| My last words- I have been a mover and shaker for over two years trying to protect the rights of listeners, using the law and people in politics who understand what is happening in the music business; and there are very few of these as there are very few in the music world who understand what's been going on. So I give a few answers that I hope can be understood. Dre de Man wrote: The question is, who's rights are being eroded here. The necessity of this law is born out of the fact that copy rights of recording companies and artists have been violated by Napster, mp3.com and others. The cases that have been taken to court, have made that clear. Unfortunately the Judges in these courts are trying to pass judgment on things which they themselves don't understand. There are no laws to protect musicians or listeners involving the internet. Judges can make rulings on old laws that are in effect, but none of these address World Wide Web conditions. Also you lump Napster (a direct violation of copyright laws) with MP3.com (not violating copyright laws). If you own a cd and want to listen to it while sitting in front of a computer, you put it in your cd-rom drive: the quality is much better and it is easier! I agree. But suppose you use a program (there are many out there) whereby you could link to your computer at home from your office and listen to a number from a CD in your own drive in your computer. You are in the office. Your CD is at home. Do you really want a law that states you do not have the right to do that? That's what the present law does. It states that you do NOT have the right to hear music through a remote server. And you think this is fair? That is what the listeners rights bill is all about. - there will never be a law that prohibits listening to music via Internet, from artists and
recording companies that * want you * to listen to them.
And some wise and knowledgeable attorney once said, "There will NEVER be a law permitting people of the same sex to marry." And one other who stated, "There will NEVER be a law passed that will limit a person's right to make supplication to his God in this great nation. It is unthinkable!"There is a much larger issue here than most people realize. There are bills now drafted and waiting for the time that other bills can be signed into law that will eventually prevent a person from listening to music which can be heard by someone not owning the rights to hear that music. In other words, at the office from your CD or tape player or at your home where you share your music collection with friends and neighbors. Sure! I agree these laws would be nearly impossible to enforce but that's not why the proponents want them passed. What the music regulation agencies eventually want is to prevent anybody from listening to music from any format at any time without paying a royalty to them for the privilege of listening. Never happen? Unenforceable? Stupid? Sure, for now, but what will that do for future bills and laws, events that we cannot even imagine in this day. As a race we humans are shortsighted. We concentrate on the here and now without worrying about the future. But some of us dived into the complexities of pending bills' wording and had some frightening visions of a possible future. What 99,99 % of the people do is, downloading tracks of cd's they don't own, listen to them and mostly even burn cd's from them. I've seen hundreds of people doing that..., That is a general statement of your opinion. I do not share that opinion. And I have a problem with your watching hundreds of people break the law. Internet of course offers some interesting possibilities: we have some people on the list that
sell cd's they produced themselves by using mp3.com Do you know that the famed Paul Simon (Warner Bros) is on mp3.com as is The Rolling Stones? Did you know that a great many recording companies are using mp3.com as a marketing site, even those in the big 12 (BMG) group? And these people are now issuing CD's there for prices that are just? ASCAP, BMI and HFA are becoming increasingly disturbed that CD's are being sold at substantially lower prices. As a direct result, it is this group that is pushing for laws to prevent this. They're losing money. CD's are supposed to be sold in the $15 to $18 dollar range. CD's being distributed by mp3.com average $7 each, a reasonable price. The internet is upsetting the way things have been done for 90 years and they can't cope.For Judy's comments- One might also question why our existing copyright laws are deemed to be insufficient.
In 1992 our existing music copyright laws were changed and a few years later the Digital Music Copyright Act was signed into law. If you want to know the answer to your question go to the US Government Copyright section on the internet, look up DMCA and section 17 covering "Sound Recordings" and be prepared to be horrified. One of the clauses allows small restaurants and bars to play any copyrighted music they wish without having to pay fees to the musician who composed the music. But for us, as individuals, to do that, we must pay copyright fees. Is this fair? Would you like this law to be changed? Another law states that word files and data streams (MIDI files) can be classified as "Sound Recordings" and users must pay copyright fees to use these files. Should this law be changed? There's more. On the other hand, the doctrine of reasonable use has held that copying for certain
limited uses is acceptable--such as taping a show off the air for your own
enjoyment at a later date.
Not any more. It is now against the law to do this. A case in Supreme Court was won recently by a music agency denouncing this, referring to the new Copyright Laws. So if you do this, you are breaking the law.[I will stop here on this bent.] If you want to know the truth of all things you must take the time to read the laws and the bills currently in the House. Otherwise just listen to rumors and be deceived. I will not bring this up again. It's a promise. --
Dean FH Macy, Lit.D./Mus.D.
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"The great danger for humans is that we will walk by the light
of our own understanding." (H. Wallace Goddard)
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ADVICE FOR SINGERS "When you think you've hit a false note, sing
loud. When in doubt, sing loud." ---- Robert Merrill
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