Tension Between Record Labels And Digital Radio 329
An anonymous reader writes "Now that digtial radio devices are allowing recording of shows, you knew it wouldn't be long before music executives started raising a fuss. They're worried that users will prefer to record the high-quality audio (for free) to buying a download or CD." From the article: "For now, the Recording Industry Association of America is in negotiations with satellite radio companies and is opening discussions with radio broadcasters over specific products. But over the long term, the music industry says, Congress should find a way to regulate these new digital radio networks so labels can get paid when consumers keep copies of songs, as is the case with iTunes."
Fair use? (Score:5, Insightful)
Isn't it considered "fair use" to record a broadcast for personal use? This is exactly like someone recording a TV show with their VCR. Nor is it any different then hooking up a radio to a tape recorder and recording favorite music. I guess the RIAA bigwigs fear anything that makes it "convenient" to record a broadcast.
In light of that, I sure hope they don't start pushing Congress to put DRM chips in every audio recording device out there like MPAA's anti-"analog hole" chip push. [slashdot.org]
Re:Fair use? (Score:5, Insightful)
"Fair use" is based on the ol' Supreme Court Betamax decision. Unless and until you're able to find a constitutional basis for "fair use," however, Congress can pass a law overturning the court decision. Basically, the court saying "It's not against the law" leaves the door open for Congress to change what the law says.
Re:Fair use? (Score:5, Informative)
Re:Fair use? (Score:5, Interesting)
The fly in the oinment is that the above required the power to grant copyright be included in the Constitution itself, using what are, perhaps, the most vauge terms in the entire document.
Thus the court was recently given to the opinion that while it held certain sympathies with those who feel the term of copyright is now far in excess of what the founders would have found tolerable, nontheless the Constitution effectively gives Congress the right to set such term at anything less than forever, since it simply says "limited time."
Welcome to the Brave New World of "limited" meaning "forever and all encompassing minus one."
KFG
Re:Fair use? (Score:2)
I wonder where our current creative interpretation that copyright trumps the 1st amendment came from?
PS: The most vague and stretched term in the constitution + amendments would have to be the Elastic Clause. Copyright is a close contender though.
Re:Fair use? (Score:2, Insightful)
Follow the money.
KFG
Re:Fair use? (Score:3, Informative)
Looking at the examples of other repealed content in the Constitution, the First would either have to rewrite the offending content entirely (as was done with the Eleventh Amendment, the second section of the Fourteenth Amendment and the Seventeenth Amendment), or include explicit words like "is hereby repealed" (Twenty-First Amendment). Unless or until there's a new amendment that says something like "Th
Re:Fair use? (Score:3, Interesting)
Re:Fair use? (Score:3, Interesting)
One example I can think off right away is Disney's WWII propaganda films. They're illegal to copy due to copyright (WWII wasn't that long age) and Disney refuses to sell new copies, yet they're very important in the study of racism, US history, fascism, and corporate-government relationships - all quite relevant to today's political discourse.
Another is that documentaries must get copyright clearance if so little as a TV i
Re:Fair use? (Score:4, Insightful)
The documentry issue as well as the others have an exception to the copyright clause in some cases. But as you stated it probably is a hassle to use those exceptions. Still i'm not seeing the link between your free speech rights and the use of someone elses materials or content.
I belive that educational use in copyright law allow for material to be used in an educational form. The study of racism, etc, should be covered by that if you can find an existing copy. I'm not sure if the first amendment would compell someone to copy somethign just so you could review it though. Of course this is my opinion from reading it directly and not taking into acount for any interpretations that may exist.
Re:Fair use? (Score:3, Insightful)
Virtually noone watches those films for pleasure. Today, they
Re:Fair use? (Score:3, Interesting)
No independent, arbitrary number will work in the long run. They will all be replaced by newer, bigger independent an
Re:Fair use? (Score:3, Insightful)
Re:Fair use? (Score:2)
That is not exactly what the 9th amendment says. To quote:
In other words, just because the right isn't stated, it isn't necessarily denied. Many people confuse privileges and rights, and call their favourite privileges "rights". (Another wide tangent is to point out th
Re:Fair use? (Score:2)
Re:Fair use? (Score:5, Informative)
"They're worried that users will prefer to record the high-quality audio (for free) to buying a download or CD."
And on Wikipedia, for XM satellite radio, the only one I checked, it says:
"Due to lack of bandwidth and too many channels, the maximum bitrate XM broadcast from its satellite per music channel is limited to 64kbs."
Therefore, this is all B.S. since 64 kbps is not generally considered to be high-quality.
Re: (Score:2)
Re:Fair use? (Score:3, Insightful)
Re:Fair use? (Score:3, Insightful)
Re:Fair use? (Score:3, Insightful)
If I swipe your lawnmower and sell it to your neighbor, does he get to keep it because he paid for it?
Re:Fair use? (Score:5, Interesting)
If I swipe your lawnmower and sell it to your neighbor, does he get to keep it because he paid for it?
If I copy your lawnmower and sell it to your neighbor, does he get to keep it because he paid for it?
Re:Fair use? (Score:3, Insightful)
Re:Fair use? (Score:5, Funny)
How the hell did you copy a lawnmower?
With a hacked Xerox. I also managed to put it inside itself, and now I have two.
Re:Fair use? (Score:2)
Re:Fair use? (Score:4, Informative)
The ruling that recording "broadcast" TV constitutes fair use however dates to Betamax.
In other words, fair use isn't going anywhere, but the current statute defines it more broadly than the courts require under freedom of speech/press.
Re:Fair use? (Score:2)
Partially correct (Score:3, Informative)
In modern, U.S. law, it didn't actually grow out of Betamax (you're thinking of the time-shifting finding) - it gained a statutory definition in the Copyright Act of 1976, and was recognized com
Re:Fair use? (Score:2)
Re:Fair use? (Score:2)
the difference between than and now is that our government representatives are, more than ever, reliant upon campaign contributions, what with the increased need for exposure which costs $$$, and seemingly more corruptable. therefore, they are more likely to enact legislation that goes against t
Re:Fair use? (Score:4, Interesting)
Yet, "XM Satellite Radio pulled a PC-based radio receiver from the market last year over music-copying concerns, and the company says none of its devices can now be used to transfer and store content on a computer. XM says it is happy to continue talking to the record industry about its products."
I don't get this; how can the RIAA prevent companies from selling recording devices if these devices are fully legal? Are people getting so accustomed to the recording industry buying legislation that it's safest to do what the RIAA says, or the risk is too great that it will become illegal before you've made enough money to recoup your investment?
Re:Fair use? (Score:2)
Re:Fair use? (Score:3, Informative)
Sure it is, as long as the broadcaster is paying an analogous amount to the copyright holder for the right to broadcast the material in each case. I don't know if that's true here or not, but it seems to me that this is exactly what copyright is for: the copyright holder can force the broadcaster to pay them an amount commensurate with what they think they'll lose in ind
Bad distributor. No donut! (Score:5, Insightful)
You know, we need to take a step back. The parties the RIAA represents are distributors. Many industries have distributors - people that help match buyers with sellers and add expense to the process. Distribution as a viable business often emerges when it is difficult to put the buyer and seller directly together. It dies when new technologies develop that make this easy.
Consider Geico. They sell insurance directly to consumers, bypassing agents. Their model is to cut out the middleman and save the 15-20% overhead associated with distribution, keeping much of that and giving enough of that savings to the consumer to have a competitive advantage.
Should an angry army of insurance agents band, form a trade association, restrain trade, intimidate consumers and fight progress? That'd be absurd. A good friend of mine owns an insurance agency and he's found the way to compete is not suing his customers, but rather proving higher levels of service. He actually saved me 15% off of Geico which I was previously with, and provides me with a lot of expertise and attention in my insurance policies I never got with the direct model. Insurance is actually a market where knowledge is valuable and many consumers will pay a bit more to benefit from it.
Dell has cut out the middleman too. Do you see Best Buy suing all of us for going direct? Of course not. Compete or die. Countless other industries have gone between the flux of direct and distribution. The science comes down to this: When you add value to the consumer that exceeds the additional cost through the distribution process, the consumer will naturally buy through distribution. If you don't add more value than cost, they will bypass you.
The recording industry is cranking out tired artists, relying on a model of selecting a limited set of musicians and "putting lipstick on the pig" through aggressive marketing to sell the stuff. Worse yet, their distribution adds exceptional cost - more than double the original cost that goes to the artist (most of the cost to the consumer is to the distributor - this is a hint that the process is out of control), yet their product is less convenient to the consumer than the direct option. They're adding cost and inconvenience, not any added service. Unfortunately the distribution/direct paradigm has shifted due to technology and they're adding cost with no value. Excluding anticompetitive practices, litigation and legislation based on gifts to corrupt politicians, they will die... unless they can provide value once again that exceeds the cost they add to the product.
*scoove*
Stop fighting technology and USE IT (Score:3, Insightful)
Re:Stop fighting technology and USE IT (Score:5, Funny)
Re:Stop fighting technology and USE IT (Score:2)
Re:Stop fighting technology and USE IT (Score:2)
Half Arguments (Score:2)
People recording the broadcasts undermine the broadcasters as well as the recording artists. There really is not a conflict between recor
Re:Stop fighting technology and USE IT (Score:3, Interesting)
Recording equiptment and mixing software is cheap enough (some is completely free) that actually producing a good recording doesn't have to cost what used to, and an artist can sell music directly to their fans now, without even the need for a retail presence.
So basically the problem is that, if they did use the technology in the way that in inevitably will be used, it essentially makes their business cease to exist.
Re:Stop fighting technology and USE IT (Score:2)
No, they merely believe a lot of people would be willing to pay for sounds produced by 50 Cent. If no one wanted it, there wouldn't be a "it should be free" argument - no one would want it, free or not.
To me, since they can push the crap that 50 Cent records, it proves they are excellent business people - I would have no idea how to convince people to buy it.
Nothing new here. (Score:2)
Re:Nothing new here. (Score:4, Insightful)
Re:Nothing new here. (Score:2)
I subscribe to XM radio to be able to listen to commercial free music in my car and also now over our Direc TV system. Any XM subscriber can also listen via the Internet for nothing extra. Radio has been recordable for decades. So why should the recording companies suddenly worry now? When I hear a new song or exceptional performance over XM, I make a note of that and then look for a CD on Amazon that has that piece. If there are other selection on that
Haven't you bought it already... (Score:4, Insightful)
Re: (Score:2, Funny)
Here We Go Again (Score:2)
Ok, I'm no expert on this but I think internet radio has been around for a while. A long while. This isn't some new thing that's suddenly hitting the nation. Satellite radio has also been around for years but, yes, not until now has it become mainstream.
Color me a flamer but I think
solution in search of a problem (Score:2, Informative)
Re:solution in search of a problem (Score:2, Funny)
No, no, no (Score:2)
Re:solution in search of a problem (Score:2)
Also, are you sure that the weakness is in XM and not the sound system itself?
Re:solution in search of a problem (Score:3, Interesting)
Re:solution in search of a problem (Score:2)
Say what? (Score:5, Insightful)
So they want to be paid by both the broadcasters and the listeners? Paid twice for the same product? If that's the case, will the RIAA be charging broadcasters less money for broadcasting songs with the metaphorical broadcast flag set, or will the prices continue to remain as high as they are even though they'll also be seeing money from recorders?
The US has the best legislature money can buy!
Re:Say what? (Score:2)
Not just twice, they want to be paid by the broadcasters and then the listeners for the "privlage" of recording their content and then paid for every time the listener replays it. And paid by the maunfacturer of the recorder and have a "listening tax"/blank media tax just like the one our friends up in America Jr have to deal with added to the purchase price of the recorder and 99% of the digital and/or sat
The don't allow satellite radio to broadcast it (Score:5, Insightful)
Uh... (Score:5, Informative)
Last I checked it was legal to record off the radio. The AHRA covers this...
The act failed to define "noncommercial use by a consumer" however " In short, the reported legislation [Section 1008] would clearly establish that consumers cannot be sued for making analog or digital audio copies for private noncommercial use." (House Report No. 102-780(I), August 4, 1992) [wikipedia.org].
Although now that I think about it, technically the music industry is getting around this part of the legislation by not going after consumers recording digital media off the radio, but in fact threating to pull out of agreements with digital radio broadcasters if they don't implement this system. This is the kind of shit that gets them investigated by Elliot Spitzer.
its not just radio.. (Score:2, Funny)
Re:its not just radio.. (Score:2)
The answer isn't going to change (Score:4, Interesting)
unimportant (Score:3, Interesting)
What needs to be done is the mainstream media to post..
That's not all (Score:3, Informative)
It doesn't actually accomplish anything, seeing as there's hardly enough of a bit rate for one subchannel besides the main one (as far as music), let alone more than that.
But the reason I bring it up is that people say, "well I can just record it off my FM radio," without realizing that this is coming. The RIAA has already been talking about controls on digital radio to prevent people from doing that stuff there too.
Don't take your FM for granted, the government wants to take that too.
A rather simple solution (Score:2)
Their chunk (Score:2, Insightful)
Already paid by stations (Score:5, Insightful)
Why add another piece of legislature?
I wish I had some mod points... (Score:4, Insightful)
Moreover, I don't think a 64 Kb/s stream from Sirius or XM qualifies as a "high quality recording". From what I've heard it's better than AM radio but worse than FM when it comes to audio quality.
Legal Inconsistencies (Score:4, Informative)
This is ridiculous -- e.g. if I ran IP over a radio frequency, then what? What category am I in?
FTFA:
"Congress has historically come down on the side of the broadcasters in this debate, saying that radio stations can play whatever music they want while paying only a relatively small amount of money to songwriters and publishers for the right to "perform" the song on-air--and not paying record companies at all.
"Similarly, the right of consumers to tape songs off the radio has generally been held to be fair use.
"However, when Congress set the rules for Internet and other digital broadcasts in 1998, it gave record companies the right to royalties from Internet and satellite radio broadcasts. That's set up a patchwork of different rules for different new media companies, even as technology has brought the way consumers use their services more closely together."
How about some common sense here? (Score:3, Insightful)
So you don't think RIAA should have a stranglehold on music distribution? Don't give it to them then! Support local artists, independent songwriters, open-source music! Stop taking the easy way out and expecting others to pay for it.
If all the hype about Ashlee Simpson makes you want her music, you should expect to pay more for it, because hype costs money. If you're sick of the hype, well, don't patronize it. Don't steal RIAA's stuff and fool yourself into thinking that you're taking a moral stand by doing so.
Does this really seem like rocket science to anyone?
Re:How about some common sense here? (Score:4, Insightful)
High quality audio?? have they listened to it? (Score:3, Informative)
Yes it sounds better than FM because of greater dynamic range and no compression (ok many channels have compression now so that is no longer a good point) but it certianly does not sound as good as a CD.
Anyone choosing to record their music from XM or sirius instead of buying the CD to rip or getting a torrent of the whole album recorded as 256kbps VBR mp3's is a nutjob with lots of time to waste as it has to go in realtime.
Now, recording the upcoming howard stern into an mp3 so they can listen to it later, yeah. I can see that and other shows you want to time shift.
But their reasoning as described in the article? that is purely retarted concerns from executives that dont even have the foggiest idea as to what they are talking about.
Congress SHOULD pass a law (Score:5, Insightful)
While they are at it, how about passing a law so that MUSCIANS can get paid when then labels sell their music?
Re:Congress SHOULD pass a law (Score:2)
No law needed. All this is covered in the contract between the label and the artist. Both sides agreed to the terms. If the artists should negotiate the best terms the market allows, and be prepared to shop for bids among different labeles.
Wrong title again :) (Score:2)
From my point of view, it feels so terribly wrong that I even start to doubt claim that greed is that force which moves civilization forward. I would say it is totally oposite - money gives you power and if you use it to do things - that moves us forward. Greed without any borders and reasoning (hint: Microsoft (not Bill personally), **AA, drug
Fuck it (Score:5, Insightful)
So now, I have to pay for radio so I can hear it the way it's meant to be. But I can't even record some songs I like so I can hear them again? What about fair play?
See, it's just not even worth it. You might as well just be buying CDs because you actually get to control some of what you pay for. Control is key because then you can enjoy it when the mood strikes you and not have to work around something just to get your way. I don't care about the difference between buying something and licensing it. If I pay money, I expect SOMEthing to go my way. Anytime the distributors get involved with anything, they want to control it and get me to pay more than I would have for what I thought was fair and enjoy it on my terms. But somehow the distributors get uptight whenever things aren't on their terms. Is that what the artists want? Do they even care?
In the future, will there be such a thing as a commercial format with wide distribution that doesn't restrict the user in some way, preventing them from enjoying it on their terms? It seems to me that there won't, because if a user enjoys something on their terms, distributors can't start charging you when you want to do something else with it that you hadn't intended on at the point of purchase. Say you bought CDs, and after that you bought a portable digital audio jukebox. Naturally you want to put your fucking music on there and carry it around with you, but that won't be possible. This is garbage.
Just preview tracks online, through P2P or whatever, and then buy what you like. Am I really insane for doing this? Fuck the distributors. They're insane.
Re:Fuck it (Score:3, Insightful)
You've been listening to Clear Channel stations far too much... Find an independant radio station on the dial, and you'll find they don't have some automated list of the lowest-common-denominator songs, repeated 15 times every single day.
...Keep the lawsuits rolling (Score:2, Interesting)
No more recording radio (Score:2)
Seriously, I don't see why media companies should be allowed to stop me recording radio transmissions. Sure they have to make money (and my god they make a lot) but I often record radio shows so I can listen to them later. Whats wrong with that?
Papa Heinlein said it best ... in 1939. (Score:5, Interesting)
--RAH, Life Line, 1939
Re:But Uncle Harlan Said it Most Memorably... in 2 (Score:4, Interesting)
Sure, it's wrong to steal an author's work by putting it on the 'net. But on the other hand, that doesn't make it right to lock up entire technologies, economies, and sectors of the public consciousness for centuries. Heinlein's quote is apropos because the music rightsholders are trying to turn back the clock and once again make it practically impossible to copy stuff off the air (as well as simply illegal to do so for redistribution).
But its *not* an annuity (Score:4, Insightful)
But it's not.
I don't have a problem with authors and musicians making a living on their works, but I don't see where copyright was meant to be an annuity down through the generations.
At best, copyright was meant to give a person enough to encourage them to be more creative because it allows them the means to live and work as a creative person. We all benefit.
But what benefit is there to society that Elvis's daughter makes money from his songs? I don't mean that in the socialist sense, I simply mean that copyright is not a natural law. Its a device of law that people decided society was better off giving authors a limited monopoly to prevent unauthorized copying. Therefore, you can't make the argument that there is somehow a natural law that establishes ownership of a creative work for all time.
Ummm, wha? (Score:2)
I seriously doubt the music industry is losing penny one on this, since their bulk profits per CD amount to the crap nobody wants to play on the rad
What's the difference (Score:5, Interesting)
Hello? AHRA? (Score:2)
So that the "labels" get paid? (Score:5, Funny)
What nonsense. Utter nonsense (Score:5, Interesting)
Neither Sirius nor XM broadcast in anything approaching CD quality. At best, some of the stations are broadcast in what is equal to 128kb/s mp3 or aac. Most channels are roughly FM quality.
Second, the fact that this is broadcast digitally is irrelevant; there is no access to the digital stream, so by the time you can record the music, it's already analog. Therefore, this is really nothing more than recording radio.
Can you make digital copies of this analog stream (re-read my last paragraph)? Yes. But then, you can do that with FM radio as well.
Let's be clear about this. THERE IS NO DIFFERENCE BETWEEN ANALOG AND SATELLITE RADIO EXCEPT THAT FOR NOW THE MUSIC CHANNELS DON'T HAVE COMMERCIALS.
The RIAA appears to be using the words "digital" in a way to evoke fear of piracy. It's so transparent that you'd have to be really naive to believe anything about the RIAA's position.
Re:What nonsense. Utter nonsense (Score:3, Informative)
What really scares the RIAA (Score:3, Interesting)
Soon, there's this little box on your belt....
This is completely legal under the Audio Home Recording Act. The RIAA gets nothing for it. They can't even stop radio stations from broadcasting the music. Not even with DRM; broadcast radio stations have the right to crack DRM. (That's actually in the DMCA.)
That's what scares the RIAA.
Re:Matter of time (Score:2)
Re:Matter of time (Score:2)
Re:Matter of time (Score:2)
Already an option - anyone that wants to can refuse to purchase music and still be perfectly legal by any definition out there. If some artist or label demands payment, simply don't accept their terms and don't listen to their music.
If the market truly demands free music, then exactly what you are saying will happen: no revenue will drive those artists and labels out of business, leaving only the ones that don't charge for their music. Even if there is a
Re:Matter of time (Score:2)
Re:Matter of time (Score:3, Funny)
Sucks to be a Musician, Then (Score:2)
Re:Matter of time (Score:2)
And then no one will want to make music because if its free, they don't get paid.
---pulls out a couple of spoons from the kitchen drawer and starts banging on the table
"RATATATTATRATATATTAT"
There you go, take it and do what you want with it.
Re:Matter of time (Score:3, Informative)
http://harveydanger.com/downloads/ [harveydanger.com]
I had no idea who they were before I downloaded their free album, and now I have developed a bit of a liking for some of their songs, so I would consider buying the other albums or seeing them in concert.
Re:Matter of time (Score:2)
I thought artists already work essentially for free to the benefit of labels, so how would this be any different? The worst case scenario would be that being an artist would no longer be a viable full-time job, but there is always people willing to support talented artists financially. If you're worried about the labels, and their infrastructure, don't. Useful people (sound engineers and whatnot) will always find employment
Re:That's technology for ya (Score:3, Insightful)
Re:That's technology for ya (Score:2)
A right that can be lost or removed simply because it is inconvenient to some group or organization isn't really a right. The problem is that many of our long-established "rights" are in the process of, or have already been, redefined as privileges. And privileges can be revoked.
The fact that such redefinition is illegal under the Constitution doesn't seem to bother too many people in our various governments, which is troublesome. Doesn
Re:That's technology for ya (Score:3, Insightful)
Canada? With a weaker constitution (Score:2)
U.S.: You can buy all the healthcare you can afford. If you're poor, you're SOL.
Canada: It is illegal for you to buy healthcare that the government says it provides "for free" even though the Supreme Court has ruled otherwise. Whether rich (unless you leave the country) or poor, you'll wait forever and this are also SOL.
Some might argue that Canada is less oppressive than the U.S. However, this is a detail of timing only. The reason that the Supreme Court can be effectively rendered impotent is
Re:This has happened before. (Score:2)
That is the "Boy That Cried Wolf!" argument. But I take another view of that story: the third time, there really was a wolf, and the boy was killed and the sheep were eaten, hurting the townspeople.
I don't know whether or not new technology will destroy the recording industry, but it isn't logical to say "because they were wrong before about being killed," they are wrong now.
The first commercial transatlantic passenger route was inaugurated