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Music copyright infringement
How Does Music Copyright Infringement Affect Me?
Music copyright infringement happens all around us every day, by both well meaning people downloading music from their favorite social networking site to the guy who’s reselling MP3s. To be certain, most people who commit music copyright infringement don’t realize what’s going on, and are in turn doing something very illegal and prosecutable in the United States.
Copyright Infringement, as defined by Wikipedia.org states: “Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.”
We’ve all heard of ‘bootleg’ recordings – usually audio recordings taken from concerts and sold on home made cassettes or CDs and distributed (sometimes out of the trunk of a car) to anyone that will buy. Bootleg recordings have changed, however, as music copyright infringement has branched into video recordings. Music copyright infringement has exploded with the advent of the internet, and now people from all over the world are sharing every type of imaginable file – from eBooks to audio to music – and small label artists began feeling the pinch years ago.
However, many new and older artists are beginning to see the beauty of the internet, and are offering their music for sale track-by-track on iTunes and other MP3 sales websites, as well as through their own band websites and MySpace pages. The internet has exploded in the possibilities it’s given up and coming musicians to become visible, while at the same time drastically increasing the number of music copyright infringement cases – some of which were against innocent people who just weren’t informed.
Music copyright infringement cases have helped to create organizations that protect the fair use of an item, such as a song. Organizations such as CreativeCommons.com and the Electronic Frontier Foundation help individuals to know their rights under copyright acts.
While there are organizations that help you understand your rights as a purchaser of copyright use, there are organizations that want to limit the ways in which you use the products you buy. It is rumored, for example, that record distribution and production companies want to limit the ways in which you use the music you buy – they don’t want you to put it on your computer or make a Mix Tape or CD from it – for fear of ‘sharing.’
It seems to me, however, when music publishers and distribution companies limit uses like this, they’re opening up a tidal wave of music copyright infringement cases. By limiting the use of purchased material, the companies are alienating their client base and pushing all their sales away from physical products and toward electronic ones – which are much harder to control.
A way in which these companies tried to limit the uses was by creating a DRM program, which severely limited the where a CD could be played (on one computer, for instance). And, in one drastic measure, Sony placed a DRM program on all their CDs in the Winter of 2005, and severely crippled several networks when their ‘program’ was actually malware that seriously crippled network security.
As you can see, music copyright infringement is something that is currently being fought between end users and music production and distribution companies. In this new century, we must find a way to retain copyright, and allow the customers to use the products they buy in a meaningful way, or otherwise the market will shift and the industry as we know it will be abandoned.
Software Copyright Laws Software Copyright Laws Fail to Provide Adequate Protection Software copyright laws are among the most difficult to enforce among the masses. Many companies and corporations are also well known for overlooking these laws, which were designed to protect the makes of software from not earning their worth. Perhaps one of the biggest hitches leading so many software businesses to go out of business is the fact that they have a great deal of difficulty actually enforcing the software copyright laws that are in place and getting the money that is owed them according to the agreements that have been made with those on the using end of the software. Software developers, particularly in the corporate world design software that makes other companies run more efficiently. The software allows these companies to save millions of dollars each year. Software copyright laws protect the interests of the software developers that create these massive programs. These programs are often designed specifically for that one company and are very expensive. The agreement often consists of a certain number of users with the company purchasing more licenses or copies of the software during expansions or paying some sort of royalties for the use of the software. The purchasing companies agree to this and then more often than not fail to honor that agreement. The agreement is what allows this company to use that software, this agreement is what allows that permission. When companies aren't living up to their end of this agreement they are not only guilty of breaching that agreement but also of breaking software copyright laws. The trouble always lies in proving that they are not honoring the contract and the extent and duration of the breach. Some of the ways that companies will argue in defense of them not paying the royalties, additional fees, purchasing additional software, etc. is that they upgraded computers and reused the old software (they did actually purchase the rights to use the original software and by doing so feel that they have broken no software copyright laws) the problem lies in the fact that adding ten new computers and placing the software on those should mean that you remove it from or get rid of 10 old computers. This is rarely how it works. So now they've basically stolen ten copies of software that can be well worth hundreds of thousands of dollars. Multiply this by 10, 20, or 100 companies trying this or worse each year and the offending companies are costing software developers millions of dollars in profits. This is when software copyright laws are not as far reaching in their scope as they really need to be. Software copyright laws exist to protect the software companies from this type of abuse and misuse, however, the hands of the companies are almost unilaterally tied when it comes to proving that software copyright laws have been broken in court. There are always exceptions to every rule. In this case big business software developers that abuse the software copyright laws to the point of breaking make the exceptions rather than miserly consumers that do not wish to pay for the products they are consuming. The big boys are able to do this by offering licenses for their software and claiming that these laws do not apply to their situation because they are not actually selling the software only 'renting' out permission for people or companies to 'use' that software. The true irony is that these practices began as a response to the corporate irresponsibility mentioned above. It's amazing that the very software copyright laws that were created to protect these companies can't protect their consumers from the greed of the developing companies. Non copyright music downloads Non Copyright Music Downloads Offer Growing Options for Music Collections Non copyright music downloads are growing in popularity and providing much needed exposure to many 'starving artists'. The truth of the matter is that many artists are turning to open source applications or creative commons licensing which allows them to provide their music to others while still retaining their ownership. It's a great idea that has actually worked quite well within the software community and is just now taking hold within the music industry. The idea of services such as this that offer non copyright music downloads to consumers for their listening pleasure is a relatively new concept that is beginning to take hold throughout the online music community. It is important to remember that while there are a few names that are recognizable and reputable in this particular industry there are also those that have less scruples than others and are more than willing to take advantage of music lovers for the fees they will pay and/or a credit card number and personal information. It is always wise to be aware of the information you are sharing online and to take great pains not to give information to companies that aren't absolutely secure and reputable. There are so many 'back room' websites that offer you unlimited music downloads for a yearly or lifetime subscription fee that sounds to good to be true. The problem is that many of these have a very limited selection of non copyright music downloads or quality music and only offer substandard and non mainstream music that no one has ever heard of or they offer music sharing that is not at all legal and puts you in a precarious legal position. The law holds you accountable for what you do rather than what you understand you are doing more often than not. Thinking you have non copyright music downloads is not the same as actually having them. So don't believe everything you see when it comes to defining legal and illegal music downloads. Find companies that have good reputations and don't go with cheaper services that are suspect and vague in their description of services. Non copyright music downloads or open source music is still relatively new. There are a lot of questions that leave a lot of room for misunderstandings, confusion, and consumers being taken advantage of. Educate yourself before subscribing to any of these services. Check out several do searches online to see if there is any negative feedback about these companies, read the feedback and see what people have to say. You can't believe all the negative you read but if many people complain about selection or quality it's quite likely that they don't have a good selection or great quality. Know what you want and find a service that will give it to you in non copyright music downloads. Another thing to know about non copyright music downloads is that many of these services are not offered free. There are expenses involved for the company, the hosting, website advertising, the fees they pay the artist, and any other number of fees-also keep in mind that this is a very time consuming business for them and they have overhead costs in addition to wanting to get paid as well. Remember this is a business for them. You should not expect less of open source music than you expect from other music that you pay a subscription in order to download. Non copyright music downloads are definitely the wave of the future and the technology had better be able to keep up with the demands of consumers. |