Friday, March 7, 2008

#25 Music Pirates

Dictionary.com defines the word "pirate":
1.)a person who robs or commits illegal violence at sea or on the shores of the sea
2.)a ship used by such persons
3.)any plunderer, predator, etc.
4.)a person who uses or reproduces the work or invention of another without authorization.

After clicking on the Recording Industry Association of America (RIAA) link, I read and read and read and read. Gee there are a lot of rules, and some really harsh penalties for violating them. I did not know that duplicating copyrighted material you have purchased, even if you don't do it for financial or commercial gain, is illegal. Now more than ever I have reason to wax nostalgic about my youth, an innocent time when my friends and I shared homemade cassettes dubbed from the albums we purchased, with selfless naivite. Now if we did that we would be considered criminals! I also did not know that plaintiffs may bring claims against the parents of children who allegedly infringe on copyrights. Eeek!

I understand that it is sometimes necessary to protect copyrighted digital material from unauthorized duplication. Turning a blind eye to the street sale of bootleg CDs does not seem fair to musicians or the people who contribute to music production; however, if what I read about the RIAA is true, they seem to go overboard when it comes to defining the limits of what is and is not acceptable use of the media, and then stoop to extremes to insure "an artists' continued revenue stream". For example, because the RIAA may begin a lawsuit with no other information besides the ISP identification of a user, they have subpoenaed even a dead grandmother. When their legal fees were sharply cutting into income from settlements, the RIAA decided to direct internet "abusers" to a web site, where the alleged perpetrator can conveniently pay a fine by credit card. These practices seem greedy and underhanded, and oh, what was that third definition of a pirate..."a plunderer, or predator"? Who, according to definition, is the "pirate" now?

I think musicians and artists benefit from copyright protections, but I would like to see this issue discussed further, and current standards of legal and illegal music sharing revised. Presently Congress is considering a bill called The Artist-Museum Partnership Act, which would allow artists to deduct (on their income tax) the fair market value for their works when they are donated to a non profit organization. The IRS uses an Art Advisory Panel to set standards and review appraisals of art work, based on free market sales. If the value of a work of art can be appraised, why can't a song? Once the value is ascertained, parameters for sharing, and therefore, acceptable use could be easier to establish.

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