Record Labels May Have to Pay Double Royalties 388
douglips writes "News.com.com.com brings us this article explaining how record labels may be bitten by CD copy protection. At issue is the mechanism that places duplicate WMA tracks on the CD. The labels are thus selling two copies of each song, and may be required to pay twice as much to music publishers. So not only is the DRM ineffective, it also could be a huge legal liability for labels."
The little guy gets paid? (Score:5, Insightful)
Re:The little guy gets paid? (Score:5, Funny)
Are you insinuating that the "little people" in the record business don't get paid their fare share? That the lawyers and record executives, have, for decades, kept all the money themselves and screwed over the songwriters? That record companies are huge, bloated bureacracies that add little value to the creative process? That....
OK, you sold me.
Re:The little guy gets paid? (Score:5, Interesting)
well, if we're keeping track of who's doing the insinuating, add me to the list.
steve albini's the problem with music [slashdot.org] is a well-documented accounting of how bands on major labels get hooped by clawback clauses. read it. no, really.
Please fix your link... (Score:2)
Fixed link here... (Score:2, Offtopic)
Re:The little guy gets paid? (Score:2)
Hey man, Hobbits prefer little folk to little people. Where is your Slashdot-Enhanced Political Correctness?
Oh, wait... you were referring to the starving taiwanese children that assemble the cases and run the printers for the album inserts?
Re:The little guy gets paid? (Score:3, Funny)
dollars please.
RIAA : Whaaaaaaa?
Re:The little guy gets paid? (Score:5, Insightful)
More than a snowball's chance.. (Score:3, Insightful)
There *is* more than a snowball's chance in hell here. If you read the topic, it says label would pay the PUBLISHER, not the artist. I'm not sure exactly how that all works, or even if that's right, but if you look on a cd, you'll see something along the lines of "All songs published by SomethingSomething/BMI [bmi.com]." Where BMI is one of a few publishing houses.
Let me quote Nelson Muntz, (Score:5, Funny)
Re:Let me quote Nelson Muntz, (Score:5, Funny)
Let me quote Ross Perot (Score:5, Insightful)
Re:Let me quote Ross Perot (Score:5, Funny)
double double_cent = new double(cent);
System.out.println(double_cent);
Uh....I think it comes out to:
1.00000000000000000 cent
Re:Let me quote Nelson Muntz, (Score:3, Insightful)
let me be the first to say... (Score:5, Funny)
That wow, that sucks eh? Having to pay more to ship your product? Poor little labels.... spending money to infringe on customers fair use rights didn't work out for you? *light punch in arm* Aw com'on slugger, it'll be okay.
Re:let me be the first to say... (Score:3, Insightful)
I think little labels may be exact the people that will be most hurt by this. I've purchased some very quality cds for about $9 (which is much more fair IMHO,) from smaller labels who carry less-than-famous artists. Could be a major hit to these small record labels, which may not have huge amounts of revenue.
Re:let me be the first to say... (Score:5, Insightful)
So the small record labels can ship CDs with no copy protection. Problem solved.
Re:let me be the first to say... (Score:2, Insightful)
Re:let me be the first to say... (Score:5, Interesting)
Secondly, what is this fair use rights? I strongly suspect in the end it boils down to your assertion that you should get something for nothing. That is an incorrect assertion. If you are talking about the try then buy "right" then I would suggest you explore how much that relationship is based on trust, and what little reason the other side has to trust the average consumer in view of the rampant exhcange of illegally copied/distributed material.
Back in the tape to tape or CD to tape days these concepts had meaning. It wasn't easy to perform large scale unlawful copying. The music industry turned a bit of a blind eye to the whole affair because it was not perceived as a negative. Throw in the internet and peoples (mistaken) impression that it is nothing more than unlimited freedom with no responsibility, and that equation changes drastically, and rapidly. Factor in that people seem to now expect the music industry to accept that people can defraud them of their due revenues by unlawful copying and distribution is not only narcisistic and short-sighted, it is unrealistic and plainly not going to happen.
I would suggest you consider what you think is fair use, is it really fair? If it is fair, is it predicated on trust that has been abused and broken? Would it be fair from the other side of the equation? Is it fair to the artists who ultimately produce the work in question? Is greed a sufficient justification to deprive these folks of what they are due from their creations? Hey even if you know that they are getting ripped off by the label worse than the consumer, please explain to me how it is depriving them of what revenues they can generate demonstrates aawareness of or support for their plight?
Bottom line, there are consequences, this is just another one, a slightly humorous one, but just another consequence. Go ahead, keep on pulling the Kitty's tail, that will make it better...
Re:let me be the first to say... (Score:5, Informative)
That's right, you've made an incorrect assertion.
And another one.
Fair use rights means the right to use your legally purchased goods however you see fit. That's why it's called fair (as in unobstructed) use (as in application).
If I buy a pair of scissors then I have the fair use rights to use those scissors to cut paper, or cloth, or as a substitute screwdriver. They're my scissors. How I use those scissors is nobody's business but my own.
When I buy a CD I also have these fair use rights. I can listen to the music in my car. Or my house. Or on a portable player. I can use it as background music while I wash the dishes, or play it loud and throw my arms around like a pretend conductor. I can use that CD as I see fit.
And this includes using the music on that CD in ways that the seller did not intend. That includes using it on a portable MP3 player, or in a compilation disc for my car. My fair use rights gives me that permission.
DRM takes away my fair use rights because it unfairly stops me using the music in perfectly legitimate ways. DRM is an obstruction to my usage of the CD and the music. That's why it's not fair.
So when you equate "fair use" with piracy and illegal copying, you are incorrect. Fair use has nothing to do with piracy. It has everything to do with fair use of the goods you have already paid for.
Re:let me be the first to say... (Score:4, Insightful)
So you're accusing me of being a psychopath.
Wow. I'm impressed.
Sure, and making an MP3 for personal use does not infringe on another person's rights. I'm not stabbing them in the eye with an MP3.
For the second time, fair use rights does not mean unlawful copying. Copyright does deliver certain limited copying rights to the end-user. For example, with software you are permitted a backup copy. With television broadcasts you are allowed to make a copy to VHS for the purposes of time-shifting. Educators can make restricted and size-limited copies for the purposes of education. All of this can be done without first asking the copyright holder.
You need to let go of this incorrect idea that copyright means "no copying". Your fair use rights means certain copying is permitted, even if you are not the copyright holder.
#1: I didn't provide a definition of reasonable use. I didn't even use the word "reasonable".
#2: I fail to see the similarity between making copies of legally purchased music for personal use - as permitted by law - and your ludicrous strawman example of disobeying a software license.
And for the third time, fair use has nothing to do with obviating the rights of anybody else.
Re:let me be the first to say... (Score:4, Insightful)
When I purchase a CD for full price, if I purchased a license, I should be able to get another if my cd gets damaged for the price of the media (blank cd's are under $0.25, I assume they get an even better deal than this when they mass produce them). This is not how it currently works I should also be able to get different formats for the price of the media. If I bought a cd, why can't I download the mp3 for a modest $0.10 cent bandwidth fee?
If they aren't licensing me the music, are they selling me the cd? Doesn't that mean I should be legally allowed to copy my cd if it get's damaged? After all it is MINE! If my cd gets damaged, I would have to pay full price for something I already own. If my car get's a scratch, I can give it a paint job, I don't have to go out and buy a new car. The same is not true for cd's.
What is pissing everyone off with their restrictions is that they aren't being clear with what it is you get when you buy a cd. Is it a licensed product? Is it a sold product? There are different rules for each, and they want the protection of a license, without dealing with the drawbacks.
Re:Disney (Score:3, Informative)
$10 to replace a the media for a $20 DVD: unreasonable.
Agreed. Too pricy, considering that I can make my own copy on my dvd burner for
It's pretty clear cut, IMHO. They're selling you the media. Anyone who says differently is kidding him/herself.
Also agreed. The thing that bothers me is that the RIAA/MPAA try to get the luxury of selling it as though they were selling licenses, but with the drawbacks associated
two for the price of one? (Score:5, Funny)
Only if the people involved are idiots...oh...nevermind.
What about the lyrics? (Score:5, Interesting)
Re:What about the lyrics? (Score:3, Informative)
Re:What about the lyrics? (Score:3, Informative)
Almost none of the CDs I've bought in the past 5 years have included any lyrics.
So the copyrighted lyrics are provided twice, in two different formats: once printed and once sung. Does this mean that lyricists have been cheated for 35 years?
No, because there are two different types of copyright in play here.
The printed words are covered by mechanical copyright. The audio
Canadian Artists (Score:4, Interesting)
So far in Canada, artists have not been paid a cent from the CD-R royalties we all pay.
Where does it all go? Well, at least we know where it doesn't go.
Re:Canadian Artists (Score:5, Informative)
No, you are correct, the monies are not paid directly to the artists, but rather to SOCAN, which then uses those monies for grants, etc. etc. A little of what you recorded now going to the artists of tomorrow, but the money does go to the artists. I also believe that some of that money is distributed to SOCAN members as royalty payments as well, but I'm not 100% on that one.
Re:Canadian Artists (Score:2)
Could Canadians mail-order CD-R media (or other products subject to the extortion fee set up by the criminal recording outfit) from the US to bypass this tax that has been implemented by crooked politicians?
Because we're paying money to the recording industry -- both in the US and in Canada -- and not receiving any con
Re:Canadian Artists (Score:5, Informative)
Re:Canadian Artists (Score:5, Informative)
Not true. [neil.eton.ca]
Most of the money ($28M) collected for 2000 and 2001 has been distributed, with 66% of it going to songwriters, and ~19% going to musicians/singers. (The remaining ~15% went to record labels.) They say they should have a good start on distributing the money collected for 2002 ($26M).
Comment removed (Score:3, Funny)
Of course you know what will happen next... (Score:5, Insightful)
In other news... (Score:2)
Hey, a man can dream, can't he?
Joe
Indeed! (and do pass the butter) (Score:5, Funny)
Re:In other news... (Score:2)
Re:In other news... (Score:2)
Lame (Score:2)
Two wrongs don't make a right, but do two lames?
Re:Lame (Score:3, Funny)
No... (Score:2, Funny)
Costs to Consumers (Score:3, Funny)
Re:Costs to Consumers (Score:2, Funny)
I wasn't aware that they had ever gone down.
No problem (Score:5, Insightful)
A silly proposition (Score:3, Insightful)
Whether or not the record companies deserve this, it's basically an asinine proposition that everyone possible be reimbursed every particular format included on a CD. Very, very last century. But, what do you expect from artists like Metallica?
THAT'S OK!! (Score:5, Funny)
Muhahahahahaha!!!!!!!!! (Score:3, Informative)
They've made their bed, and now they're finding they don't want to sleep in it?
Why, thats just awful...
Re:Muhahahahahaha!!!!!!!!! (Score:2)
Or they're setting up a nasty problem. If the Record Companies have to pay for having two copies of a song on one disc, then they can claim that somebody who dupes their CDs to use in their cars are obligated to pay royalties to have those copies.
Though I'd be surprised if the RIAA was smart enough to think of something like that.
FNORD (Score:5, Interesting)
Re:FNORD (Score:3, Informative)
Solution: CD with DRM Software (Score:5, Insightful)
Re:Solution: CD with DRM Software (Score:5, Interesting)
Re:Solution: CD with DRM Software (Score:3, Interesting)
Whats far more ridiculous though is they think its sensical to inconvience the paying consumer when they could just get a no strings attached version online. I'm sure the vast majority of peopl
Re:Solution: CD with DRM Software (Score:2)
This is classic of the industry shooting itself in the foot!!! That policy was a great concessi
I don't see the problem... (Score:5, Insightful)
Room for error (Score:2, Funny)
- shazow
Redamndiculous (Score:3, Insightful)
the whole recording industry is so out of touch, not just the RIAA stormtroopers.
Poetic Justice (Score:2, Funny)
OK enough already. I guess I just want to say, that this is the kind of news that puts a BIG ol' grin on my face. Don't get me wrong - I don't believe in stealing copyrighted material and screwing the artist (besides, as most of us know, the record companies already do a fine job in this respect).
It's just nice to see occasionally, that bullshit legislation can blow-up in the face of the almighty lobbylists and greed mongers.
Let's pr
That's ok (Score:5, Insightful)
You didn't think the consumer would get out of getting screwed did you?
Oh, that would be funny.. (Score:2)
Re:That's ok (Score:2)
In order to thrwart piracy and prevent prices from going up, we will use anti-piracy measures and raise the cost of music.
Actually yes, I could see the record industry doing that, but no it won't happen. If they want me to buy DRM infested music, they will have to lower the price. Afterall, I can't do as much with it.
RIAA Cops currently recording their new album (Score:2)
The RIAA Solution (Score:2)
How's that for added value?
Re:The RIAA Solution (Score:2)
Current CDs cost approx. $10-15 right now - could you imagine paying up to $30 for a CD which only used to be $15?
The neat thing about this: (Score:3, Interesting)
When will they learn (Score:4, Insightful)
This is so unfair! (Score:5, Funny)
Re:This is so unfair! (Score:2)
They seem to be able to afford them just fine:
RIAA adopts paramilitary garb for parking lot bust
Jedidiah.
Re:This is so unfair! (Score:2)
Linkage [theregister.co.uk]
Jedidiah.
Re:This is so so so unfair! (Score:3, Informative)
Didn't we all already know this? (Score:2)
Re:Didn't we all already know this? (Score:2)
Not As Simple As That? (Score:4, Interesting)
First up, is it not really a single user license to play the song that is being sold?
And, only one copy of the music can be played at any one time.
So how is the copyright holder disadvantaged by this?
Re:Not As Simple As That? (Score:2)
Re:Not As Simple As That? (Score:2)
Hmmm (Score:4, Funny)
Bets on the outcome? (Score:2)
Send in the RAC Stormtroopers! (Score:2)
Let me see if I understand this... (Score:5, Interesting)
Record Labels : No way... just because you bought the CD does not give you the right to all the contents to do with as you wish. However, just to be nice, we will give you a low-quality, non-transferable rip of the song.
Artists : Wait... aren't you making another copy of the song? Since are selling two different copies of the song for every CD you sell, we're going to charge you twice the royalty.
Record Labels : No, we purchased the song from you for a particular customer, not for an individual copy of the song. As long as a single customer uses the song, we can do whatever we want with it.
Customer : Wait... isn't that what I just said?
MOD PARENT UP. (Score:2)
Re:Let me see if I understand this... (Score:2)
Wgat will be the impact on consumers (Score:5, Insightful)
Look at the whole "audio+data" CD phenomenon (from the consumers perspective) in the first place.
Just to be clear here, they sold you TWO copies of the music, in the same amount of space ====> so you received LESS MUSIC than you "normally/previously" would, for NO LESS MONEY.
Given this trend in the music industry, in the near future they'll be selling us Holographic Storage DISCs with a terabyte of data-space, with only one (3 minute, CD-Quality) song on it (the rest of the space is 'computer format' of the same song, plus anti-piracy technologies). It'll still cost $25-$35 in most cases, and will ONLY play on a custom media player that is specific to that music-label. Due to the intricacies of the technology, swapping HS-DISCs takes approximately 5 minutes, and the "music subscription" on HS-DISCs expires in 24 hours.
Re:Wgat will be the impact on consumers (Score:3, Insightful)
It's a simple breakdown...most songs are only about 3 minutes and some odd seconds long...lets say 3:45...
Most albums only have ~10 songs on them...
So, our 3:45 song on each track comes out to ~35 minutes. This leaves more than enough room for extra copies of the songs, music videos, etc...as a matter of fact, the band Offspring has a tendency to include music videos from the previous album in this extra space. It's actually very kewl when a speci
Is this about the atrists, then? (Score:5, Insightful)
The music industry has been saying over and over again that piracy hurts the artists [aftra.org] . Their crackdown on p2p filesharing, their use of DRM schemes (such as the copy-protected CD's in question), and their public relations FUD are all supposedly motivated by their uncompromising zeal to protect the livelihood of artists.
Really? No foolin'? Well, this is a golden opportunity to show us all that you really meant it. If all of these efforts are about protecting artists, then you would never think to violate a publishing contract over it. Right?
[Silence... A leaf blows by...]
Oh. Well, that's what we all suspected, I guess.
It follows the labels own ideas (Score:5, Insightful)
The irony (Score:2)
technology fails us (Score:4, Funny)
Then if the user wanted WMAs, he could somehow "rip" this audio data into any format he wanted.
Too bad this technology eludes us.
Translation... (Score:3, Insightful)
And no, the big guys will NOT pay the artists more, they'll slip one by or change their contracts or whatever. Money Power.
So, what are we buying anyway? (Score:3, Insightful)
They cannot have it both ways. If they intend to sell us a license, don't we need to see the terms and enter into some sort of contract? (God forbid the EULA for music CD's.)
If they sell us a license, does that not mean we have paid for a given piece of music. If we lose the media, we still have the license right?
If they sell us a copy to enjoy, then we can do what we want with our copy so long as we don't sell it for money. As long as I can give a CD for a christmas gift, I say we are buying copies, not licenses.
Which is it? Want your cake and eat it too?
Re:So much for... (Score:3, Insightful)
Make the product cheap, and people will buy it. Simple.
Re:So much for... (Score:2, Interesting)
I should get free CD's of all my old cassette's, LP's and 8 tracks.
To quote Tommy Lee Jones,
"this means I have to buy the White Album again"
Re:Here's what will happen (Score:2)
Obviously you're An American, here in Australia CDs selling for $30 (and more) are nothing like on the endangered species list.
And no this is not just the "double album" CD sets, either.
Re:Yet another reason to not buy CD's (Score:2, Informative)
So everything is a standard now (Score:5, Informative)
Most digital music players won't touch the things. Sure it is a "standard". But if you stretch the standard like that, the Commodore 64 graphic Koalapad format is a "standard" as well.
And you use it exactly as you would any other format, including MP3.
Except that it will hardly play anywhere compared to MP3, and the files are hard to use due to noxious DRM.
Re:So everything is a standard now (Score:2)
Most digital music players won't touch the things"
Likewise most digital music players won't touch .ogg either, but that doesn't mean .ogg isn't a standard (nor does it mean .aac isn't a standard either).
Re:So everything is a standard now (Score:3, Informative)
Incorrect--you've confused dollar sales with unit sales. Apple has about 30% of the units, but because iPods on average cost more than other players, they have more than half of the dollar value of the market.
Re:Are you sure? (Score:3, Informative)
Ipod is the #1 selling HDD based MP3 player,
Apple has a 31% share of the portable MP3 player market in terms of units sold [bbc.co.uk]
Re:Yet another reason to not buy CD's (Score:2)
Re:Yet another reason to not buy CD's (Score:2)
I always considered WMA to be proprietary.
Re:Can't they just claim... (Score:3, Insightful)