Forum Home Forum Home > Other music related lounges > General Music Discussions
  New Posts New Posts RSS Feed - Downloading
  FAQ FAQ  Forum Search   Events   Register Register  Login Login

Topic ClosedDownloading

 Post Reply Post Reply Page  <1 89101112 18>
Poll Question: Is it right to download music for free without the artist's consent?
Poll Choice Votes Poll Statistics
13 [22.41%]
24 [41.38%]
4 [6.90%]
17 [29.31%]
This topic is closed, no new votes accepted

Author
Message Reverse Sort Order
Padraic View Drop Down
Special Collaborator
Special Collaborator
Avatar
Honorary Collaborator

Joined: February 16 2006
Location: Pennsylvania
Status: Offline
Points: 31169
Direct Link To This Post Posted: February 16 2009 at 19:45
Originally posted by Ivan_Melgar_M Ivan_Melgar_M wrote:

Originally posted by NaturalScience NaturalScience wrote:

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).
 
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


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.
Back to Top
Slartibartfast View Drop Down
Collaborator
Collaborator
Avatar
Honorary Collaborator / In Memoriam

Joined: April 29 2006
Location: Atlantais
Status: Offline
Points: 29630
Direct Link To This Post Posted: February 16 2009 at 19:44
Discipline Knot Things are not as bad as they seem.
They are worse than that.
They are also better than that.

About DGM Live

DGM Live utilizes the latest in peer-to-peer technologies to deliver large music files across the internet. Files are distributed using BitTorrent, a file distribution utility that can dramatically increase the speed of your download by retrieving your content not only from DGM's servers but from fellow downloaders simultaneously. Download it now.

In addition to BitTorrent downloads, you may also download your files directly from your web browser.

Newest Additions
BAND JAM IDEA
FREE MP3 DOWNLOAD


King Crimson
Nov. 16th, 1983
BearsVille

Full Recording

Subscribe to Podcast

 
Hit Parade
Robert Fripp in Nagoya 11/27/2006
Robert Fripp in Nagoya 11/27/2006

 
On this Day
Robert Fripp's Diary - 2006

 
Random Blast from the Past
Debbie Harry and RF, screentest for Alphaville
Robert Fripp - 06/06/2006

 
New to the DGM Shop
ProjeKct Four - CC -   Live in San Francisco 1998
ProjeKct Four - CC - Live in San Francisco 1998

 
Top Downloads
King Crimson - Aug. 7th, 2008 in Chicago

King Crimson - Jun. 28th, 1974 in Asbury Park

King Crimson - Oct. 23rd, 1973 in Glasgow

Fripp & Eno - Mar. 14th, 2006 in London

King Crimson - Nov. 14th,



Edited by Slartibartfast - February 16 2009 at 19:54
Back to Top
Ivan_Melgar_M View Drop Down
Special Collaborator
Special Collaborator

Honorary Collaborator

Joined: April 27 2004
Location: Peru
Status: Offline
Points: 19557
Direct Link To This Post Posted: February 16 2009 at 19:35
Originally posted by Dean Dean wrote:


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.
 
 
Not exact Dean, if you buy any item:
 
  1. From a legal source (E-Bay is a legal source)
  2. The Cd is original
  3. The guy never tells you it's stolen.

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
            
Back to Top
Ivan_Melgar_M View Drop Down
Special Collaborator
Special Collaborator

Honorary Collaborator

Joined: April 27 2004
Location: Peru
Status: Offline
Points: 19557
Direct Link To This Post Posted: February 16 2009 at 19:28
Originally posted by Tuzvihar Tuzvihar wrote:



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.
 
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
            
Back to Top
Dean View Drop Down
Special Collaborator
Special Collaborator
Avatar
Retired Admin and Amateur Layabout

Joined: May 13 2007
Location: Europe
Status: Offline
Points: 37575
Direct Link To This Post Posted: February 16 2009 at 18:29
Originally posted by Pnoom! Pnoom! wrote:

Originally posted by Dean Dean wrote:

  1. An artist presses 200 copies of their CD - which they sell and get paid for.
  2. If 50 people then decide they don't like the album and sell it on ebay there are still only 200 copies in existance, and the artist has been paid for 200 of them. There are not 250 copies so the artist cannot be paid for 250 copies. 
  3. If one of those 200 CDs is copied illegally, burnt onto 200 CDR and sold on eBay there are now 400 copies in existance but the artist has only been paid for 200 of them.
  4. If one of those 400 CDs is now copied and uploaded to the internet and 400 people download it there are now 800 of copies and the artist still has only been paid for 200 of them.
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.


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.
Where is that a contrary? Confused the only cases where it appiles is scenario-3 and scenario-4 - both are illegal.
Originally posted by Pnoom! Pnoom! wrote:


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.
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.
Originally posted by Pnoom! Pnoom! wrote:


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.
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
What?
Back to Top
Dean View Drop Down
Special Collaborator
Special Collaborator
Avatar
Retired Admin and Amateur Layabout

Joined: May 13 2007
Location: Europe
Status: Offline
Points: 37575
Direct Link To This Post Posted: February 16 2009 at 18:01
Originally posted by birdwithteeth11 birdwithteeth11 wrote:

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.
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.
 
 
What?
Back to Top
Tuzvihar View Drop Down
Special Collaborator
Special Collaborator
Avatar
Honorary Collaborator

Joined: May 18 2005
Location: C. Schinesghe
Status: Offline
Points: 13536
Direct Link To This Post Posted: February 16 2009 at 18:00
Originally posted by Ivan_Melgar_M Ivan_Melgar_M wrote:

Originally posted by NaturalScience NaturalScience wrote:

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).
 
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,


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.
"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
Back to Top
horsewithteeth11 View Drop Down
Prog Reviewer
Prog Reviewer
Avatar

Joined: January 09 2008
Location: Kentucky
Status: Offline
Points: 24598
Direct Link To This Post Posted: February 16 2009 at 17:49
Originally posted by Epignosis Epignosis wrote:

Click here for free music!!!!



Thanks for the free advertising.LOL
Back to Top
Ivan_Melgar_M View Drop Down
Special Collaborator
Special Collaborator

Honorary Collaborator

Joined: April 27 2004
Location: Peru
Status: Offline
Points: 19557
Direct Link To This Post Posted: February 16 2009 at 17:20
Originally posted by NaturalScience NaturalScience wrote:

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).
 
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
            
Back to Top
Pnoom! View Drop Down
Forum Senior Member
Forum Senior Member


Joined: September 02 2006
Location: OH
Status: Offline
Points: 4981
Direct Link To This Post Posted: February 16 2009 at 16:46
Originally posted by Dean Dean wrote:

  1. An artist presses 200 copies of their CD - which they sell and get paid for.
  2. If 50 people then decide they don't like the album and sell it on ebay there are still only 200 copies in existance, and the artist has been paid for 200 of them. There are not 250 copies so the artist cannot be paid for 250 copies. 
  3. If one of those 200 CDs is copied illegally, burnt onto 200 CDR and sold on eBay there are now 400 copies in existance but the artist has only been paid for 200 of them.
  4. If one of those 400 CDs is now copied and uploaded to the internet and 400 people download it there are now 800 of copies and the artist still has only been paid for 200 of them.
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.


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.
Back to Top
Epignosis View Drop Down
Special Collaborator
Special Collaborator
Avatar
Honorary Collaborator

Joined: December 30 2007
Location: Raeford, NC
Status: Offline
Points: 32553
Direct Link To This Post Posted: February 16 2009 at 16:39
Click here for free music!!!!


Back to Top
Dean View Drop Down
Special Collaborator
Special Collaborator
Avatar
Retired Admin and Amateur Layabout

Joined: May 13 2007
Location: Europe
Status: Offline
Points: 37575
Direct Link To This Post Posted: February 16 2009 at 16:34
Originally posted by Rocktopus Rocktopus wrote:

Originally posted by Dean Dean wrote:

 
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.


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).
  1. An artist presses 200 copies of their CD - which they sell and get paid for.
  2. If 50 people then decide they don't like the album and sell it on ebay there are still only 200 copies in existance, and the artist has been paid for 200 of them. There are not 250 copies so the artist cannot be paid for 250 copies. 
  3. If one of those 200 CDs is copied illegally, burnt onto 200 CDR and sold on eBay there are now 400 copies in existance but the artist has only been paid for 200 of them.
  4. If one of those 400 CDs is now copied and uploaded to the internet and 400 people download it there are now 800 of copies and the artist still has only been paid for 200 of them.
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.
What?
Back to Top
horsewithteeth11 View Drop Down
Prog Reviewer
Prog Reviewer
Avatar

Joined: January 09 2008
Location: Kentucky
Status: Offline
Points: 24598
Direct Link To This Post Posted: February 16 2009 at 16:27
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.Clap
Back to Top
Padraic View Drop Down
Special Collaborator
Special Collaborator
Avatar
Honorary Collaborator

Joined: February 16 2006
Location: Pennsylvania
Status: Offline
Points: 31169
Direct Link To This Post Posted: February 16 2009 at 16:08
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).
Back to Top
Rocktopus View Drop Down
Forum Senior Member
Forum Senior Member
Avatar

Joined: March 02 2006
Location: Norway
Status: Offline
Points: 4202
Direct Link To This Post Posted: February 16 2009 at 16:06
Originally posted by Dean Dean wrote:

 
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.


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
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
Back to Top
Dean View Drop Down
Special Collaborator
Special Collaborator
Avatar
Retired Admin and Amateur Layabout

Joined: May 13 2007
Location: Europe
Status: Offline
Points: 37575
Direct Link To This Post Posted: February 16 2009 at 16:02
Originally posted by Rocktopus Rocktopus wrote:

Originally posted by Dean Dean wrote:

 
And on the subject of the silly prices for OOP CDs and vinyls - that's simply supply and demand -


No one is saying or thinking otherwise. I know I'm not.

But the only possible reasons for buying such an  album are all egocentrical (unless you're going to make a rip and share, that is). It has nothing to to with supporting the artist.

Like most, I'd like to have my whole collection 100% original. A vinylrip can sound just fine, but is only good enough when its the only option available.
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.
What?
Back to Top
laplace View Drop Down
Prog Reviewer
Prog Reviewer
Avatar

Joined: October 06 2005
Location: popupControl();
Status: Offline
Points: 7606
Direct Link To This Post Posted: February 16 2009 at 15:04
Originally posted by Pnoom! Pnoom! wrote:

If your ethics aren't consistent, they aren't right.


this is better trolling than "you wouldn't download a car"
Back to Top
Tony R View Drop Down
Special Collaborator
Special Collaborator
Avatar
Honorary Collaborator / Retired Admin

Joined: July 16 2004
Location: UK
Status: Offline
Points: 11979
Direct Link To This Post Posted: February 16 2009 at 14:54
Originally posted by Trademark Trademark wrote:

I'm dangerously close to being banned for simply stating my opinions so I'd better stay out of this thread altogether.  

Whoops!  


It's not what you say - your posts are usually well worth reading, it's HOW you say it.Wink
Back to Top
Epignosis View Drop Down
Special Collaborator
Special Collaborator
Avatar
Honorary Collaborator

Joined: December 30 2007
Location: Raeford, NC
Status: Offline
Points: 32553
Direct Link To This Post Posted: February 16 2009 at 14:51
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.


Back to Top
Queen By-Tor View Drop Down
Special Collaborator
Special Collaborator
Avatar
Honorary Collaborator

Joined: September 13 2006
Location: Xanadu
Status: Offline
Points: 16111
Direct Link To This Post Posted: February 16 2009 at 14:37
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.
Back to Top
 Post Reply Post Reply Page  <1 89101112 18>

Forum Jump Forum Permissions View Drop Down



This page was generated in 0.359 seconds.
Donate monthly and keep PA fast-loading and ad-free forever.