illegal music downloads

[Bro. James Reed]

The soul of country music is in the old singers and the old songs.

The old singers were the songwriters.

The couldn't sing a lick, but you could feel their depth in the songs they sang.

Now, it's all about the look.

Hank Williams, Ernest Tubb, George Jones, and company would never make it in today's "country" scene.

 

[Travelsong]

Originally posted by Mike McK:
Have you heard Loretta Lynn's "Van Leer Rose"? It's arguably her best album ever.

Yes! That's fantastic and I forgot to mention it. I attribute that sound to Jack White's production. In addition to being a musical encyclopedia, that guy is faithful to everything he touches. The White Stripes do everything from Blind Willie Mctell to Son House, Loretta Lynn, Dolly Pardon, Bob Dylan, Hank Williams and on and on. If anyone is fit to carry the banner of real rock n' roll today it's Jack White.

As for the other stuff you mentioned, no I'm really not familiar with any of it. I've always been afraid to touch country music because so much of it is sheer crap. I do like the country sound however and I'm interested in anything that's genuine.

Thanks for the recommendations. At least I have somewhere to start.

 

[Travelsong]

By the Way, The White Stripes have a new album called Get Behind Me Satan due out June 7th.

 

[Mike McK]

Originally posted by Travelsong:
As for the other stuff you mentioned, no I'm really not familiar with any of it.

Just a word of warning, some of it you'll probably only be able to get over the internet.

I guess you already know the usual places to go to hear sound clips?

Just as a note of trivia, people who may not be familiar with Billy Joe Shaver's music may know him from his role as Robert Duvall's brother in "The Apostle".

I've always been afraid to touch country music because so much of it is sheer crap. I do like the country sound however and I'm interested in anything that's genuine.

If you liked "Van Leer Rose", then I think you'll be ready for these artists.

Thanks for the recommendations. At least I have somewhere to start.

No problem.


Now Playing: Robert Knight – “Everlasting Love”

 

[Bro. Curtis]

Originally posted by Bro. James Reed:

But, Bro. Curtis, I have never made any money off of any song I have ever downloaded, and no one has illegally made any money from me by allowing me to download. What is the difference? [/QUOTE]

You have something you didn't pay for. That's the difference.

 

[Mike McK]

My personal feeling is that record companies and publishing houses are missing the boat here.

Not only could they stop illegal downloading, at least to a limited degree, but this is a tremendous moneymaking opportunity that they're just letting pass by.

Imagine that you're, say, Atlantic Records.

You have a large library of out of print records by popular artists such as Ray Charles and Solomon Burke.

Or maybe there are different outtakes, alternative versions, live versions, tracking sessions or songs that simply didn't make the album.

Rather than re-releasing the albums, and incurring the production, packaging and distribution costs, you could offer these things by download, greatly increasing your profit margin on songs you've already paid for.

I've never understood why companies don't do this (although, in all fairness, I think Rounder does, to some degree).


Now Playing: Johnny Jenkins – “Walk on Gilded Splinters”

 

[Magnetic Poles]

Originally posted by Bro. James Reed:

How many of you have movies on your shelves that you recorded on the TV? Did you know that is just as illegal as recording a song?

Not quite. The Supreme Court ruled in the famous BetaMax case that home recording for YOUR OWN use is legal. See Sony Corp. v. Universal City Studios, Jan 18, 1983.

Have you ever sung a song that was copyrighted? Are you not breaking the law by not paying the companies for the right to sing that song in the shower, car, or wherever else you may sing it?

No, you are not breaking the law. It is not a public performance in your shower or car. You can sing any song you like, but if it is performed in a public place as defined under copyright law and BMI, ASCAP & SESAC rules, then yes, you could be in violation.

I must say, I am very surprised by the rationalization going on to justify breaking one of the "Big 10".

 

[Bro. James Reed]

Someone please tell me, what is the difference between recording a movie from the TV for my own use and recording a CD from the net for my own use?

I don't need to rationalize it because I don't believe it is wrong.

 

[Travelsong]

Oh yeah. The White Stripes' new album has leaked and man is it great. Guess what? I'll be buying it as soon as it comes out.

Go ahead. Call me a thief.

 

[Mike McK]

Originally posted by Bro. James Reed:
Someone please tell me, what is the difference between recording a movie from the TV for my own use and recording a CD from the net for my own use?

I don't need to rationalize it because I don't believe it is wrong.

Do you mean ripping a CD of a show on internet radio, such as RadioMargaritaville.com?

Or do you mean peer to peer file sharing?


Now Playing: Allman Brothers – “At the Fillmore East (Expanded Edition)”

 

[Bro. James Reed]

I'm talking about P2P filesharing.

 

[Mike McK]

In that case, the programs you're taping from the TV are put out for public consumption.

The music dowloaded via P2P are not.


Now Playing: Otis Reading – “Dreams to Remember”

 

[Magnetic Poles]

Originally posted by Mike McK:
In that case, the programs you're taping from the TV are put out for public consumption.

The music dowloaded via P2P are not.

I would add that the TV stations are authorized to distribute the programming you are watching by the copyright owners. The P2P file sharers have not purchased such rights.

 

[Travelsong]

I went to the ultra hip indie mega record shop today and they didn't have a single one of those albums Mike. Can ya believe that? I spose they're prolly too good for country.

 

[Bro. James Reed]

In that case, the programs you're taping from the TV are put out for public consumption.

The music dowloaded via P2P are not.

They are in the public domain. Anyone with a computer can download them.

What if I burned tapes and/or CDs from the radio?

I would add that the TV stations are authorized to distribute the programming you are watching by the copyright owners. The P2P file sharers have not purchased such rights.

So, would it be illegal for me to buy a CD and then play it at a public event? Or, even just play it loud enough in my neighborhood for neighbors to get "free" songs?

I know for a fact that radio stations play CDs all of them time without getting consent from the owners. Why aren't the record companies going after them? It's because the record companies make money from that so-called illegal practice.

It's a double-standard.

 

[Magnetic Poles]

Originally posted by Bro. James Reed:
</font><blockquote>quote:</font><hr /> In that case, the programs you're taping from the TV are put out for public consumption.

The music dowloaded via P2P are not.

They are in the public domain. Anyone with a computer can download them.

What if I burned tapes and/or CDs from the radio?</font>[/QUOTE]I believe the BetaMax case covers recordings for personal use made off of any broadcast medium. If a song has truly fallen into public domain, then download away. Did you know that "Happy Birthday to You" is NOT public domain?

</font><blockquote>quote:</font><hr /> I would add that the TV stations are authorized to distribute the programming you are watching by the copyright owners. The P2P file sharers have not purchased such rights.

So, would it be illegal for me to buy a CD and then play it at a public event? Or, even just play it loud enough in my neighborhood for neighbors to get "free" songs?

I know for a fact that radio stations play CDs all of them time without getting consent from the owners. Why aren't the record companies going after them? It's because the record companies make money from that so-called illegal practice.

It's a double-standard. </font>[/QUOTE]Not a double standard at all, and certainly not an illegal practice. Radio stations pay ASCAP and BMI a fee for the right to broadcast copyright music. They pay licensing fees which go to the musicians, songwriters, publishing companies and record companies. As for buying a CD and playing it in a public forum, no that is definitely illegal, unless you pay for the right to do so by getting a license. The purchase price of the CD does not give you public performance or broadcast rights. Check some records or CDs. Many say this explicitly somewhere on the disc or accompanying material.

From ASCAP.com:

Public Performance or Performance Rights

A public performance is one that occurs "in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." A public performance also occurs when the performance is transmitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public. In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative.

http://www.ascap.com/licensing/termsdefined.html

 

[Magnetic Poles]

I would like to point out in the ASCAP definition above, a public performance includes transmission by means of any device or process, including telephone wire or other means. Looks like P2P to me, and given the RIAA lawsuits against file sharers, the law is on their side.

Again, don't steal. You wouldn't like someone taking your hard work and giving it away for free, and certainly not to millions on the net. You are taking bread off the table of songwriters and performers, and this is stealing, pure and simple. It matters not if they are wealthy (most songwriters and musicians are not), it matters not that you wouldn't buy the CD. If you play it, BUY IT.

Doesn't matter if it doesn't feel like stealing or if you think it isn't. The law says it is, and this is not a petty 5mph speeding type law. The penalties if caught are VERY severe.

Thou shalt not steal (unless it is easy to do from home and if only from people who might have wealth.)

 

[Mike McK]

Originally posted by Travelsong:
I went to the ultra hip indie mega record shop today and they didn't have a single one of those albums Mike. Can ya believe that? I spose they're prolly too good for country.

Some of those artists you can usually only find over the internet or a store that has an alt.country section.

Here where I live, we have Bert's Records, which has a pretty good sized alt.country/Americana section.

You might try milesofmusic.com. They're probably the biggest on line supplier of alt.country CDs.

Or, you might go directly to the artists' website.


Now Playing: Steve Goodman – “No Big Surprise”

 

[Mike McK]

Originally posted by Bro. James Reed:
</font><blockquote>quote:</font><hr /> In that case, the programs you're taping from the TV are put out for public consumption.

The music dowloaded via P2P are not.

They are in the public domain. Anyone with a computer can download them.</font>[/QUOTE]Actually, that's not what "public domain" means.

The things that go out over P2P filesharing aren't public domain.

What if I burned tapes and/or CDs from the radio?

This would be the same as recording a show from television.

I know for a fact that radio stations play CDs all of them time without getting consent from the owners.

I would tend to doubt this for two reasons. The first is that radio stations have to keep logs in order to keep their license.

The second is that the stations get their music directly from the record company, via subscription services. It would be foolish to accept music from a record company and then play it without their permission, knowing that they're going to have to report back to the record company what they're playing.

You say you know this for a fact. How?

As someone who's interested in radio and who volunteers for the local community station (WVUD 91.3FM, WVUD.org), I'd be curious to know this.


Now Playing: Paul Simon – "There Goes Rhymin’ Simon"

 

[Bro. James Reed]

Well, for starters I used to co-host a radio show for a local AM station.

Secondly, as I said before, my cousin is a DJ for a major country station here in Houston. I have been up to the station many times, and I have even helped download the music from CDs into their computer system.

Most of the music tends to come from the corporate office via their computer systems, but some comes from going to Wal-Mart, buying a CD, and downloading songs into the local system. As I said, I have personally assisted in this practice, so I know for a fact that it is done.