Slashdot Mirror
A Composer's-Eye View of the Copyright Wars
bonch writes "As an experiment, composer Jason Robert Brown logged onto a site illegally offering his sheet music for download and contacted hundreds of users, politely asking them to stop listing the material. Most complied, some were confused, and a few fought back. Brown chronicles a lengthy exchange he had with a teenage girl named Brenna, which provides an interesting insight into the artists' perspective of the copyright debate. He also responds to several points raised in comments to the article and says, 'I don't wish to be the enemy; I'm just a guy trying to make a living.'"
You are allowed to share, as long as it is the original copy. That's how libraries work. You are allowed to buy a piece of sheet music and give it to a friend. But you are not allowed to buy a piece of sheet music and give your friend a replica. Then there are 2 copies and you only paid for one. Without DRM, it is nearly impossible to share music or sheet music legally on the internet. To share it legally would mean deleting your copy when you send it to a friend.
If you can make a 1:1 copy of my sammich without degrading the original, then please, share away.
The problem is that small time composers/musicians/artists want to play both sides. They align with the large distribution channels when it suits them. They don't speak out when the RIAA sues everyone and their brother. They don't stop licensing their music through ASCAP. They don't get involved when their historical distributors fail to adapt to changes in technology. They continue to feel they "own" their creation (vs. actually owning a very specific, limited, license granted voluntarily by governments). They don't stand up against DRM. They don't stand up for consumer's rights.
So, essentially, I don't believe for a second, that he is "just a guy trying to make a living." He is manipulative; he is self-centred, and, now that is suits him, he is trying to play the role of the innocent bystander.
You made your bed, now lie in it. You had a chance, back when Napster was new, to change things. You failed to act then. Now, you are reaping the rewards -- or lack thereof -- of you short-sightedness. You (in collaboration with your fellow musicians) could have made easy, legal, inexpensive, distribution of music the standard. Instead, you chose to split it between expensive, legal, and restrictive and cheap, illegal, and easy.
So, in summary, fuck off; where were you 10 years ago, when you could have *actually* changed things.
No biggie. I didn't make the sandwich with the intention of being a gigantic twat and keeping it to myself or gouging people for copies of it, I was just hungry.
Amazing. slashdot is of course a tough crowd for proprietary IP advocates. Here's my own story. My ten year old got a CD from a friend who is a record producer in Hollywood. He liked it and wanted to make copies to give a few friends. I advised that he ask the producer for permission to do so. The producer, bein' from Hollywood an' all, of course said no. If they wanted a copy they could go to the music store and buy one. So my son, disappointed, did not share it with his friends, stopped listening to it, and no additional copies were ever made. OR SOLD! The fallacy seemed to be the belief that the kids would rush out and buy the CD if they couldn't get it for free. Of course they didn't. They went home and played with their Wii. The album died on the junk heap of history, as most do. And without at least a half a dozen potential ardent young fans.
Hello there Jason.
Let me explain a few things to you, since you seem to have wrong information regarding "copyright" and other fictitious concepts.
Copyright isn't an inalienable right. It isn't real property. It is imaginary property. Copyright is a recent concept. As recent as the Renaissance. Before that, you could own physical property, but Ideas were free. If you created a magnanimous work of art, that work of art belonged to the human kind. Then, you could earn a living by performing live, doing work for hire, etc. During the Renaissance, the catholic church, in their unstoppable hunger for power, tried to control the output of printers. They already had a very tight control on scribes, and they wanted to extend that control over to the modern press. The motive: To ban unwanted books. In a word: Censorship. This concept of owning ideas and controlling what you did with them was nothing but lies, just like the rest of christianity.
Later, governments jumped in on the boat, trying to control the press, for mostly the same reasons. Many, many years later, with the church mostly obsolete, and government under the control of corporations, our beloved corporate overlords wanted to hold the almighty power over free speech. So they were the ones that wrote the modern copyright laws.
Nobody owns ideas. Nobody owns art. They belong to the human kind. Period. Any attempt to control ideas is nothing but another fascist atempt at control of this Orwellian society.
But I do understand the POV of the creator. I do, because I am a creator too. And yes, we need to make a living just like anyone else. Now, there is a hugI de difference between the NEED to make a living, and some stupid god-given right to be given money just because we create. That won't work because a) there is no god and b) we have no such right. We decided that we wanted to create. Great. That doesn't allow us to control ideas. I do believe, like many other creators, that our creations are like our childs. You don't own your children. You have to feed them, care for them, and protect them until they are mature enough to have a life on their own. And then they are gone. They are as free as you are. Our need for food and shelter (read: money) doesn't change that basic principle.
You CAN profit from what you do, but always remember, you DON'T own your creations.
P.S: Regarding your screwdriver analogy, it doesn't work. It's been debunked several times before. Basically, your screwdriver is a physical object. A more valid analogy here would be if you made a house that was a replica of the house your friend was building. And it would be totally ok.
Sincerely,
Sebastian.
WTF am I doing replying to an AC at 5 A.M on a Friday night?
Nearly all the value of nearly all copyrighted works comes from ideas that the author learned from people who came before and who the author didn't pay. If you got the ingredients to your sandwich from a charity, and you begged for someone else to assemble it for you, and somebody else invented the methods of producing the ingredients, and some volunteer soldier protected you from having your sandwich stolen by invaders, and all you did was specify the layout of the ingredients between the the bread, I still wouldn't steal it from you. But if I did I would feel a lot less guilty about it. I support copymonopoly, but only for the minimum length of time needed to incentivise people to produce it. Fifteen years, like our first congress authorized, is plenty for the vast majority of works. Even less would be appropriate for most works. To let copymonopoly extend for 150 years like current law is a violation of the constitution's requirement that copymonopoly not go on forever. More than 100 years is forever for all practical purposes and is totally unnecessary to incentivise production. It's very damaging to humanity to restrict access to all that old information.
Copying is a right. Just one that is restricted by law.
Copyright law is a misnomer, it would be more appropriate to call it copy restriction law.
A right is something you can do without the hindrance or the requirement of assistance from another. Copying information available to you is such an act.
Copyright restriction is not a right of the creator, but an entitlement bestowed temporarily in exchange for publishing creative work. Once information has been handed to another, only physical force can stop that person from making copies.
I make my living writing software that retails for approx $1000 per license... and done fairly well at it... recently I was directed to a hacker site that had cracked copies of my code... I lurked for a few days to get a sense of the place and give myself time to think about how to react. The site's users were in two camps... those who use the software in an educational (usually self education) and those who are using it as a tool in their professional arsenal. Once I revealed myself I found that neither group said they would be willing to pay or stop using, even when edu discounts were offered... but the students were really cool about it and asked lots of informed questions and pointed out that when they moved to professional life they would recommend the tool... the others were really abusive.
In the end I decided to give the students my blessing as long as they didn't come seeking support... no lost sale, no money changing hands, no big deal and a potential for future sales. The love-wave that came back from those guys felt almost as good as actual sales.
The so-called professionals were anything but, their attitude was that in business it's all fair and if using cracked software gave the a competitive edge then it was crazy to do otherwise... no love-wave.
Yeah, anecdotal I know but this composer chappy has got the wrong end of the equation and 'elenor' is on the right track... I for one will be telling my musical friends how much of an a-hole this guy is and hopefully he will have more lost real sales.
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.
- Thomas Macaulay, 1841
This fine composer is the victim of the theft of the commons. He seems a reasonable guy. Unfortunately for him copyright is no longer a square deal and since people are now ignoring all copyrights, they're ignoring his too. That's not fair, but what is there to do? We as individuals have no power to make copyright back into a square deal again and to research every author and contributor to a work for each use to determine if there's net sanity there is just too high a burden. The public seldom makes nice distinctions. His loss is no greater than ours: he's lost some potential income; we've lost our culture.
Help stamp out iliturcy.
The capability to copy something easily does not automatically grant you the legal right to do so.
...Which is exactly what the article is about. From the teenager's perspective, she's grown up in an environment where virtually all content is available at the click of a mouse, without having so strain a single neuron in consideration of the implications of that.
And it is easy to sympathise with her point of view as a teenager without a credit card and without family supportive of her theatre. But nonetheless, the composer has a perfectly valid point - in fact, several.
One area where he could have made his case a bit better is that the teenager was apparently offering his work for "trade" (whatever that might mean), which actually does not fit quite so conveniently with the image of a struggling artist in need of sheet music.
Really? Have you ever written staff notation, or plotted it out in cakewalk, rosegarden, etc? Sure you can use a MIDI keyboard for some of the work but you're not going to use the generated MIDI file for the final product; you will be tweaking the notation by hand - quite a bit. It does take days to weeks of editing. Some musical works have taken much longer.
It's not even just the "editing" - it's composing. That's what composers do. Take Beethoven's 9th symphony; that work is the result of six years' worth of "editing" as you put it.
You are a programmer/developer, right? So, can I say all you do is "edit code?" Even better, I could say all you do is "push buttons" in the right order and don't deserve more than minimum wage for your unskilled labor. That of course ignores all of the architecting/engineering you have to put into it, and it belittles your talent, just as you belittle the composers.
Does that put it in perspective?
The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
I don't believe Eleanor is even real..
No teenagers talk like that. Ever. The guy wrote it himself look at the writing style between his responses and hers, they're practically the same. He made it up.
The best solution for individuals wanting to learn new music, inefficient in the short term but invaluable in the long run, is to learn how to play by ear and transcribe the music yourself. But I'm sure you've heard that before. Anyway here are some sheet music sites I know of, primarily piano.
In case anyone does not already know, IMSLP is a great site for public domain sheet music.
Copyright law exists for the advancement of society
Copyright law was created for the advancement of society. It currently exists because of a historical precedence. Whether copyright law still benefits society is a debatable point.
Yeah, what's with all that "music" and "movies" and "books" and "video games" etc crap? I just can't understand how anyone in their right mind could need to make or enjoy that stuff, when they could instead go work for a couple more hours per day in the fields or in the mines or something equally real and worthwhile. If everyone worked 16 hours per day instead of just 8 and then wasting the rest, just think about how much more advanced a civilization we'd be.
I'm a small-time composer, and I think $4-5 for a single copy of sheet music is ridiculously over-priced. I have always believed that all this huffing and puffing over copyright law just clouds the basic business problem: the music industry is not giving its public the products it wants, in the forms that they want it, for a price they are willing to pay. Here are some things I think people are looking for: - $5 for a single piece of sheet music that is downloaded is $4 too high. The cost of the sheet music shouldn't be five times (!) the price of the song itself. That feels like gouging. Which it is. - When people buy more than one copy of something, they should get a bulk discount. That's the way they do it at Costco, and that's the way it should work for sheet music. - When I buy something, I don't want any stupid restrictions such as trying to prevent me from printing more than one copy, or printing to a file, or anything else like that. I've got a $50 printer with a 1200 dpi scanner; you think I can't make a perfect copy? It's just insulting, and the user experience is horrible. Just give me the bleepin' file! I'm gonna convert it into a PDF anyway. The push-back to all this will be "oh, but we'll lose all our money!" Not so. If something's only priced at 99 cents, it's not worth my time to steal it for my friends. It's the price of a small fries at Micky-D's. Get your own, cheapskate. Likewise, if you're going to give me 15% if I buy 5 copies for everyone in my band, I'm going to take the 15%. Duh. And lastly, if you make it drop-dead simple to buy something online (see: amazonmp3.com), I'm going to buy from your online store because it is easier and a heck of lot safer than trolling illegal sites. -
"We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
While I'm somewhat sympathetic to this composer's viewpoint, like others here I cringed upon reading the bad analogies between copyright infringement and stealing physical objects. It's not surprising if the girl he was talking to didn't find them convincing, because they are fundamentally really bad analogies.
However, reading this really crystallized for me how to express the nature of the error: when someone infringes on your copyright they're not stealing from you but they are cheating you. Copyright infringement doesn't fit neatly into the analogy to stealing, which is a convenient one because it's something everyone understands. Instead, copyright is a sort of social contract between society and creators, which says that we will respect an artificial scarcity on those creative products because we recognize the value in them and want to incentivize creativity (or you could look it as trying to internalize positive externalities). When someone infringes copyright he is violating that social contract, going back on the agreement and cheating the creator.
Although I'm sure it's possible to think of a better analogy, one that comes to mind is if you built a sports stadium and convinced a vendor to spend a bunch of money to build and stock a hotdog stand, on the promise that those would be the only concessions available in the venue. Then the next week you started having free hotdog night, and consequently the vendor ends up loosing out on his investment. While that might not be a particularly moving analogy, I think people arguing against copyright infringement would be much more convincing if they stuck to some such analogy that had a sound connection to the actual problem. Analogies about screwdrivers and the like are never convincing because they are horrible analogies. I suppose a large part of the problem is that while property is a natural right that has been intuitively recognized for ages across many human societies, copyright is more of a pragmatic strategy that our society has adopted, which is not universal and is relatively recent (on the scale of human history); there is no reason to expect that copyright infringement should seem intuitively wrong. Indeed, the notion that spreading the wealth of information is wrong makes little sense if not considered in the context of the particular social contract we have established.
The other half of the battle (at least among those who are aware of the issues) is that copyright, as a social contract, is a two-way street. While it was once a contract between the creators and the people at large that was limited, reasonable, and clearly mutually beneficial, copyright has grown and changed and is now the product of laws that are bought by corporate money with little input by (or, indeed, even knowledge of among) the public. In effect, first the artists broke their side of the deal (or, at least, the organizations purporting to represent them did), and now the people have ceased to honor their side. Each party feels wronged, and there is a lot of bad blood. It would seem to me that the best way forward would be new alliance between moderate, pragmatic groups on both sides that seeks to establish a new compact that will again be limited, reasonable, and one both parties can recognize as mutually beneficial. Unfortunately, I think the popular but fallacious of "intellectual property" only hinders this goal.
"You call it a new way of thinking; I call it regression to ignorance!" -- Operation Ivy
Rights are established by governments
Epic misunderstanding...on the Fourth of July no less.
Advice: on VPS providers
Things are getting muddled a bit here. Perhaps there is no "right" to "copy", but don't toss the whole idea of "certain unalienable rights". The idea of those rights, and founding a government based on protecting those rights (and not granting them) seemed to work well for quite a while...
Simply dismissing "innate/natural rights" [as] the realm of philosophy and theology... may sound good to you, but when you think that way you come up with thoughts like A right is an agreement among society and Rights are established by governments...
Which leads to where it would be OK if society and government start taking away your "theoretical rights". Some cultures suck. The trick is to maintain a culture that only metes out punishment fit for a crime, lest it become one of the cultures that suck too.
This issue is a bit more complicated than you think.
Nearly all the value of nearly all copyrighted works comes from ideas that the author learned from people who came before and who the author didn't pay.
I wonder why you think this is the case. This guy is a famous broadway composer. I would expect that he went to school to learn composing. That was very far from free. I would also suspect that he's gone to lots of live musical theater. That certainly wasn't free. I would also guess that he has bought lots of music and paid for it. In fact I wouldn't be at all surprised if he, like many music fans, had spent a huge quantity of money during his life just buying records/cds/etc. So please explain exactly what ideas has he failed to pay for?
Now he's out there in the world trying to make a living writing music that has added value to the lives of countless people and all he wants is a lousy $3.99 for a copy of the sheet music of an original piece of music that he wrote. If he sells three or four copies, he can go buy a CD to listen to. If he sells 20 copies (and assuming he gets 100% of that $3.99) then he can buy a matinee ticket to go see a broadway show. A few thousand copies and he can pay his rent and bills for a whole month during which he can write a few more songs that you might like so much that you want a copy of the sheet music for them. It seems like a totally reasonable request to me.
I agree, and he probably would also, that the 150 year copyright duration is crazy, that was done essentially at the request of Disney because Mickey Mouse was about to enter the public domain. But hell this poor guy is alive right now and trying to make a living writing music. Cough up the lousy $3.99.
-- QED
I would argue that, if a work still has value and currency after 15 years, then it is an important piece of cultural property that _Desperately_ needs to be in the public domain.
Prediction for end of Universe #42: Fencepost error in Quantum_bogosort.cpp