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Music Industry's Greed Affects Every U.S. Household
May 01, 2006
The average person has probably heard about the law suit against Napster in 2002, when musicians and music labels decided their copyrights were being infringed upon, and subsequently were not being paid what they were entitled to, and decided to put a stop to it. Many new laws and requirements have arisen since the law suit against Napster, aimed at ensuring that those who create and own the copyrights to music get all thats coming to them. What extent will the music industry go to, however, to ensure that they have all thats coming to them and what exactly do they have coming to them? What the music industry believes is fair compensation may differ from what the average person believes the music industry justly deserves.SoundExchange is a nonprofit organization that the average person on the streets probably hasnt heard of. The SoundExchange board of directors is made up of representatives of the music industry such as music labels, artists, and copyright owners. SoundExchange has been assigned the task by the U.S.

Copyright office to collect fees and royalties from digital content providers and distribute them to those who are entitled to receive the funds. Digital content providers are such things as Napster, Apple iTunes, Internet radio stations, XM and SIRIUS satellite radio services, to name a few. If a song is played somewhere, then the musician, music label, and anyone else who has a stake in the song, is entitled to receive compensation from whomever plays it- each and every time the song is played. AM and FM broadcasters are also subject to paying royalties for the music their stations play, but are not involved with SoundExchange. Long gone are the days when a broadcaster, on the internet or otherwise, could play music that their listeners appreciate without giving a kickback to those whose music they are actually promoting and giving exposure to.On the SoundExchange website listed with the information about licensing, copyright laws, rates broadcasters must pay, and royalties, is a question for each individual living in the United States:Q: I'm interested in creating a custom CD to give out at an upcoming function (e.g., wedding, prom, corporate promotional event).

I'm not planning to charge for copies of the CD. Do I have to obtain permission from anyone to create the CDs? If so, from whom do I get it and how do I go about getting the permissions?A: In order to create a compilation CD, two sets of licenses (detailed below) are required. However, SoundExchange is not in a position to grant either type of license.The two licenses that SoundExchange directs an individual making a CD for the prom include a Master Use License and Mechanical Use License. The information SoundExchange provides sites Section 115 of the Copyright Act, directs you on how to obtain permission to create this CD, and lets you know you will probably be required to pay royalties to the musicians and music labels. Of course, you will not be required to do any of this if your recordings are in the public domain, but the astute representatives of the music industry that govern SoundExchange make the assumption that, it is unlikely (though remotely possible) that any of the sound recordings you will be using are in the public domain. Unless youre pulling out your grandmothers, or even great grandmothers old 72s, SoundExchanges assumption about your material not being in the public domain is probably true.

The point is, if you are making a compilation CD for the guests of a prom or wedding, the representatives of the music industry want you to know that they expect all they have coming to them from you too, for each and every CD you burn. If this were a simple scare tactic to ward off would-be pirates of music, why not just mention the subject instead of addressing what the average law abiding person might do? Because musicians, music labels, and everyone else involved in the industry expects to receive compensation from each and every one of us, from every household in America, for every little thing we do with regards to music.According to RAIN (Radio And Internet Newsletter) the Washington Post reported that a Bill introduced this month by Senators Dianne Feinstein (D-Cal.) and Lindsey Graham (R-S.C.) dubbed the PERFORM Act (S. 2644) will punish Satellite Radio Services such as XM and SIRIUS for offering its subscribers devices capable of recording their broadcasts. According to RAIN the Bill also has a provision for Internet radio broadcasters to use Digital Rights Management (DRM) streaming formats instead of the seemingly universal .mp3 stream. This Bill is aimed at preventing listeners from recording any digital media broadcasted.

The music industry is poised to prevent the American household from recording, copying, and storing digital media in the form of convenient .mp3 files and they are getting a helping hand from the U.S. Government. After all, the music industry is big business, and big business will always lobby the government to have laws written in their favor. Soon, American households will lose the ability to record, copy, and store digital music and/or will be giving the musicians, music labels, copyright owners, and other stake-holders their fair and just compensation- whether Americans like it or not.Musicians, music labels, and everyone else in the music industry works hard and deserves to be paid for what they do. To have a hand in the pocketbook of every household or control what they can and can't do on their own devices, to exert influence and squeeze money from businesses and broadcasters, to lobby congress to "protect rights" blown out of proportion rather than being worried about piracy, just to make even more money is nothing less than greed in its worst form.About The Author:Brian Douthit is the owner/station manager of Eyes Of The Poet Radio and Eyes Of The Poet Radio Podcast.

Eyes Of The Poet Radio broadcasts as a free-to-listen Internet radio station that plays music and audio poetry from artists who submit their material to the station for broadcast. Material is submitted through various submission sources or directly to the station and is broadcasted in the Windows Media Codec (.wma). Eyes Of The Poet Radio also broadcasts on Live365 in streaming .mp3 and plays independent as well as well-known artists. Eyes Of The Poet Radio, Eyes Of The Poet Radio Podcast, and Eyes Of The Poet Radio Live365, is in full compliance with all copyright laws of the United States and statutory license requirements.Eyes Of The Poet Radio can be found at http://www.perfectlysaid.com/radio.html.



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