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Padraic ![]() Special Collaborator ![]() ![]() Honorary Collaborator Joined: February 16 2006 Location: Pennsylvania Status: Offline Points: 31169 |
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Another important distinction between the two options, to be sure. It boils down to what one thinks the scope of copyright should be - should an artist have unconditional control over the work in perpetuity? Basically take an album out of print - should the artist have the right not to make it available to anyone? Copyright, patent, and trademark law arose to encourage innovation and to protect intellectual property - but did it ever mean to come to this? I'm fine with people that feel that downloading is wrong, no matter what. I'm just saying my main concern is the artist. If there's a way to acquire the album such that the artist gets compensated, I'll take that approach over an (illegal) download every time- if such a way does not exist, my conscience is clear about obtaining it in another way. |
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Slartibartfast ![]() Collaborator ![]() ![]() Honorary Collaborator / In Memoriam Joined: April 29 2006 Location: Atlantais Status: Offline Points: 29630 |
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![]() They are worse than that. They are also better than that.
Edited by Slartibartfast - February 16 2009 at 19:54 |
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Ivan_Melgar_M ![]() Special Collaborator ![]() Honorary Collaborator Joined: April 27 2004 Location: Peru Status: Offline Points: 19557 |
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Not exact Dean, if you buy any item:
You are acting legally, because you don't have to know if this guy has stolen it. As a fact the artist has already received his payment when the album reached the store, because the stores get the album and pay the price to the distributuion company. Of course the seller is a crook, but you have no responsability.
Iván
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Ivan_Melgar_M ![]() Special Collaborator ![]() Honorary Collaborator Joined: April 27 2004 Location: Peru Status: Offline Points: 19557 |
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No, because when you buy an album you agree with the conditions, and one of them is not to make them availlable for other persons, and if you download it you are taking something you know it's from an illegal source, so that makes you an accesory.
The only copy a person can make is for his personal use.
Iván
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Dean ![]() Special Collaborator ![]() ![]() Retired Admin and Amateur Layabout Joined: May 13 2007 Location: Europe Status: Offline Points: 37575 |
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Where is that a contrary?
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Exactly. The artist does not get any of the resale earnings from scenario-2, but that is perfectly legal because he's already been paid for that copy. As I said - it is an irrelevant smoke-screen,
The initial premise was that in scenario-2 the artist doesn't get paid, so it is the same as scenario-4. I disagree with that, and so it appears, do you.
A stolen copy is a stolen copy regardless of whether it was shoplifted from Borders or copied onto a CDR - reselling it is effectively scenario-3, not scenario-2.
Edited by Dean - February 16 2009 at 18:31 |
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Dean ![]() Special Collaborator ![]() ![]() Retired Admin and Amateur Layabout Joined: May 13 2007 Location: Europe Status: Offline Points: 37575 |
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Not precisely correct. If the artist is signed to a label, in theory he will get paid royalties (~10-20% of selling price) for every CD sold regardless of where or how that CD is subsequently sold - if they were sold by the label or by a retailer he gets the same percentage - however, if he sells them on his website he gets his royalties plus any retail-markup assuming he bought them from the label at cost, which he will have done because labels don't give copies away ... (see below).
If he is unsigned, so is therefore self-released, he obviously is paid 100% of the retail price if you buy from the aritsts web site and a fair percentage (~60% of a $10 CD) if buying from an independant disty like CDBaby, but he also has had to pay for the cost of recording, manufacture and promotion up-front, so has to sell a fixed number CDs to recoup his expenditure, any subsequent sales then start earning him money (profit/wages).
If the artist owns the label - then obviously that is the same model as being self-released.
All CDs take money to produce and market, whether that is self-released or by a label. In the former it is the artist who bears the full brunt of these costs and he will not make any money until those costs are recovered. In the later case the label pays for these costs BUT will not pay the artist any royalties until all outgoing costs (including promotion, marketing and the cost of any free copies given away) are recovered through sales. Also, if the artist has received an advance (meaning literally 'an advance on earnings'), he will not receive any more payments from the label until the advance has been recovered (through the artists earnt royalties).
So to recap - buying direct from the artist = best; buying direct from the label (from the artists point of view) is the same as buying from a retailer.
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Tuzvihar ![]() Special Collaborator ![]() ![]() Honorary Collaborator Joined: May 18 2005 Location: C. Schinesghe Status: Offline Points: 13536 |
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You can say the same about option b. The rip has its source. Someone must have bought the album to be able to rip it. |
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"Music is much like f**king, but some composers can't climax and others climax too often, leaving themselves and the listener jaded and spent."
Charles Bukowski |
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horsewithteeth11 ![]() Prog Reviewer ![]() ![]() Joined: January 09 2008 Location: Kentucky Status: Offline Points: 24598 |
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Ivan_Melgar_M ![]() Special Collaborator ![]() Honorary Collaborator Joined: April 27 2004 Location: Peru Status: Offline Points: 19557 |
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In option a, the artist got paid when released, even if it's a significative amount less, doesn't matter, he made a contract accepting to receive X dollars for that vinyl and he received them, whatever happens with that album later, it's not his problem,
It's like buying a painting, the artist can sell it to you in 20 bucks, but if the artist gets famous, you can sell it in 1´000,000. The artist can say nothing, he was paid in his moment.
Option "a" is legal.
Iván Edited by Ivan_Melgar_M - February 16 2009 at 17:21 |
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Pnoom! ![]() Forum Senior Member ![]() Joined: September 02 2006 Location: OH Status: Offline Points: 4981 |
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On the contrary, if it's wrong because the artist isn't getting paid in one case, then it's wrong in all cases where that applies. Of course, in scenario two, the artist already has been paid, whereas in scenarios three and four he hasn't. So to say that the artist isn't getting paid in scenario two would simply be false. Now, if it were a stolen used copy, then it would be wrong to buy the CD in scenario two, because in that case the artist truly wouldn't be getting paid. |
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Epignosis ![]() Special Collaborator ![]() ![]() Honorary Collaborator Joined: December 30 2007 Location: Raeford, NC Status: Offline Points: 32553 |
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Dean ![]() Special Collaborator ![]() ![]() Retired Admin and Amateur Layabout Joined: May 13 2007 Location: Europe Status: Offline Points: 37575 |
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In one of these scenarios the artist gets paid, in the other three he doesn't; two of these are legal, two are not. Just because someone says that scenario-4 is wrong because the artist does not get paid it does not mean that scenario-2 is also wrong by the same virtue.
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horsewithteeth11 ![]() Prog Reviewer ![]() ![]() Joined: January 09 2008 Location: Kentucky Status: Offline Points: 24598 |
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Interesting debate going on here.
I will admit that I have been in every situation that has been brought up here so far (downloading music legally and illegally, buying the actual hard copies of CDs, giving people copies of CDs I own, etc etc) and I'm not condoning anything anyone has said, but.....well Pnoom! has pretty much addressed everything I wanted to say. Regardless of how I acquire an artist's material, I am still more than willing to buy merchandise from that artist as well as go see them perform live. So no matter how you look at it, I try to give back to any artist I listen to. And Pnoom! is right. If you want to support an artist by buying a hard copy of their CD, get it from their website or their record label directly to give them the most benefit. Again, excellent discussion point from all sides. ![]() |
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Padraic ![]() Special Collaborator ![]() ![]() Honorary Collaborator Joined: February 16 2006 Location: Pennsylvania Status: Offline Points: 31169 |
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The basic point with option 2 is (here assuming an album woefully OOP):
a.) If I buy a secondhand vinyl off of Ebay for $50, the artist receives nothing. b.) If I download a rip of it, the artist receives nothing. The only difference between the two is me being out $50, and whatever moral/ethical implications you wish to ascribe to the two actions (such as, getting something without paying for it is wrong in all circumstances). |
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Rocktopus ![]() Forum Senior Member ![]() ![]() Joined: March 02 2006 Location: Norway Status: Offline Points: 4202 |
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Its not at all irrelevant to me. And artists not getting paid has been one of the main arguments against illegal downloading, and that is an argument that sometimes is irrelevant (quite often with obscure prog and jazz). Edited by Rocktopus - February 16 2009 at 16:11 |
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Over land and under ashes
In the sunlight, see - it flashes Find a fly and eat his eye But don't believe in me Don't believe in me Don't believe in me |
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Dean ![]() Special Collaborator ![]() ![]() Retired Admin and Amateur Layabout Joined: May 13 2007 Location: Europe Status: Offline Points: 37575 |
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Maybe, maybe not - someone on the first page made a comment about Option 2 being preferable to paying someone $40 on eBay - you joined in this debate by saying that the artist earns nothing from a secondhand copy and buying it "will only give some random guy an absurd amount of money" ... the inference being that was justification enough for downloading the out of print copy (my only error, perhaps, is in assuming it is the high selling prices that are the problem).
The only reasons for wanting any music, whether legally or otherwise, is egocentric.
The fact the artist does not earn a penny from resales is irrelevant since the artist has already been paid for that particular copy, so the fact that secondhand CDs and vinyls do not support the artist is an irrelevant smoke-screen and has no relationship to unsolicited copies.
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laplace ![]() Prog Reviewer ![]() ![]() Joined: October 06 2005 Location: popupControl(); Status: Offline Points: 7606 |
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this is better trolling than "you wouldn't download a car" |
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Tony R ![]() Special Collaborator ![]() ![]() Honorary Collaborator / Retired Admin Joined: July 16 2004 Location: UK Status: Offline Points: 11979 |
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It's not what you say - your posts are usually well worth reading, it's HOW you say it. ![]() |
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Epignosis ![]() Special Collaborator ![]() ![]() Honorary Collaborator Joined: December 30 2007 Location: Raeford, NC Status: Offline Points: 32553 |
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All I'm going to say is I better not catch someone pirating my hard and arduous work, or I will meet and greet this individual.
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Queen By-Tor ![]() Special Collaborator ![]() ![]() Honorary Collaborator Joined: September 13 2006 Location: Xanadu Status: Offline Points: 16111 |
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The simple fact of the matter is that downloading anything that is not up for legal download is an infringement to intellectual copyrights. Someone worked to create something and you're taking it for free. It's the same as stealing bread from a baker.
Any other "reasons" that people might have are simple ways of validating theft for themselves. |
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