many others. Nettwerk has several offices located around the world including offices in New York, Los Angeles and London; with our main office right next to Granville Island in Vancouver, B.C.


    Litigation is destructive, it must stop .... as per Nettwerk copyrights, we have never sued anybody and all our music is open source to encourage fans to share it with others and help us promote our Artists. As per those Artists we manage on other labels (Majors), we take issue with those labels claiming that litigating our fans is in our interest, as it clearly is not.

    Even the smaller indie labels have not taken a stand as strong as Nettwerk has. Nettwerk is indie, but they carry Sarah Maclachlan, Delerium, Avril Lavigne and bands of that size, so they aren't exactly small.

    1. Re:Nettwerk Records is awesome by mdielmann · · Score: 1

      It's worth noting that Barenaked Ladies are at least 6 times bigger than Avril Lavigne...

      --
      Sure I'm paranoid, but am I paranoid enough?
    2. Re:Nettwerk Records is awesome by karnal · · Score: 1

      It's worth noting that Barenaked Ladies are at least 6 times bigger than Avril Lavigne...

      Of course!

      Avril is pretty skinny, you know.

      --
      Karnal
  39. Actually . . . by Maximilio · · Score: 1
    Just to perform a single show does take about eight hours worth of work. The time to pack up the equipment, drive to the show, unload, setup, and sound check is often two to three hours. Then you play for four hours. Then you have to reverse the whole process. Some days it can take ten hours.

    And for this you get maybe $150 to split between four people. That doesn't even pay for a set of strings for my bass, let alone the gas money or food.

    And if you don't think that music is playing hard work you clearly haven't got a clue. Most musicians would love to just break even on their habit. After 22 years I haven't even come close.

    1. Re:Actually . . . by vorpal22 · · Score: 1

      The time to pack up the equipment, drive to the show, unload, setup, and sound check is often two to three hours.

      Yeah. It takes me about three hours a day to make my lunch, pack it up with my other stuff, and then commute to and from work on public transportation. That doesn't count in the eight hours I put in there.

      I do sincerely wish the best for you and your band. I just wanted to point out that for many of us, what you describe as work time is a daily reality for which we're never recompensated either.

    2. Re:Actually . . . by PhoenixFlare · · Score: 1

      Just to perform a single show does take about eight hours worth of work. The time to pack up the equipment, drive to the show, unload, setup, and sound check is often two to three hours. Then you play for four hours. Then you have to reverse the whole process. Some days it can take ten hours.

      Normal day for me = 1 hour washing/dressing/breakfast/feeding the cat/etc., 2 hours (total) commuting, 8 hours work

      At least 11 hours devoted in some way to my job, 5 days a week, every week. My wife does the same, and is in the neighborhood of 10 hours spent just at the office during busy times as well.

      Do you perform a show every single weekday? No?

      I have nothing personal against you, your band, or musicians in general, but trying to compare what you do to most people's normal job is just crazy.

      And if you don't think that music is playing hard work you clearly haven't got a clue.

      With a few exceptions, it's not. If you mean "music is hard work if you try to run a band, write songs, and work a full-time job at the same time", then you might have a point.

    3. Re:Actually . . . by Shihar · · Score: 0, Flamebait

      If you don't like the play and the work, get a new profession. I would really love for it to be my job to play video games all day long. The reality is that in order to make money off of it I would need to have awesome talent and willingness to move to Korea and learn Korean. I don't have the desire to do any of the above so I went and got a college degree and do something that is satisfying in its own right, but I would quit and never do again if someone dropped a 100 million dollars in my lap.

      You don't have a right to do the job you want. You have the right to make a go at it, but you sure as shit are not guaranteed anything. Don't like the pay? Do whatever other bloke does. Go find a shit job that pays that you can tolerate and put your 40 hours a week in.

      I don't mind limited copyright. I do have a very big problem with the creativity of this nation being monopolized so that a few artists can make a living. Everything should NOT be automatically copyrighted like it is today. Hell, this post is technically copyrighted unless I declare otherwise. The default should not be for everything to be copyrighted. The monopoly on creative work should not be forever (which it currently is for all practical purposes). You should have 5, at most 15 years to squeeze what you can out of a creative work before it is released to the public domain. Yes, I know all artist want to be the one to invent the next happy birthday song so that they don't have to work again, but tough. Go play the lottery like everyone else.

      Copyright law is slowly strangling American creativity. The insanity of multimillion dollar fines for downloading a single CD is beyond words. A doctor who cuts off my leg by accident when faces much less sever financial penalties then a kid who downloads a single CD. The system is fucked up and out of whack. It desperately needs to be fixed. There MUST be sane copyright times, STRONG fair use laws, and REASONABLE fines for violating copyright.

      Personally, I am so absolutely disgusted with the state of copyright that I have stopped buying music all together. I have not paid a single cent for music in over 4 years. There is enough free (non-pirated) music out there to satisfy me that there is not a shot in hell I will buy into this insane copyright system and support it in any way shape or form.

    4. Re:Actually . . . by Maximilio · · Score: 1
      If you don't like the play and the work, get a new profession.

      Actually that isn't my job. I'm just pointing out how much work performing a gig takes, based on my amateur experiences. I have a day job and I've worked at it for 11 years, 40+ hours a week. But saying that music "isn't work" is patently false, and I certainly know the difference.

      You don't have a right to do the job you want.

      Jesus, I never said I did. I just had the temerity to point out that it is "work" and "quite a lot of it" and to insist that musicians are just jerking off is insulting and false.

    5. Re:Actually . . . by shark72 · · Score: 1

      "The insanity of multimillion dollar fines for downloading a single CD is beyond words."

      Wow, I didn't know it had gotten that bad. Can you give a citation of somebody getting a multi-million dollar fine for downloading one CD? I thought that S504(c)(2) limited statutory damages for infringement at $30K per work, but I figure that'd apply more to distribution, and not downloading, and I figure that there'd have to be evidence that the CD was distributed widely by the pirate in order for the court to consider the $30K max.

      --
      Sitting in my day care, the art is decopainted.
    6. Re:Actually . . . by Shihar · · Score: 1

      If you are using a P2P network you are both distribute and receiving pirated material. They sue you like you are distributing the works because by being on the P2P network you are acting as a distributor. It turns out that number is $125,000 per song according to this news story: http://www.foxnews.com/story/0,2933,96797,00.html As a fun aside, this is also an article about a 12 year old girl being sued.

      You are better off to saw off someone's legs instead of removing their tonsils then downloading a 12 song CD which would score you a 1.5 million dollar lawsuit.

  40. Once again by Traiklin · · Score: 1

    The Canadians show how they are smarter and think clearer then Americans.

    1. Re:Once again by John+Jamieson · · Score: 1

      It is a nice idea, but the truth is a bit plainer.

      The Canadians has just been a little more fortunate in that it has been a lot harder to funnel $$$ to politicians, so the multinationals have had a harder time taking over the legislatures.

      The other thing is that the news media up north is far less myopic. If you travel abroad for any length of time, you notice a LOT of news stories that are not carried in the US. Not by the left wing media, not by FOX. The media focus keeps the masses focused on ideas that are acceptable to the big media companies.

    2. Re:Once again by Aqua_boy17 · · Score: 1

      As a US poster and grammar Nazi wannabe, let me be the first to say:

      "The Canadians show how they are smarter and think clearer thAn Americans."

      There, fixed that for ya. No charge.

      --
      What if the Hokey Pokey really is what it's all about?
    3. Re:Once again by Anonymous Coward · · Score: 0

      Maybe this is just a little misunderstood. "The Canadians who show they are smarter and think clearer then become Americans."

    4. Re:Once again by karlm · · Score: 1
      As a US poster and grammar Nazi wannabe, let me be the first to say:
      "The Canadians show how they are smarter and think clearer thAn Americans."
      Don't forget to point out that (to the best of my knowledge), "clearer" has not formally been accepted as an adverb in any of the major English dialects. "More clearly" and "more clear" are the most commonly accepted ways to construct comparative adverbs from the adjective "clear" and the adverb "clear", respectively.
      --
      Copyright Violation:"theft, piracy"::Anti-Trust Violation:"thermonuclear price terrorism"<-Overly dramatic language.
  41. Rogers + BT by Anonymous Coward · · Score: 0

    Turn encryption on, dissallow non-encrypted transfer. Don't use the default BT port.
    I get 100k+ no problem for just about anything.
    Also, revoke non-anon networks, only onion and...forget the other one.

  42. Re:Not to worry, true believers! They'll be back by Pope · · Score: 1

    "Copyright puts culture under the lock and key of a corporation for their own profit, not for the protection of the culture. "

    I have copyrights for my artwork and music, and neither have gone anywhere near "a corporation." Unless you count my web host.

    --
    It doesn't mean much now, it's built for the future.
  43. Re:Not to worry, true believers! They'll be back by Otter+Escaping+North · · Score: 5, Informative
    Probably not, actually. The labels that left, although they do have a few well-known acts, generally have small, relativly unknown artists in their stables ... and those artists tend to be in *favour* of downloads as it increases their exposure.

    Trust me, there really is some good in this world. Nettwerk has been one of the most critical labels of heavy-handed legal tactics. They're funding some RIAA defences, they were one of the first to leave the CIRA, and they aren't just a stable of artists that no one has heard of; Sarah McLachlan, Barenaked Ladies, Avril Lavigne.

    And they sell mp3s on their site. Not WMAs, not ACCs -- *mp3s*, no DRM.

    I'm a cynical bastard, too, but there's actually a few labels out there that get it. Don't sell them short.

    --
    Running Windows^H^H^H^H^H^H^H OSX and Linux in the home. (I don't have time for Solitaire any more.)
  44. Sam Bulte by Anonymous Coward · · Score: 0


    Wikipedia has a pretty good background article for those that don't remember.

  45. Waiting for the the other shoe to drop... by Dark+Coder · · Score: 1

    Stand back!

    (pausing)

    (waiting)

    (in suspense)

    (dead din of the silent air)

    When are we going to get the "other" Slashdot article on "RIAA is falling"?

  46. Canadian Independent Recording Artists Association by g0at · · Score: 1

    Indies, make sure you join CIRAA.

    -b

  47. Parent is mistaken by raddan · · Score: 4, Informative
    You leave out the most important part about Mozart's composing for money: he lived beyond his means. From Wikipedia:

    Because he was buried in a pauper's grave, it has been popularly assumed that Mozart was penniless and forgotten when he died. In fact, though he was no longer as fashionable in Vienna as before, he continued to have a well-paid job at court and receive substantial commissions from more distant parts of Europe, Prague in particular (citation needed). He earned about 10,000 florins per year, equivalent to at least 42,000 US dollars in 2006, which places him within the top 5 percent of late 18th century wage earners, but he could not manage his own wealth. His mother wrote, "When Wolfgang makes new acquaintances, he immediately wants to give his life and property to them." His impulsive largesse and spending often put him in the position of having to ask others for loans. Many of his begging letters survive but they are evidence not so much of poverty as of his habit of spending more than he earned. He was not buried in a "mass grave" but in a regular communal grave according to the 1784 laws.

    Copyright, as the money-making machine it is today, did not exist in Mozart's time (at least not in Europe-- the modern conception of copyright stems from UK law). Copyright may have existed informally, but unless I'm mistaken, it was not a part of law. Despite that Mozart make quite a good living from his music. Additionally, it was quite common-- and acceptable-- to compose "variations" on another composer's work. This practice is briefly mentioned in the quasi-fictional movie, Amadeus. But derivative works, though still technically permissible, are not often undertaken due to a threat of lawsuit and, from what I gather, not smiled upon by courts.

    But using Mozart's case to support an argument about modern times is pointless anyhow-- in the 18th century, you're talking about sheet music and a vast underclass that has little interest in copying it. Today, we have a huge population with disposible incomes and high-quality recordings that can be distributed at virtually no cost. The dynamics are quite different.

  48. Good points by alexo · · Score: 1

    Somebody with mod points, please take a look at the parent article.

  49. ALW by Anonymous Coward · · Score: 0

    "Don't Cria for me Argentina...."

    Couldn't resist

  50. You miss the point by fuzznutz · · Score: 1
    But, we know that this doesn't happen very often, and it's unfair to resent the system in which artists are compensated based on a few rare examples. Likewise, it would not be fair to me to scream about how people in the computer industry are over-paid whiners using Larry Ellison as an example.
    I think you miss the point. The point is not how much an individual earns off of a particular creative work, it is the exaggerated length of time that individual may retain exclusivity over that work. I don't care if you make $15 or $50 Billion on a hit single. Should you be able to deny the public domain those rights after you are dead?

    In the U.S., copyright laws were supposed to be written to promote the useful arts, but I don't see the incentive for a dead man to create anything. In fact, if someone does manage to create that one lucky hit single and never has to work another day in his life because his copyright, what incentive does he have to create anything else? Copyright should be shortened to a reasonable period that allows artists to earn some measure of income from their works, but encourages them to keep creating. The public is more enriched by an artist that stays creative. And if an artist cannot continue to create, then I understand Wal Mart is looking for stockboys.

    Finally, you don't want to judge the fairness of the system based on those rare lucky individuals, but the fact is that copyright laws are engineered specifically for those rare cases. The last extension of copyrights was purchased by Disney, not Joe Sixpack writing folk songs in his garage. Congress could give a shit about 99.9% of all musicians, but they listen religiously to the RIAA. Congress doesn't care about protecting my slashdot posts, but they will defend J.K. Rowling's books to the death.
    1. Re:You miss the point by shark72 · · Score: 1

      Agreed that copyrights are too long. I could argue that death+70 covers the case of a guy writing a hit song and then getting run over a bus. Somebody with a "real" job has a 401(K) and life insurance for stuff like that. Musicians typically do not. But you're correct; the latest extension was indeed at the behest of Disney, and if it happens to help in the case of the poor fellow who meets the bus, then that's incidental.

      I take a pragmatic view here: I'm aware that the USA is, in effect, in an economic war with many other countries, and that our intellectual property is one of our biggest exports. If Disney hadn't gotten their way and Mickey Mouse were in the public domain right now, it would shift the profits on Mickey from Disney, to 10,000 Chinese companies. If US companies had lost, say, $100 billion in combined revenue over the past decade if copyright had not been extended, this might affect my way of life, as that's $100 billion in taxable income that would go toward my way of life. It would be an effect that might not be offset by the fact that I would now legally be able to buy a Chinese-made Mickey Mouse t-shirt for $5 at my local Wal-Mart, vs. the $15 that Disney wants for them now.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:You miss the point by fuzznutz · · Score: 1
      I take a pragmatic view here: I'm aware that the USA is, in effect, in an economic war with many other countries, and that our intellectual property is one of our biggest exports. If Disney hadn't gotten their way and Mickey Mouse were in the public domain right now, it would shift the profits on Mickey from Disney, to 10,000 Chinese companies.
      You have my admiration for admitting what to me is obvious. The whole idea of modern copyright, patents, and "intellectual property" is all about US economic power. It has nothing at all to do with promoting the useful arts.

      Your "musician hit by a bus" argument would be very hollow. As I said earlier, he is not likely to create anything else, so copyright is of little incentive. As for insurance and 401(k) plans, any musician, performer or other artist is more than welcome to engage any of these services. It they choose not, society can hardly be blamed. Artistic endeavor is not, nor should it be, an automatic guarantee of success.
    3. Re:You miss the point by mOdQuArK! · · Score: 1
      If Disney hadn't gotten their way and Mickey Mouse were in the public domain right now, it would shift the profits on Mickey from Disney, to 10,000 Chinese companies.

      And how, exactly, is IP law going to protect our economy from China if China doesn't pay anything more than lip service to it? If anything, IP law prevents our companies from being able to compete.

  51. I'd love to here what the artists think by SilverJets · · Score: 1

    I really want to hear from artists about what the CRIA and the RIAA are slinging around. In Canada we pay a levy on blank media. This levy is to compensate artists for the copying that occurs. This means, in Canada, I can legally make a copy of my CDs, rip any songs off and build a compilation CD of my own creation, without fear of legal action. This levy also applies to MP3 players and similar devices. But what do the artists think of this? Are they for it? Are they against it? Do they consider it fair? Do they believe it promotes illegal file sharing and the other evil activities the CRIA and the RIAA are blaming on dwindling sales?

    Everyone seems to think they know what's best for artists, but we never seem to hear from the artists themselves. The CRIA and the RIAA say they are acting in the best interest for the artists. People in this thread say "artists just want their music heard"....which sounds an awful lot like someone is trying to say that artists don't mind having their hardwork ripped off without getting any form of compensation for it. Come on artists, if any of you read Slashdot, tell me how you really feel about all this!

  52. On behalf of canadian companies by sapgau · · Score: 1

    American style management is not what business management is all about. Stomping, shouting and bullying seems to be the way out for many multinationals and apparently they think everybody must follow their example.

    The demise of the CRIA is a similar example of how canadian recording labels were faced to follow american interests rather than representing canadian content and canadian artists.

  53. Re:Not to worry, true believers! They'll be back by MKalus · · Score: 1

    What's your gripe with AAC? Sure you can add DRM to it (as you can with MP3) but by default it is as open of a standard as MP3.

    Never understood why people seem to love MP3 but have a problem with the newer version known as Advanced Audio Codec or AAC.

    --
    If you want to e-mail me, use my PGP Key.
  54. Re:Why do they have so much power in the first pla by pimpimpim · · Score: 1
    How old are you?

    Late twenties, still naive, damned me! :)

    Were you trying for the word "disillusioned"

    Yeah, I guess that is the one! But I like my creation as well ;)

    --
    molmod.com - computing tips from a molecular modeling
  55. Re:Why do they have so much power in the first pla by pimpimpim · · Score: 1
    Personally I am glad they did the levy. Makes me happy as I can download to my heart's content. Now if I was someone who used CDs or DVDs for pure backup purposes then yeah I could see how that sucks.

    I understand, but there is something wrong with the levy system.

    Even though there is a levy, these corporations still sue people's asses off. So right now, you're paying a levy to pay for the to pay their lawyers to sue people for downloading music, for which these people paid indirectly anyway. Can you still follow me? :) Furthermore, there were plans for putting a levy on harddisks, which would be just so immensly wrong and a technological setback, because it would decrease the amount of hard drive space beople can buy, effectively erasing the advancements to make cheaper and bigger harddrives.

    The most important part, however, is that there is often no real control on the institutions that collect the levy, what happens with the money? I think I read that in holland, only a third of this money went to artists, and not per se to all, the administration was a huge mess.

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