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Canadian Pirates Sell Spurious Songs — In 1897

Reservoir Hill writes "The NYTimes reported in their June 13, 1897 edition that 'Canadian pirates' were flooding the country with spurious editions of the latest copyrighted popular songs. 'They use the mails to reach purchasers, so members of the American Music Publishers Association assert, and as a result the legitimate music publishing business of the United States has fallen off 50 per cent in the past twelve months' while the pirates published 5,000,000 copies of songs in just one month. The Times added that pirates were publishing sheet music at 2 cents to 5 cents per copy although the original compositions sold for 20 to 40 cents per copy. But 'American publishers had held a conference' and a 'committee had been appointed to fight the pirates' by getting the 'Post Office authorities to stop such mail matter because it infringes the copyright law.' Interestingly enough the pirates of 1897 worked in league with Canadian newspapers that published lists of songs to be sold, with a post office box address belonging to the newspaper itself. Half the money went to pay the newspapers' advertising while the other half went to the pirates who sent the music by mail." The AMPA never dreamed of suing their customers, though.

21 of 177 comments (clear)

  1. where have I heard this before? by downix · · Score: 5, Insightful

    The more things change, the more they stay the same. Did these "evil pirates" kill the music industry, as was proclaimed they would?

    --
    Karma Whoring for Fun and Profit.
    1. Re:where have I heard this before? by setrops · · Score: 5, Funny

      "The more things change, the more they stay the same"

      Lyrics from Circumstances from Rush's Hemisphere album.

    2. Re:where have I heard this before? by Anonymous Coward · · Score: 4, Insightful

      I don't get it. A person creates something, somebody else through very little effort on their part makes money off that work.

      How is that right?

      I don't condone the **IA's actions, or record industry contracts, I just don't see why people think it's OK to "get free stuff"

    3. Re:where have I heard this before? by Minwee · · Score: 4, Funny

      While Rush has great musicianship, Neil Peart's lyrics are usually very derivative.

      Exactly. Rush is Canadian, so naturally they steal music. Haven't you been paying attention to what the mafiaa is telling you?

    4. Re:where have I heard this before? by multisync · · Score: 4, Insightful

      Yeah, but all the "information wants to be free" and "death to the RIAA" posts get modded +5 insightful.

      Well, information does want to be free. Given that you can not copyright a fact, why would you have a problem with that concept?

      As for "death to the RIAA," just minutes ago I listened to a news report on a local radio station quoting the RIAA bemoaning Canada's inadequate copyright laws and border security. In fact, I see Slashdot carried the story yesterday.

      And I agree, our copyright laws are in need of reform. The term needs to be shortened; the definition of fair dealing needs to be expanded so copying for the purpose of time-shifting, archiving and backing up purchased media is included; and the use of DRM should invalidate copyright, as the two are incompatible.

      But those are not the reforms the RIAA is talking about. They want Canada and other countries to adopt anti-circumvention laws similar to the DMCA, which would make it illegal to defeat DRM for legitimate purposes like those I listed above, and are busy spreading the usual misinformation in order to achieve their goal.

      So yes, death to the RIAA and their propaganda machine.

      --
      I don't care why you're posting AC
    5. Re:where have I heard this before? by richlv · · Score: 5, Interesting

      that isn't right. you know what else isn't right ? ridiculous copyright terms of 95 or whatwasit years after author's death. ridiculous claims that users can't make a copy for their own, private use of purchased works. ridiculous patent claims.
      none of these helps to either advance arts or science. none of these helps to improve artist image.

      i recently saw a link to a speach, done in 1841.
      http://en.wikisource.org/wiki/Copyright_Law_(Macaulay).

      "Just as the absurd acts which prohibited the sale of game were virtually repealed by the poacher, just as many absurd revenue acts have been virtually repealed by the smuggler, so will this law be virtually repealed by piratical booksellers. At present the holder of copyright has the public feeling on his side. Those who invade copyright are regarded as knaves who take the bread out of the mouths of deserving men. Everybody is well pleased to see them restrained by the law, and compelled to refund their ill-gotten gains. No tradesman of good repute will have anything to do with such disgraceful transactions. Pass this law: and that feeling is at an end. Men very different from the present race of piratical booksellers will soon infringe this intolerable monopoly. Great masses of capital will be constantly employed in the violation of the law. Every art will be employed to evade legal pursuit; and the whole nation will be in the plot. On which side indeed should the public sympathy be when the question is whether some book as popular as Robinson Crusoe, or the Pilgrim's Progress, shall be in every cottage, or whether it shall be confined to the libraries of the rich for the advantage of the great-grandson of a bookseller who, a hundred years before, drove a hard bargain for the copyright with the author when in great distress? Remember too that, when once it ceases to be considered as wrong and discreditable to invade literary property, no person can say where the invasion will stop. The public seldom makes nice distinctions. The wholesome copyright which now exists will share in the disgrace and danger of the new copyright which you are about to create. And you will find that, in attempting to impose unreasonable restraints on the reprinting of the works of the dead, you have, to a great extent, annulled those restraints which now prevent men from pillaging and defrauding the living"

      that's quite correct, don't you agree ? so if artists have decided to screw everybody else with unreasonable claims (or maybe simply allowed somebody else to do that) - well, screw the artists. maybe it would be healthy to let them feel the pain of no copyright, so that unreasonability of a copyright standing for a hundred of years after they are friggin dead kicks in.

      copyright isn't a basic right like right to own a physical unit. it's a privilege, put forth and allowed to be enjoyed with a single stated goal - to advance public good. it has been abused for a hundred years and made in the absolute opposite what was the stated goal. if you see such masses of people considering it unreasonable, maybe, just maybe you are wrong.

      ps. it's also quite telling that wikipedia page has the following at the bottom... "This work published before January 1, 1923 is in the public domain worldwide because the author died at least 100 years ago."

      ps2. personally, i do not support complete abolishment of copyright. i believe the pirateparty program of 5 years and no restrictions on personal use is very, very reasonable. i would even support a slightly extended period of 14 years, which i have seen as an optimal lenght, coming out from some studies.

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      Rich
    6. Re:where have I heard this before? by DinDaddy · · Score: 4, Interesting

      Your post triggered a thought. Content owners respect IP? OK:

      We designate the public domain as a legal entity with IP rights. Someone writes a song, they must pay for each element of it which can be identified as something in the public domain. Each word (we'll let them slide on letters), each common phrase such as you have noted above that they wish to incorporate into their work, etc.

      Same for films. Thy sky appears in your film or 43 out of 129 minutes. The licensing fee for use of the sky in a film is $100 per second or ,0001% of the film's reveneue, whichever is less. Similar terms for everything else.

      All proceeds go to a fund to lobby for shorter, more reasonable copyright.

      After all, these people are stealing the public domain's IP without any compensation to the public!

  2. One saw the same thing in ancient Rome by CRCulver · · Score: 4, Interesting

    In ancient Rome, it was completely ordinary for an audience member to transcribe a poetry recital, hand it over to amanuenses to massively copy, and then sell it in the marketplace with no money going back to the creator. Even poets didn't have a problem with it. The only protest I'm aware of in the literature is Martial's unhappiness that some talentless fellow was putting his own name on the transcription of Martial, and plagiarism is rather separate from copying without authorization.

    In spite of this activity, literature still flourished in the ancient work. This is because the market depended on patronism. I wouldn't mind going back to those days, and to some extent we never left them. Indeed, most of the films and music I enjoy now are funded through a great deal of support from state arts ministries and private patrons. Record labels aren't so worried about piracy when the bills are already paid.

    So privacy might make it harder for makers of the lowbrow to turn a profit. Boo-hoo. True art will continue to shine regardless of copyright laws.

    1. Re:One saw the same thing in ancient Rome by CRCulver · · Score: 5, Insightful

      I wouldn't exactly use ancient Rome as an example for anything.

      The enormous amount of art produced between the dawn of Man and the institution of copyright about 500 years ago should stand a sufficient response to the industry's argument that disregarding copyright will destroy art.

    2. Re:One saw the same thing in ancient Rome by catbertscousin · · Score: 4, Funny

      What horrible evil people. Thank goodness that never happens anymore!

      --
      No good deed goes unpunished. - Avon, Blake's 7
    3. Re:One saw the same thing in ancient Rome by Thundarr+Trollgrim · · Score: 5, Insightful

      Many musicians, myself included, do just that. We release albums and other releases without any copyright restrictions and pay the bills with other jobs. Separating music from money removes any sense of making music just for money and shifts the focus back to the music. This may be bad for industry, but it is good for music.

    4. Re:One saw the same thing in ancient Rome by jcnnghm · · Score: 5, Insightful

      In spite of this activity, literature still flourished in the ancient work. This is because the market depended on patronism. I wouldn't mind going back to those days, and to some extent we never left them. Indeed, most of the films and music I enjoy now are funded through a great deal of support from state arts ministries and private patrons. Record labels aren't so worried about piracy when the bills are already paid.

      So privacy might make it harder for makers of the lowbrow to turn a profit. Boo-hoo. True art will continue to shine regardless of copyright laws.

      But the arts have absolutely flourished with copyright. You're totally discounting modern films and large-scale video games, which wouldn't be possible without unbreakable DRM or copyright. In order to conduct art on a massive scale, the producers need to be able to recover their costs. You couldn't spend $100M on a project, if you could never recover the expense.

      In addition to enabling the creation of such works, copyright has also provided tremendous financial incentive to produce these works. In the US alone, about $30B per year is spent on these two art forms. In addition to that, art has never been more available. We have public libraries that lend audio recordings, books, and films. Everyone in the United States is able to access electronic entertainment free of charge via radio and television. Art creation is no longer restricted to those patronized by the rich, but can be performed by anyone for the common person, as even the little guy can protect and profit from their work.

      And just to defuse this argument before it starts, the one about what constitutes are, ask yourself this. If you were a (probably digital) archaeologist looking back to the mid 20th to early 21st century from 500 years in the future, do you think you would learn about our culture from Band of Brothers, From the Earth to the Moon, The Godfather, and GTA 4, or from a bunch of Pollock paintings?

      --
      You don't make the poor richer by making the rich poorer. - Winston Churchill
  3. old news by gEvil+(beta) · · Score: 4, Funny

    Pffft. This is old news. Try to keep up guys...

    --
    This guy's the limit!
  4. Related to those old Candian pirates *arr* by BadAnalogyGuy · · Score: 5, Funny

    It turns out that my great grandfather was involved in the sheetmusic pirate trade. Actually, he was involved in beaver skinning and general supply chain stuff in the Great Lake area of Quebec and later Manitoba as the pioneers headed westward.

    He had two sayings, that are still repeated in my family. "Your customers will buy whatever you sell them, because they don't have a choice." and "What no one finds out you're doing, they aren't going to complain aboot."

    While it's certainly not so much true today as it was in those frontier days, the marketplace is still a monopoly in many ways for many types of products. It's only those "customers" who can either forego some product or generate it themselves that can avoid buying from sellers like grampy.

    Nowadays with the near instantaneous ability to copy and distribute ephemeral works like music, more and more customers are falling into that latter category of "generating it themselves". Those sellers who want to make a profit off of these pioneers aren't going to see a loon.

  5. PaperSharing. by HungryHobo · · Score: 5, Funny

    I think these PaperSharing M2M(Mailbox2Mailbox) systems which allow just anyone to swap files, folders and even whole books should be banned immediately before they destroy all that is good and pure with our country!

    1. Re:PaperSharing. by Chabil+Ha' · · Score: 4, Insightful

      Not only that, but the USPO should start instigating deep package inspection because I'm sure that these illegal files are causing undue stress on the delivery infrastructure.

      --
      We're all hypocrites. We all have hidden parts, it's the contrast between them that make us more a hypocrite than others
  6. Phonograph Killed the Music Hall Star by Drakkenmensch · · Score: 4, Funny

    You must ban the wax cylinder musical format before it destroys the musical performance industry forever!!!

    1. Re:Phonograph Killed the Music Hall Star by FlyingBishop · · Score: 5, Insightful

      This is modded funny, and I suspect that it was intended to be sarcastic, but it's really quite accurate. John Philip Sousa campaigned extensively against the record when it began, for fear that it would destroy the market for live performance.

      Of course, it didn't eliminate it, but it did remove live performance as a reasonable way to gain income, since restaurants could now get ambient music essentially for free.

      And of course, removing copyright from the equation would restore the performance industry to its former glory.

  7. Copyright The New York Times?!? by MartinSchou · · Score: 4, Interesting

    The article was published june 13, 1897 - how the fuck can copyright still be applicable to that article?

    The copyright was assigned to a corporate entity, and as such there is no "life + 70 years". It becomes what - 90 years at the outside?

    Trying to claim copyright on a 112 year old article is insane ...

  8. The ruin of the music industry... by Savage-Rabbit · · Score: 4, Informative

    The more things change, the more they stay the same. Did these "evil pirates" kill the music industry, as was proclaimed they would?

    It didn't ruin the music industry but it probably ruined any number of small composers and threw them to the mercy of big distributers who were the only ones that had the resources to defend against this sort of thing. Even back then piracy could ruin you or at least cause you significant economic harm. A classic example is the 1902 movie: "A Trip to the Moon" by Georges Méliès. The movie was stolen by agents of Thomas Edison and widely circulated in the US by Edison. This ruined Méliès plans to market his film in the US and Méliès never got a profit from this movie. Eventually Méliès was forced into bankruptcy and although the losses on "A Trip to the Moon" probably didn't help his bankruptcy was mostly due to aggressive anti competitive behavior by the big studios of the period. So perhaps the lesson is that there is not much difference between pirates and evil mega-corps from a small/independent artist's or for that matter a small software developer's point of view. Both cause you economic harm and if you are a small/independent artist or software developer you can therefore feel free to detest both equally.

    --
    Only to idiots, are orders laws.
    -- Henning von Tresckow
  9. Loss leader by sakdoctor · · Score: 4, Funny

    I hate the way they sell those Gutenberg presses as a loss leader, then gouge you on printing plates and ink refills.