Lady Gaga Says No Problem If People Download Her Music; The Money Is In Touring
from the the-business-model-of-today dept
Earlier this year, we wrote about how Lady Gaga had leveraged free music as a huge part of building up her popularity, and turned that into money via sellout tours and corporate sponsorship. However, most of that article focused on "legal" free music -- such as the songs her label had put up on MySpace and YouTube and elsewhere. But what about the unauthorized kinds? Well, in a wide-ranging (and really quite fascinating) interview that Lady Gaga did with the Times Online in the UK (check it out before they put up the paywall), Lady Gaga admits she's fine with people downloading her music in unauthorized forms because she makes it up in touring revenue:She explains she doesn't mind about people downloading her music for free, "because you know how much you can earn off touring, right? Big artists can make anywhere from $40 million [£28 million] for one cycle of two years' touring. Giant artists make upwards of $100 million. Make music -- then tour. It's just the way it is today."Similarly, she knocks bands that don't really try to work hard to please the fans, and who just expect them to automatically buy each album:
"I hate big acts that just throw an album out against the wall, like 'BUY IT! F*** YOU!' It's mean to fans. You should go out and tour it to your fans in India, Japan, the UK. I don't believe in how the music industry is today. I believe in how it was in 1982."Like Mariah Carey, it looks like Lady Gaga has realized that this concept of Connect with Fans and giving them a Reason to Buy works at the superstar level just as much as it does down at the indie artist level. The specifics of implementing a business model around the concept are very, very different -- but the core concept remains the same. Treat your fans right, learn to leverage what's infinite to make something scarce more valuable, and then sell the scarcity.
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Filed Under: business models, economics, free, lady gaga, music
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Re:
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Greetings from Chile.
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Re:
Maybe there is more to her than that.
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Mike , Point of Information.
I am just exherting free choice of Artistic Complete Legal Control over my COPYRIGHTED ART.
So is Miss GaGa.
Offered as a Point of Information.
Mike you now have the floor, sir.
-------------
Free to record music: http://www.myspace.com/radamhalperin
Pay to download:
http://amiestreet.com/music/rahalperin/rahalperin/
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Re: Re: Re:
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Re: Mike , Point of Information.
1) what is the difference between recording something that you are listening to/streaming online, and downloading a copy?
2) Do you realize that your control over your copyrighted art is limited, not complete?
3) How do you feel about situations where someone is denied access to music they have legally purchased?
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Point of Information.
Ans: I figure if someone wants to take the trouble to record -- G-D Bless them !! Thank You.
2) Do you realize that your control over your copyrighted art is limited, not complete?
Ans: No. ( I know what I am saying , it is not meant to put you off.)
3) How do you feel about situations where someone is denied access to music they have legally purchased?
ANS: Example please. but it sounds bad at first bite.
But I can put a limtited time on your use.
I do have the right to withdraw my art,
and say you can no longer use it , if 1st stated by me before purchase , and agreed to by that purchase.
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1) what is the difference between recording something that you are listening to/streaming online, and downloading a copy?
For Higher Quality .Wav ---
you gotta pay me.
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Re: Re:Actually she is a seriously good musician. ! Of Course !!
I dig it.
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Re: Re: Re: Re:
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Re: 1) what is the difference between recording something that you are listening to/streaming online, and downloading a copy?
I was an Artistic choice not to post an "excerpt". of the song[s].
I felt the songs should be heard Whole and complete -- even down to the last reverb when i posted them @ MySpace.
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Re: Point of Information.
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There was nothing obligating her to call up and chat with this eleven-year-old kid. The boy had recorded a YouTube video of himself performing one of her songs, and the video, as they say, went viral and was seen by millions of people. Instead of suing the little boy or ordering her record label to issue a DMCA takedown notice, she seemed genuinely flattered, and she told him she liked the video.
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Re: Mike , Point of Information.
So, yeah, it's not surprising that she doesn't mind unauthorized downloading--she's not the one who's getting hurt the most and is probably profiting from increase tour proceeds
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Re:
Hmmmm. It did seem to move fairly quickly, even for the internet.
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Re: Point of Information.
2) What about Fair Use? Doesn't that limit what control you have?
3) Say I bought a CD with your music. For the sake of simplicity, lets say I bought it in the normal fashion, and without any special 'limited time', or 'right to withdraw' clauses in the contract of sale. Say the CD Broke, got scratched, or was somehow otherwise damaged. To rectify this, I download your music, and burn a new CD, to replace the broken one. Do you think this should be allowed?
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ans : no I said agreed tp before purchase. Read carefully brefore tou click here of before downloading my song. I can say LIMITED USe. Software does it all the time. Free to use for 30 days , after you got to buy or give back.
You need to learn to give people a reason to buy, not rent.
ans : Again my choice. You can and often do rent art. Song used in adv for example. It is not lifetime use , if you use my song in a an adv.
By the way how much are you giving the Beatles from licensing Revolution (free download no less).
ANS: The key word is FREE. If I have been charging $$, paul and Yoko could Sue me.
. I have been meaning to write Paul, Yoko, Oliva and Ringo about that, and get permission, but I am too busy here.
But I once played "I shall Be Released" for Rick Danko , many moons ago, in a bar gig of mine .
Rick did not ask for his 25 cents.
He instead gave a fist pump , went "whooo-- whooo", and drank some more beer.
You did legally license it right? Oh yeah, 10 years have gone by, how about putting up some new music.
ans: see above
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cleare : re Beatles Revolution
ans : no I said agreed tp before purchase. Read carefully before you click here OR before downloading my song. I can say LIMITED USe.
Software does it all the time. Free to use for 30 days , after you got to buy or give back.
=====================
You need to learn to give people a reason to buy, not rent.
ans : Again my choice. You can and often do rent art. Song used in adv for example. It is not lifetime use , if you use my song in a an adv.
===============================
By the way how much are you giving the Beatles from licensing Revolution (free download no less).
ANS: The key word is FREE. If I have been charging $$, paul and Yoko could Sue me.
I have been meaning to write Paul, Yoko, Oliva and Ringo about that, and get permission, but I am too busy here.
But I once played "I shall Be Released" for Rick Danko , many moons ago, in a bar gig of mine .
Rick did not ask for his 25 cents.
He instead gave a fist pump , went "whooo-- whooo", and drank some more beer.
===============================================
You did legally license it right? Oh yeah, 10 years have gone by, how about putting up some new music.
ans: see above
==============================
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Major label behind it
So if there was ever an example of the major label system working, it is Gaga.
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Re: Re: Point of Information.2) What about Fair Use? Doesn't that limit what control you have?
If you got a ?? for me ,, can you hold til this evening ?
,, I will be back .
Post ,, but I will not reply for a while ,
, A little overload ,,
Mike's not paying me to be here .
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Re: Re: Mike , Point of Information.
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Re: cleare : re Beatles Revolution
Or does the artists complete control over anything and everything that people do with their works not really matter to you, unlike what you keep stating.
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Re: Major label behind it
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1) she only just started out doing major tours recently. her first 'arena' show was in november 2009, so she hasnt done a full tour cycle yet. however, she is already going back to the same cities for a second time, as she appears to be hot in certain areas.
2) her tour is so expensive to put on, that it spent much of its time in the red. http://www.gigwise.com/news/54033/Lady-Gaga%27s-Monster-Ball-Tour-%27Makes-4million-Loss%27
3) her music is disposible, what you would refer to as the absolute worse of the label system pap. dont get confused by anything she says, she is just another major label act with plenty of corporate money behind her to get here where she is. without it, she would probably still be a stripper.
so she isnt all that, sorry mike!
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Re: Major label behind it
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Even she knows!!!
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Re:
Downloading now.
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Re: cleare : re Beatles Revolution
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last line
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It's entirely possible it was a set-up.
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Re: Re: cleare : re Beatles Revolution / It's irrelevant whether you're giving it away for free, they could still sue you.
Very True.
I was hoping to trick Paul into to coming to my house to get his quarter.
REally !!!!!!
Any time Paul. I can even leave in the mailbox for you.
---
But if it becaume every serious money or publicity I got for my cover -- Paul & Yoko --(Love ya' guys!)--- get $$$.
( Or really who ever owns it now ,, I am confused ,, is not the M.J. estate anymore?? Is it ? He went bankrupt.
Where do I send my 25 cents ,, some one please tell me !!?!?! )
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Re: Re: cleare : re Beatles Revolution// So I could purchase your download, and then give it away to everyone for free, and that's okay?
NO .
If you record or purchase you CANNOT make copies to give or sale w/o me saying so in writing , signed by me & creepy lawyer types.
It is at my choosing when and to whom to apply that RIGHT.
I can let you , but not someone else. Depends on the use.
A donation to a charity for example.
Artist donate art for charity auction et, al.,,, all the time ,,, & musicans Albums , and performances.
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Re: Point of Information.
Rick did not ask for his 25 cents.
He instead gave a fist pump , went "whooo-- whooo", and drank some more beer."
Danko had no right to your 25 cents since the song was written by Bob Dylan.
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Re: Re:we should respect the artist's wishes.
always. with or w/o law. It is natural.
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Re: Mike , Point of Information.
Keep in mind, your control over your "art" is limited to the rights provided by law. The only way to hold "complete" control over your art is to keep it to yourself -- locked away where no one even knows it exists.
Once you make it available to the public -- for rent, purchase, or whatever -- your rights are limited to those provided by law.
I applaud you for at least providing some access to your music, however your choice of wording compelled me to comment.
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Re: Re: Re: Point of Information.2) What about Fair Use? Doesn't that limit what control you have?
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Re: Re: Point of Information.// Danko had no right to your 25 cents since the song was written by Bob Dylan.
Rick was good friens with my mentor Kenny Gwynn, so I got to chill with Rick a few times. May he rest in Peace. Great guy1
it was a fair example
And Rick did sing "I shall be .." on the BANDs 1st album,--- ( a nickel if you know the title of the Ablum , w/o googleing)---- SO from an artist perspective , that made me sweat. Rick siting there ,, and I am at the time , only six months into my public performing carreer.
BTW :"released" was writen by Bob AND late Richard Munual the keyboard/piano player for the Band.
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Re: Re: Re: cleare : re Beatles Revolution / It's irrelevant whether you're giving it away for free, they could still sue you.
This is what all of those collection societies are for. You know, the ones with the initials. You pay them so you don't have to figure out who owns the rights to this particular song.
Compulsory licensing means that you don't have to ask permission, but until you've paid for the right to record and distribute a song written by someone else (regardless of free vs. profit) you are infringing.
What's your opinion of file-sharing, again?
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Re: Re: Point of Information.
Ans: For ME and my artisitc choice it is. It it like the fruit stand leaving out a few apples , for the homeless to "steal"
You want or need my art that much,, G-D bless you. Please come to gig to.
AND you can record the MP3 for free @ myspace
Download the orginal file Mp3 encoded with what ever i want , from the lyric to malware [sic] --for PAY @ amiestreet.
Or you could buy the CD from me.
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Q; And that the extra effort must be put up by your fans?
All six of them. Again my Art . MY UNIVIERSE. You want it MY rules. Copyright Law. It is natural.
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2) What about Fair Use? Doesn't that limit what control you have?
Ans: Fair use is fair . But Fair use is only a quote or and excerpt,, or for educational purpose in limited circumstances. there may be other legal examples too.
===========================================
3) Say I bought a CD with your music. For the sake of simplicity, lets say I bought it in the normal fashion, and without any special 'limited time', or 'right to withdraw' clauses in the contract of sale. Say the CD Broke, got scratched, or was somehow otherwise damaged. To rectify this, I download your music, and burn a new CD, to replace the broken one. Do you think this should be allowed?
ans:
as i pointed out in the lyric thread last week:
I own the Art. you own the physical meduim. You sratch the CD , tough.
-----
in 1970 we bought Abby road on Vinyl.
in 1976 we bought the tape , because it vinyl wore out after 6930 plays.
Then the tape got eaten in the Deck ,
So I bought the tape several more times ,
Till the CDs cam out in the 1990s.
Bought that. ( I think you see where I am going )
Then the Beatles released re-mastered the CDs , thus leaving the earlier CDs useless to my audio file brain.
AND soon we will by the repressed vinyl of Abby Road Again.
(Still want that 25 cents Paul for my cover of Revolution ?)
AND AGAIN in 10-15 years we will , G-D willing , we will buy a mini analog disc of Abby Road , for our nano-tech-mini-analog- music player.
(MAMuPs)
=========
I need a ciggertte. ( please no comments on that , I get it from Mom all the time. It hand rolled organic tobbacco)
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I download your music, and burn a new CD, to replace the broken one. Do you think this should be allowed?
Ask my lawyer.
but my ans. No . you break the pysical medim you bought from the RECORD COMPANY,, you by another.
Remember you are not just cheating the Recording artist and /or song writer,, but the Label , the producers , engineers, Visual Artists fo the record sleeve, the record store ,, to whole Music economy and their familes.
Every body knows that Rome fell because of Pirates --on land or at sea!!!! -- or now online.
Don't be a Pirate , be a legal sailor.
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I'm just here for my personal enjoyment.// but quite honestly , it that much fun.
I am here because i feel strong about Piracy and copyright law. and techdirt readers are mostly pirates (--- oooooohh , i here it now ,, but if the earbud fits -- wear it !! ---)
And I figured why not argue copyright law in the Pirates den.
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Re: I'm just here for my personal enjoyment.// but quite honestly , it that much fun.
======
{wheres my ciggie?}
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What's your opinion of file-sharing, again?
That is why my file cabinet is locked. ( I also keep my booze in there. don;t want to boss or the cleaning crew to get it .)
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Re: Re: Re: cleare : re Beatles Revolution// So I could purchase your download, and then give it away to everyone for free, and that's okay?
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The main difference would be that Lady Gaga almost certainly doesn't own the copyright in her recordings
Ans: I doubt that .
I would bet She made the decission on the song use , and it was hers to make alone .
THE point is also irrelevant to our dissussion as I see it-- but pleaee point out my mistake there if you see it .
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Re: Re: Mike , Point of Information.
ans: I believe the law -- as it stand now in the USA--gives me 100% control , except fair use which is fair.
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This is what all of those collection societies are for.
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But you just said that it's okay for you to give away the Beatles' music, because you're not charging for it. So why can't I do that with your copyrighted material?
If there is no $$ it is academic.
But yes if Paul asked to take my cover of Revolution #1 from my myspace page ,, I will.
MySpace makes this clear when you upload.
( And Paul , I know you lost my phone number,, BUT i am stil getting your emails , for the beatles.com,, but you offer "No Reply" when I write back.)
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Re: Re: Re: Re:Don't forget. Madonna was a consummate businesswoman
But "the Material Girl" learned -- and learned very well --from those who went before her. David Bowie (esp.), Macca, Bob Dylan , ain't no slouches either .
she also has good copyright lawyers , and controls ALL.
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I applaud you for at least providing some access to your music, however your choice of wording compelled me to comment.
ans: Thank you. Applause is always nice.
"however"
There is always a "but" , or "however" ,,,, I guess that is life on posting boards.
"your choice of wording compelled me to comment."
I did my job.
Pay me. :)
But again , really thank you for the applauds.
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Re: Re: Re:we should respect the artist's wishes.
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Re: The main difference would be that Lady Gaga almost certainly doesn't own the copyright in her recordings
If you sign to a label, you do not own the copyright on your material. Even the biggest artists out there (Beatles, Rolling Stones, U2, etc) don't own the copyrights to their music. They are owned by their record labels. (In the Beatles' case, they are owned by the estate of Michael Jackson.)
There is no question that Lady Gaga does not own the copyrights to her music, either. Perhaps if the rest of the albums on her contract are all mega-hits, she can negotiate with the label for future copyrights in her new contract... but don't bet on it.
It makes sense, because copyrights are publishing rights, and labels are the publishers.
So, A.C. (this one) makes somewhat of a valid point. But - if you accept this point, then you cannot accept that copyright "protects artists," nor that infringement "hurts" them.
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But yes if Paul asked to take my cover of Revolution #1 from my myspace page ,, I will
Quite honestly it is very unlikely this who happen ,, no mater who are the musicians involved -- rich or poor.
Songwriters -- at any level of fame and fortune -- love to see their songs played live and covered on recording. IT is the big kick , that means more than $$.
It is the reason why Art will outlive Money, in Utopia,,, ( -- ain't that right anarchists ?).
-----
as well, , Sometimes it is a good cover of a song , and you like it . And other times -- rarely I'd say -- you think some hack just destroyed the beauty of your song,
======
Money schmomey , between Musicians.
Yes, if the $$ gets big , the vultures,, err -- lawyers,, are there , but if there is little or no $$ , the composing Artist will usually let it slide, and tell his lawyers to feed elsewhere.
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Respect is anything but natural.
I enjoyed this one.
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Kenneth Walter Gwyn Re: Re: Re: Point of Information.// Danko had no right to your 25 cents since the song was written by Bob Dylan.
the Late great: Kenneth Walter Gwyn.
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Re: Re: The main difference would be that Lady Gaga almost certainly doesn't own the copyright in her recordings
by Artist choice yes. But they SOLD THE RIGHTS.
And as Mike knows:
John Fogerty ( ofCCR) v. Fantasy Records -
Supreme Court of the United States.
Argued December 8, 1993.
Decided March 1, 1994.
Full case name, John Fogerty v. Fantasy, Inc. ...
en.wikipedia.org/wiki/Fogerty_v._Fantasy .
Read and get back to me.
But as you will see the SCOTUS said , that even without holding legal copyright J.F. --the ARTIST-- still owns his personal reproduction of that ART for sale even.
Great Legal decision and very IMPORTANT to understanding Artist's natural rights.
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Re: Re: Re: The main difference would be that Lady Gaga almost certainly doesn't own the copyright in her recordings
But Read:
http://en.wikipedia.org/wiki/Fogerty_v._Fantasy
"John Fogerty was the lead singer of the popular rock group Creedence Clearwater Revival.
In 1970, as part of CCR, he wrote "Run Through the Jungle," to which Fantasy, Inc., eventually acquired the exclusive publishing rights.
CCR disbanded in 1972, and Fogerty began a solo career with another music label.
In 1985, Fogerty published "The Old Man Down the Road", which he released on Warner Bros. Records.
Fantasy sued Fogerty for copyright infringement, claiming that "The Old Man Down the Road" was simply "Run Through the Jungle" with new words.
A jury found in favor of Fogerty, ( that is the point !!!!) and he sought attorney's fees as provided by the Copyright Act of 1976, [ which went all the way up to the SCOTUS.]
http://en.wikipedia.org/wiki/Fogerty_v._Fantasy
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Re: Re: Re: The main difference would be that Lady Gaga almost certainly doesn't own the copyright in her recordings
"Sold" is probably not the right word, as copyrights aren't property in the traditional sense. "Relinquished" is better. It is not optional; unless you relinquish your copyright to the label, they can't legally publish your music.
In the case of major labels, none will sign a contract with you unless you relinquish the exclusive rights to your music. And in order to even get to the bargaining stage with the label, you will have to sign a "deal memo." This means that you are legally obliged to eventually sign with that label, and cannot relinquish your copyrights to anyone else, or publish the music yourself.
Minor labels usually operate the same way, but occasionally they will strike a "licensing" deal, meaning they only hold the copyrights for a specified length of time. Occasionally the rights will be non-exclusive, but that's amazingly rare (it usually applies only to licensing in different countries).
This case only had to do with whether the defendant in a copyright infringement suit could sue for legal fees (previously, the answer was no).
Without holding legal copyright, the artist does not have any rights to their art. The copyright is held by the artist by default, until they relinquish it to the publisher. If they're self-published, no rights are transferred... unless that same art was earlier relinquished to the publisher, in which case the artist is committing copyright infringement.
To this day, John Fogerty does not own any rights to "Run Through The Jungle." If he tried to re-release it, he would be committing copyright infringement.
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Re: I'm just here for my personal enjoyment.// but quite honestly , it that much fun.
Just about everyone who owns a computer is a "pirate," whether they know it or not. See e.g. Lily Allen. I'm willing to bet that you are too; you just don't know it yet.
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Re: Re: Major label behind it
The label made a major investment in her, so no, I don't think she would be as visible now solely on her own.
Lady Gaga's Lessons for the Music Business - WSJ.com: "From concerts, including four sold-out nights at Radio City Music Hall this month, a percentage of her take goes to her label, Universal's Interscope Records. The label also gets a cut of her revenue from Polaroid, Este Lauder's MAC and other corporate partners. Does Gaga validate the 360 model for other artists? While she pockets relatively less money on tour, Interscope puts more muscle behind her than it would have in the old days. 'Would she be in the position to play in front of 20,000 people a night if the record company had not put up the marketing dollars?' says Gaga's manager Troy Carter."
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Re:
The kid is signed to Gaga's label. There's a fair amount of speculation that the whole thing has been planned from the beginning and the YouTube video was calculated to launch his career.
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Re: But you just said that it's okay for you to give away the Beatles' music, because you're not charging for it. So why can't I do that with your copyrighted material?
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Re: Re: Re: Major label behind it
she needs to remember that in the end, the record label made her, and she shouldnt crap on their ability to make the money back. her tour isnt likely to bring in as much money as that, as she spends like crazy, buys expensive props, outfits, and the like, and generally runs the show into the red.
i tend to think of her as lady 14:59, because i think the 15 minutes is almost up already.
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To this day, John Fogerty does not own any rights to "Run Through The Jungle.
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To this day, John Fogerty does not own any rights to "Run Through The Jungle.
This is why I see copyright coming out of Natural Law , as artist ownership of created works , EVEN trumps whoever may legally currently own the publishing rights.
For his own use and personal profit ,, the artist cannot give up rights.
AND yes copyRIGHTs are SOLD ,, for $$$ . Just like stock and bonds, that are not the biz itself.
That was the dispute , and it was ruled in J.F.
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Re: To this day, John Fogerty does not own any rights to "Run Through The Jungle.
there was no appeal.
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Re: Re: But you just said that it's okay for you to give away the Beatles' music, because you're not charging for it. So why can't I do that with your copyrighted material?
With permission you can.
Yes I posted my Beatles cover w/o permission , as an artist , paying homage to the Boys -- and to show my musical chops too.
But Paul has yet to contact me. I wish he would. REALLY.
BTW ,, this is a pretty standard poor musician trick ,, make a good cover ,, get the original artist to notice. More than likey if Paul likes it ,, he will help back it w/ his own $$, that is musician culture.
Then if I I make big $$ ,, Paul gets his cut , or M.J.'s kids , or whoever.
HOWEVER:
If non-musician Joe Tobacco ,, gives out free copies of Abbey Road , while standing in front of a Wal-mat ,, for whatever strange anarchist reason he is trying to prove ,,
.., Ringo can beat Joe Tobacco with his drumsticks , in a legal effort detain a criminal till the police come
and put Mr. Tobacco before a judge,
, who will tell J.T. , that it is not right to give out copies Abbey Road w/o asking the Beatles AND the current owner of the song publishing rights --- and Joe Tobacco should stop it and go home--- OR go to jail for a couple of days.
Joe being homeless , opts for Jail.
( c.f an "Oh Henry" story whose name I forgot )
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Re: Re:
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Re: I download your music, and burn a new CD, to replace the broken one. Do you think this should be allowed?
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Re: Re: Re: But you just said that it's okay for you to give away the Beatles' music, because you're not charging for it. So why can't I do that with your copyrighted material?
Remember ,, I admit , technically it is illegal,, but artist -to artist -(- esp,, but with civilians too , also -)-musicians have choice on how to enforce their rights..
Right now being there is no $$ being made by me ,, it ain't even worth a lawyers phone call, as legal fees will dwarf , what is recoverable. This is again part of musician culture..
If i make $$ ,, lawyers will flock in
,, but , I will be VERY HAPPY too.
So will Paul and the gang-- again I love you guys ,,
that why I made the song
I made the song because I LOVE , the boys , John, Paul, George , and Richard Starkey. ( George is my fav, and main man, may G-d always rest his wonderful soul.)
So , no as Paul would say .... ( do I have to say it ??) ,, "Can't Buy Me love".
I need another ciggee.
two actually.
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George is my fav, and main man, may G-d always rest his wonderful soul.)
and Brian Epstien,,
And all late musicians rich or poor.
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Re: Re: Re: But you just said that it's okay for you to give away the Beatles' music, because you're not charging for it. So why can't I do that with your copyrighted material?
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Re: Re: Re: Re: But you just said that it's okay for you to give away the Beatles' music, because you're not charging for it. So why can't I do that with your copyrighted material?
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George is my fav, and main man, may G-d always rest his wonderful soul.)
Paul ,the beatles and M.J.'s have legal right to sue me.
At this time , they choose not to sue me, as I have no $4 for then to recover.
I hope one they they can sue me, but if thete is $$ ,, they do not have to sue,, I give .
----
"I'm an artist."
Cool.
" So that makes it okay for me to give away your music,"
Never w/o my permission. but Clealy I must have knowledge of this "giving away".
If Paul , really knows , and visits my my space page ,, I will quit smoking-- everything.
Because does not know , there is no damage,, but yes what I an doing is Illegal under copyright law. Paul please sue me !!!
PLEAAAASEE. !!
We can settle over coffee. And bring our ukuleles. Paul,,, Please sue me.
http://www.myspace.com/radamhalperin
-------
Now for you.
If you give it away .
If I know and care,
I would weight the situation ,
as it affects my Art.
I may ignore it.
I may ask you to stop.
and if you did not stop ,,
I would call Rufus T. Firefly ,
my lawyer.
------
in hopes that you'll come collect your fee yourself and then give me some money, right?
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Re: George is my fav, and main man, may G-d always rest his wonderful soul.)
right .
but i am not sure
i understand you ,
so officially
no comment
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"in hopes that you'll come collect your fee yourself and then give me some money, right?"
If I understand you ,,
right .
but i am not sure
i understand you ,
so officially
no comment
----------------------
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Re: Re: Re: Re: But you just said that it's okay for you to give away the Beatles' music, because you're not charging for it. So why can't I do that with your copyrighted material?
Bring your ukulele to court. i will bring mine.
http://www.youtube.com/watch?v=bsUkACDSIZY
George Harrison, 'This Song' by popular demand,
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George Harrison & Monty Python -- "The Pirate Song"
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Re: Re:
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George Harrison - Sue Me Sue You Blues
http://www.youtube.com/watch?v=5vXZPztcGaY
miss you george,
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Re: Re: I'm just here for my personal enjoyment.// but quite honestly , it that much fun.
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Re: To this day, John Fogerty does not own any rights to "Run Through The Jungle.
This is 100% wrong.
The courts found that Fogerty's song "The Old Man Down The Road" did not infringe on "Run through the Jungle." In other words, the jury found that they were not the same song.
If any other artist had written "The Old Man Down The Road," they would have won too. It had nothing to do with the fact that Fogerty wrote the first song.
Either way, "Run Through The Jungle" is not controlled by Fogerty. He cannot record it without infringing on copyright, unless he gets permission from Fantasy.
Don't believe me? Read the Supreme Court case:
http://cip.law.ucla.edu/cases/case_fantfogerty.html
Here's an article about the original trial:
http://kwartlerlaw.com/Commentaries/wddyh.html
Emphasis mine.
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Re: Re: Re:
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. I'm willing to bet that you are too; you just don't know it yet.
I hope and pray the lyric site pays royalties off of Any Earnings.
---
If it does , I am at peace
----
If lyric site not paying $$ royalties ,
sent in the Navy ,
an' slay them ol'
Pirates
without
any
mercy.
---------------------
If there are no earnings ,, but the giving away infringes.
SO now the artists maY:
A] post their lyrics online anyway: Bob Dylan
http://www.bobdylan.com/#/songs/hurricane
B} Sue the Lyric Site Directly , or with ASCAP ,BMI ,, Micky Mouse , and who ever.
C} Smoke a cigarette, while he plays Beatles videos at You Tube.
----
If i record , of off you tube.
It is happy-lawyer-land between "You tube" lawyers, and all
other lawyers in the known universe.
If it is up on youtube, I assume it is legally dealt with.
some. how
some way
some where
, by some one
and ones
another , who ,
, all make
a
freak
of a lot more $$$
than I do.
I might watch all of Star Wars 1-6 again tonite ,
another ciggee,, and "I m SoTired"...................................
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Re: Re: I download your music, and burn a new CD, to replace the broken one. Do you think this should be allowed?
( A big risk I am taking here. clearly , with a techdirt poster)
I you would not mind it ,IF it was YOUR livelihood being ripped off , use common sense. Artists tend to be control freaks about their art. Copyright endorses that natural right .
Just as Lovers are too sometimes are control freaks , of honor and not $$ .
"Why you looking at my Girl bub!?!",,......, punch.
-------------------------------------------------
Remember $$ moneys must be direct . If an artist sees a loss of income -- in potential or in reality -- than he gets angry.
Also it is mostly not about $$$
But control.
The Law cannot micro-enforce , every little geek with a keyboard ,
, who will always try yo get something
for nothing, and then
give his mate a copy.
BUT WHEN
it
become
larger
,organized
, and
criminal
,, Piracy,,
Lock um up Dano.
--------------------
its late
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Re:
Wow, it's really obvious that you have absolutely no clue at all.
By recording and releasing that song, you are just as much of a "thief" as someone who downloads that same song through a torrent site.
Perhaps even worse. From the posts here, it's really obvious that you recorded that song, at least in part, to promote your own music. People who just download music don't expect that kind of advertisement.
Non-commercial infringement is also illegal, so releasing that is against the law, even if you don't charge money. You do not have the right to release a cover version for free, any more than you have the right to release the original for free.
You are, in other words, doing exactly the thing that copyright is supposed to prevent. More than filesharing, even.
I thought you were probably an unintentional "pirate," but I had no idea. Seriously, if you think what you're doing is more OK than listening to a song for free, then you're way out of touch with reality.
For the record: The estate of Michael Jackson is the exclusive owner of all Beatles material. If you ever decide to stop stealing, I'm sure LaToya would take a check. (Don't bother asking Paul McCartney; he doesn't have any say in the matter.)
One last thing. As one shitty musician to another, please stop plugging your music here. It's really annoying.
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Re: Re: To this day, John Fogerty does not own any rights to "Run Through The Jungle.
I am sorry ,, but that is not my understanding ,, but it was , a while back ,, and I did cite it w/o , studiny the case ,, only waht was up at Wikki.
But I bellieve it was eventuallly resolved , where John's orginal authorship was a legal factor..
Remember :
Chords : cannot copyright
Melody is messy
Lyrics clear.
I was not at the trail , and my not have gotten 100% on the pop quiz here .
Sue me. This is not my job.
When Mike is wrong, it is his job.
---------
Either way the J.F vs evil record company case record, is open to all,
it was hailed as an artists victory, as I remember ,
, but It is not my formal job to remember things.
but I do remember Musicians loved the verdict , but we may have been to drunk to understand it at the time.
That why we got Lawyers.
-----
there is a story in the Babylonian Talmud, about the test they gave to local younger Rabbis then so they could be judges on the Senior Rabbinic courts.
I paraphrase here:
The test starts with being asked to explain why a mouse is kosher.
But a mouse it not Kosher.
The senior Rabbis insist , and demands a list of of 100 reasons why a mouse is kosher from the aspiring young Rabbi.
He Toils for days , combs through tomes of Jewish law. Finds his 100 reasons , why a mouse IS KOSHER.
The young Rabbi presents his 100 reasons on why a mouse is kosher to the Senior Rabbis testing him.
They read the list they . They tell him he did a great job.
The Young Rabbi is bewidlered ,, tierd and cranky from day of little sleep ,, he yells at the senior Rabbis ,, " But a MOUSE IS NOT KOSHER !!!!"
The senior Rabbis repsond: EXACTLY.
You can give me 100 reason why a mouse is not kosher , all well researched for Jewish Law.
But the Answer is a Mouse IS NOT Kosher.
You passed the test you are now a young Senior Rabbi.
==================
Why Am i writing this ,, whell if you have not figured out already ,,
You can give me 1000 reasons and circumstance on why PIRACY of copyrRighted works--- from the micro to macro level ---is fine , nice , legal and moral , in any one unique place and circumstance.
But the Answer is : Piracy is Illegal.
---------------------------
Again Paul , Yoko, M.J. kids , ASCAP , BMI ,, and you ,,
PLEASE,, PLEEEAASSEEE ,, SUE ME ,,
for posting my instrumental cover version of the Beatles REVOLUTION # 1 on my My Space page ;
those links again :
http://www.myspace.com/radamhalperin
http://amiestreet.com/music/rahalperin/rahalperin/
I need the publicity Paul,, and we can jam on uke during court recess>
=========
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this is a major news story forn the NYTimes to put things in perspective. ENJOY
When Passengers Spit, Bus Drivers Take Months Off
By MICHAEL M. GRYNBAUM
http://www.nytimes.com/2010/05/25/nyregion/25spit.html?hp
"It could be the cutbacks to the city’s transportation system, or a general decline in urban civility. Perhaps people are just in a collective bad mood.
What else could explain why New Yorkers — notoriously hardened to the slings and arrows of everyday life here — are spitting on bus drivers?
Of all the assaults that prompted a bus operator to take paid leave in 2009, a third of them, 51 in total, “involved a spat upon,” according to statistics the Metropolitan Transportation Authority released on Monday.
No weapon was involved in these episodes. “Strictly spitting,” said Charles Seaton, a New York City Transit spokesman.
And the encounters, while distressing, appeared to take a surprisingly severe toll: the 51 drivers who went on paid leave after a spitting incident took, on average, 64 days off work — the equivalent of three months with pay. One driver, who was not identified by the authority, spent 191 days on paid leave.
Transit officials, facing a budget shortfall of $400 million, called the numbers troubling. “We have to see what we’re going to do with that,” said Joseph Smith, who oversees bus operations for New York City Transit.
Spitting falls under the category of assault in the drivers’ contract with the authority. And officials at Transport Workers Union Local 100, which represents city bus operators, said the extended absences were justified.
“Being spat upon — having a passenger spit in your face, spit in your mouth, spit in your eye — is a physically and psychologically traumatic experience,” said John Samuelsen, the union’s president. “If transit workers are assaulted, they are going to take off whatever amount of time they are going to take off to recuperate.”
Sensitivities have been heightened since 2008, when Edwin Thomas, a bus driver in Brooklyn, was stabbed to death by a passenger after an argument over the fare.
In response, the authority offered classes to drivers on defusing tense situations. Plastic partitions for drivers have been tested, but a design has not been set.
Yet spitting assaults have grown. More than 80 drivers reported being spat upon in the last year, the authority said.
Enforcement may be an issue. Almost no arrests have been reported for spitting on a driver, said Mr. Smith, who noted that a police officer “must witness the spat upon to give a summons.”
London and other cities have found a novel solution: collecting the DNA of the offending spitters.
Bus drivers interviewed Monday said they frequently heard about episodes involving spit.
Passengers “get angry at the MetroCard not working, they get very irate over the schedules and having to wait a certain period and the bus being late,” said Richard Davis, a union official in Manhattan.
“A lot of people are worried about diseases, and they go to the hospital to get checked,” Mr. Davis said, referring to the drivers.
Raul Morales, 52, has been driving city buses for five years, but his first encounter with spit came early.
“A guy wanted to get on the bus; I told him the fare; he didn’t want to pay it,” Mr. Morales said. “So, he spat at me.”
The spittle landed on his shirt and glasses. He stopped at a nearby McDonald’s to clean himself off, then finished his shift. “I just kept on going.” (An ice slushie was once thrown at him for the same reason.)
Mr. Morales said it did not occur to him to take an extended absence to recover. “Everybody has their own tolerance to these things,” he said.
Alan E. Pisarski, the author of “Commuting in America,” calls it “aisle rage”: a resentment toward declining mass transit. “It could be that the combination of declining service and increasing costs is a tough burden for people to accept,” Mr. Pisarski said.
Come June in New York City, that burden will grow. Dozens of local and express bus lines will be eliminated, taking the brunt of an austere slate of service cuts by the authority. (Fewer riders on the subway will be affected.)
Gene Russianoff, staff lawyer for the Straphangers’ Campaign ****, the riders’ group, said the cuts could make riders less patient. “On a train,” Mr. Russianoff said, “you really can’t get at the train operator in most cases. If you’re late, or they missed your stop, you’re pretty mad. On the bus, the driver is the flashpoint.”
Nancy Shevell, the chairwoman of the authority’s bus committee, said she did not envy those spat upon. But she wondered whether three months’ time off was excessive.
“You have to wonder if you can go home and shower off, take a nap, take off the rest of the day and maybe the next day,” she said. “When it gets strung out for months, you start to wonder.”"
Emily Hager contributed reporting.
http://www.nytimes.com/2010/05/25/nyregion/25spit.html?hp=&pagewanted=print
*** i used to be employed with nypirg/ straphangers
http://www.nypirg.org/
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Re: Re: Re: I download your music, and burn a new CD, to replace the broken one. Do you think this should be allowed?
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great point from gaga.
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Re: Re:
Upon further research, I learned that MJ sold 50% of his share to Sony. Also, he apparently put his share up as collateral on a loan, so who knows who owns the copyrights now.
In any case, not a single member of the Beatles (nor even Yoko) owns the copyrights to any of their music. They do still collect royalties on it, of course.
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Re: Re: Re: cleare : re Beatles Revolution// So I could purchase your download, and then give it away to everyone for free, and that's okay?
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Re: Re: Re: Re: cleare : re Beatles Revolution// So I could purchase your download, and then give it away to everyone for free, and that's okay?
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Judge Samuel Conti actually resolved in pretrial rulings the issue many associated with the case:
I think the key there is "pre-trail",, but i do wanna look this up someday , to be clear , what role J.F.'s ORIGINAL Authorship played ,,,,, thanks for pointing out links that will help
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Re: Re: Re: Re: I download your music, and burn a new CD, to replace the broken one. Do you think this should be allowed?
Don't be a Pirate,
If it feels like cheating it is cheating.
---
Really got a , a real world question ,,ask you local copyright law professor,,
But if you ask ,,
Suppose my computer , takes the CD into it's CD-Rom drive ,, and creates a new life form , from the computer's hardware/software/malware & my music CD ,
( finally "form from" together consecutively in a sentence, a dyslexic nightmare).
and that NEW cyborg life form then eats Pittsburgh
,, and the now USA Gov't claims it was my music on the CD , that interacted will malware on your computer,, to create the NEW life form,
!] Is the new life form covered , by my original copyright of my music ,, OR
2] Is the new life form , covered by the copyright of the Mal-ware on your computer,, that was needed to create the cyborg life form that ate Pittsburgh,,, but wait
#} you can't copyright Malware -- can you?
, so 4} the new life form that ate Pittsburgh ,, has two parents , one legal -- my CD ,, and one illegal -- the malwayre on you computer. ,,
In which case , being one parent is illegal ,
Arizonza, captures the new cyborg life form that ate Pittsburgh,, and deports it to Mexico ,, claiming the malware came form Mexico.
The new Cyborg life form , not liking Mexican food , starves to death.
Its that clear ??
Answered your Question?
----
If not ask a lawyer, law proff, or Lady GaGa.
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One last thing. As one shitty musician to another, please stop plugging your music here. It's really annoying.
>> Piracy is illegal ,, and any posting that encourages and illegal activity, is immoral
--------
and to ans. you other points :: PAUL & Yoko , and M.J's kid's please sue ME !!
-----------
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(I do have the right to create a backup, correct?)
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In any case, not a single member of the Beatles (nor even Yoko) owns the copyrights to any of their music. They do still collect royalties on it, of course.
When MJ. ( may G-D rest his soul) ,,, started selling Beatle songs for ads ,, i remember reading Paul was not happy , and gave M.J. a polite ring on the phone to express his displeasure w/ beatle songs in ads.
I do not remember the full details from what i read ,, and I bet Paul , does not either.
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"Perhaps even worse. From the posts here, it's really obvious that you recorded that song, at least in part, to promote your own music. People who just download music don't expect that kind of advertisement."
I said i admit that ,,PAUL ,, sue me ,,please,, it is a musician culture thing.
==========================
"People who just download music don't expect that kind of advertisement."
What ? Think about that .
My music promotes my talent , with the goal that that talent gets me rich , or better yet broader respect for my music and art.
it is a given.
=============
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but i wont having heard it you need protools pal.
and it is simple to use ,, and I feel , i can mix , all that I need to at this time for demos and the like right @ home , for free w/o renting a studio for 1,000,000 bucks a day in NYC.
"Damn it , Jim ,, i am a musician ,, not and engineer" (star trek)
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Artist? You wish.
And Lady Gaga is just a miscellaneous merchandise. This is the culture copyright has given us. Total crap.
I'll go back to download something interesting...
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In other words, the jury found that they were not the same song."
Creedence Clearwater Revival: Run Through The Jungle
http://www.youtube.com/watch?v=EbI0cMyyw_M
--
The Old Man Down The Road - John Fogerty
http://www.youtube.com/watch?v=VtTNK5HZ84A
--------
And I remember it J.F. was purposely baiting Fantasy Records, and wrote Old Man with "hopes" that Fantasy would sue.
Listen and get back to me ,
-----------------------
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Re: In other words, the jury found that they were not the same song."
,,,,,,,,,,,,,,
(anybody seen my house keys??)
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Lady GaGa is Smarter than Everyone Else
Now, on to smash Ticketmaster.
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Re: I'll go back to download something interesting..
"Legally download" is what you meant , i am sure
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Now, on to smash Ticketmaster.
Jun 2, 2006 ... Tom Petty, who's hinted this might be his band's last big summer tour, ... Ticketmaster notified the original buyers that their tickets were ...
www.washingtonpost.com/wp-dyn/.../AR2006060100521.html -
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Re: Now, on to smash Ticketmaster.
search here :
http://www.google.com/search?hl=en&client=firefox-a&hs=9NI&rlz=1R1GPMD_en___US361&a mp;q=%22Don%27t+Do+Him+Like+That%3A+Tom+Petty+vs.+Scalpers%22&aq=f&aqi=&aql=&oq=& ;gs_rfai=
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WOW!
I certainly respect her more! She has the right attitude, BAR NONE!
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In any case, not a single member of the Beatles (nor even Yoko) owns the copyrights to any of their music. They do still collect royalties on it, of course.
M.J.'s estate get royalties from the "John & Paul" song publishing rights they own . ( George & Ringo own their music and publishing rights independently of John and Paul .)
Beatles inc. still gets $$ from , physical or digital medium sales.
--------------------
and
http://www.youtube.com/watch?v=rFgHB_3MOt8&feature=related
gimme some truth JOHN LENNON cover remix ( could not find the original ) , by somebody ,, but you will get the point for the lyrics
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the $$ is in Touring.
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"the $$ is in Touring."
, BUT for other bands ,, esp , older bands that still get moderate airplay ,,
but really "cannot" or "do not want to" tour because :
: 1] they just don't want to physically tour , at the age of 60 +
, 2] can't get their fans to pay again to see the same act as ten years ago,
or , 3] can't get investors for the tour they are willing to do.
Those bands get their $$$ mostly from royalties under copyright law.
=====================
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I can record your music and if i felt inclined copy that to the radio station to play on air.
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piracy is evil and killing
piracy is evil and killing
piracy is evil and killing
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Re: "Perhaps even worse. From the posts here, it's really obvious that you recorded that song, at least in part, to promote your own music. People who just download music don't expect that kind of advertisement."
It is not "enforceable." The copyright holder can listen to the other party, or not. If not, then tough titties. If most copyright holders are like you, they'll go with the "tough titties" answer.
So, you are committing commercial copyright infringement, then, even if you release the cover song for free. Legally and morally, you are no different than a car company who used "Help" without approval in one of their ads.
Sony, the Jackson lawyers, or the RIAA will probably bring the suit. And that is not something that you want. If they win (and they will), they can make you pay their legal fees, which will be in the tens of thousands at least. The statutory damages can be as high as $30,000. Wilful infringement - which you have admitted in these comments - will net you an additional $150,000. And they will win an injunction against you, meaning that you can never make that recording available, to anyone, ever again.
If your income is like mine, that means that every single penny you earn in the next decade will be owed to the copyright owners.
Here's the law:
http://www.copyright.gov/title17/92chap5.html#504
Of course, people who are caught downloading music (because they like it, not because they're trying to make a buck) will face similar fates. But we'll be "protecting musician's rights," so I guess it's all OK by you, right?
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Re: Re: "Perhaps even worse. From the posts here, it's really obvious that you recorded that song, at least in part, to promote your own music. People who just download music don't expect that kind of advertisement."
But I think you are wring in good "academic" faith , So let us beat the horse a bit ,, but with a feather , because PETA might be reading
---------------
The horse is dead, yet I can't stop beating it.
ans: w/ a feather i hope too.
-----------------------------
Me: but artist control , while not legally enforceable ,, is still , morally enforceable between the parties.
You : It is not "enforceable." The copyright holder can listen to the other party, or not. If not, then tough titties. If most copyright holders are like you, they'll go with the "tough titties" answer.
Me: Again between musicians , these lawsuits are RARE, Chuck Berry never sues the Rolling Stones for numerous "rip-offs",, as a mater of fact Kieth produced Chuck's 60th birthday concert jam bash. I know , Paul , loves to here , Beatle covers, and if someone for M.J.'s estate -- also art / musical types -- I would be shocked , and Paul would be too. While I can bet for sure there , it is a highly educated guess.
When dealing with out sale of Pirated Music , that is a horse of a differnt color , and it can be shot. Most any musician -- in my opinion --would & should sue ,-- with support of ASCAP /BMI /et. al.,-- even over ONLY infringement , and loss of control. $$ would just make it more likey for the Artist to sue,, but really it is never about the $$ , it is about Artist Control. Charles Mingus referred to songs as his children. Musicians and songwriters feel that very deeply. Other musicians can play with our babies ,, but Pirates will be shot on site , with a lawsuit.
-----
-------------------------
ME: My music promotes my talent , with the goal that that talent gets me rich , or better yet broader respect for my music and art.
YOU :So, you are committing commercial copyright infringement, then, even if you release the cover song for free. Legally and morally, you are no different than a car company who used "Help" without approval in one of their ads.
AGAIN SAME ANS: I said i admit that ,,PAUL ,, [can]sue me ,,please,, it is a musician culture thing. This is as old as the blies in the delta, rip of the master , so he come to your house , to teach you to do it better. Musicans do not sue othe good faith musicians.
But together we will fight Pirates
----------------------------------------------
YOU : Sony, the Jackson lawyers, or the RIAA will probably bring the suit. And that is not something that you want.
ME: Paul won't let them . Buy I get very little traffic --at leat now to myspace,, like I said , I dublt , anyone knows at "Sony, the Jackson lawyers, or the RIAA" , and if the did know , they would not care ,, I make ZERO $$ on the song, and have nothing to sue , over.
Yes if "Sony, the Jackson lawyers, or the RIAA" asked me to remove the song , w/ formal legal notice , i would ,, but that ain't worth the lawyers pay. And if "Sony, the Jackson lawyers, or the RIAA" did so ,, I would appeal to Paul and Yoko for final judgement , and every would respect their wishes.
Trust me . Musician culture. I have been doing this for 30 years now ,, and while , I had only very limited local fame in NYC ,, before i retired in 1995 to go back to college and get my degrees ,, I was respected at all levels, and counted bigger "names" as my supporters,, who often watched my busking gig in Washington Square. ( I even take credit for helping start the ukulele craze,, as i was publicly performing on uke , way back in the early 1990's , when people ,, even other musicians , would go ,, can you really make serious music on that? I was doing "Wild Thing" and "Honky Tonk Women" ( and more) , on uke , and mandolin , before most everybody,, and I pushed all my friend to play uke. Seems to have spread,, I was not THE leader here,, but I was on the cutting edge.
My Point ,,trust me ,, no one will sue now ,, no $$ . and as I said if there becomes money ,, The LAW rules. I am nor ducking anyone . I stated that several times in this thread-- doesn't anybody take the time to read all 1000 posts (sic) -- so i repeat here for the record. ( Who needs sleep?!?)
------------------------
ANS :If they win (and they will), they can make you pay their legal fees, which will be in the tens of thousands at least. The statutory damages can be as high as $30,000. Wilful infringement - which you have admitted in these comments - will net you an additional $150,000. And they will win an injunction against you, meaning that you can never make that recording available, to anyone, ever again.
ANS : Like I said ,, I will co-op wil any formal request ,, and angain , it won't happen in MY case in a million years .
Copyright law protects artists from Pirates ( which include bad faith artists. BUT towards other good faith artists, artists ,, and esp musicans , do not sue.
Musicians do not experience professional jealousy as in other Arts -- like writers let us say--( Gore Vidal vs Norman Mailer comes to mind).
Musicians wanna jamm.. we steal little song gooks form each other all the time. "Here come old flat top , he come grooving slowly." ,, was John stealing direct from Chuck Berry,, and ..
"In 1973, "Come Together" was the subject of a lawsuit brought against Lennon by Big Seven Music Corp. (owned by Morris Levy) who was the publisher of Chuck Berry's "You Can't Catch Me". ---- BUT CHUCK WAS NOT INVOLVED,, just some greedy dude who bought his music , before most songwriters had biz savvy.
(quote from : http://en.wikipedia.org/wiki/Come_Together ,, which does not mean it is 100% reliable fact.)
==================================
YOU :If your income is like mine, that means that every single penny you earn in the next decade will be owed to the copyright owners.
Me: again it ain;t gonna happen now ,, but again ,, PLEASE PAUL , sue me ,, i would be honored !!! REALLY.
and if I ever get $$ , ASCAP , and BMI , et al , wil make it all kosher for everyone to eat right.
Like I said at the start ,, you are really nitpicking a highly unlikely scenario , in this case in reference specifically to me
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You : Here's the law:
http://www.copyright.gov/title17/92chap5.html#504
Me: I will read it , but I studied it on school as a pol-sci major. Good to review.
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YOU : Of course, people who are caught downloading music (because they like it, not because they're trying to make a buck) will face similar fates.
But we'll be "protecting musician's rights," so I guess it's all OK by you, right?
ME : Accually you are loosing me there ,, i do not see your point on my situation , which is between me and Paul in our musician universe. The laywers will do our ,, and esp, Pauls bidding on these matters.
Geeks , who download en mass , are pirates , and should be stopped. Lyric sites that fail to pay royalites will be shut down. Larger organized crime , will be suject to law enforcement.
A no $$ dude like me, paying homage to his musical masters, but giving away a free cover , simply ain't ever gonna get sued, if the Musican (Paul in this case ) , is making the decsion.
But as with the "Come Together " lawsuit ,-- where some non- musician music leech , saw a chance for a buck.
But hey , there are idiots everywhere with lawyers.
good note ,, and no more ,, I have said all I can say here ,, and questions ,, re-read the thread ,, more questions still go to my profile here ,, and read my last 300 posts
sorry for the typos ,, i ain't proof reading this thing
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corrected typos & with elucitations : RE: I think you are nitpicking technicalities , that do not apply in "musician to musician" culture.
But I think you are writing in good "academic" faith , So let us beat the horse a bit ,, but with a feather , because PETA might be reading
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The horse is dead, yet I can't stop beating it.
ans: w/ a feather i hope too.
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Me: but artist control , while not legally enforceable ,, is still , morally enforceable between the parties.
You : It is not "enforceable." The copyright holder can listen to the other party, or not. If not, then tough titties. If most copyright holders are like you, they'll go with the "tough titties" answer.
Me: Again between musicians , these lawsuits are RARE,
Chuck Berry never sues the Rolling Stones for numerous "rip-offs",, as a mater of fact Kieth produced Chuck's 60th birthday concert jam bash.
I know , Paul , loves to here , Beatles covers, and if someone for M.J.'s estate -- also art / musical types -- SUED ME I would be shocked , and Paul would be too.
While I cannot bet for sure there , it is a VERY highly educated guess.
When dealing with out sale of Pirated Music , that is a horse of a different color ( pun intended in context to opening of your post) , and it can be shot.
Most any musician -- in my opinion --would & should sue ,-- with support of ASCAP /BMI /et. al.,-- ONLY FOR infringement , and loss of control.
$$ would just make it more likely for the Artist to sue.
But really it is never about the $$ , it is about Artist Control.
Charles Mingus referred to songs as his children.** Musicians and songwriters feel that very deeply !!!!** ( major point !!)
Other musicians can play with our babies ,, but Pirates will be shot on site , with a lawsuit.
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ME: My music promotes my talent , with the goal that that talent gets me rich , or better yet broader respect for my music and art.
YOU :So, you are committing commercial copyright infringement, then, even if you release the cover song for free. Legally and morally, you are no different than a car company who used "Help" without approval in one of their ads.
AGAIN SAME ANS: I said i admit that ,,PAUL ,, [can]sue me ,,please,,
It is a musician culture thing.
This is as old as the blues in the delta, rip of the master , so he come to your house , to teach you to do it better.
Musicians do not sue other good faith musicians.
But together we will fight Pirates
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YOU : Sony, the Jackson lawyers, or the RIAA will probably bring the suit. And that is not something that you want.
ME: Paul won't let them .
FOR I get very little traffic --at least now to myspace,, like I said , I doubt anyone knows about ME at "Sony, the Jackson lawyers, or the RIAA" ,
,,,, and if they did know , they would not care ,, I make ZERO $$ on my Beatle cover and have nothing to sue , over there.
No one can say there is infringements ,, because no one is NOT going to by the White Album , or is songbook because of my cover of Revolution #1 .
Yes if "Sony, the Jackson lawyers, or the RIAA" asked me to remove the song , w/ formal legal notice , i would ,
, but that ain't worth the lawyers pay to write me the formal letter -- or informal phone call. ( Major Point in musicians culture )
And if "Sony, the Jackson lawyers, or the RIAA" did so ,, I would appeal to Paul and Yoko for final judgement , and every would respect their wishes.
Trust me . Musician culture. I have been doing this for 30 years now ,, and while , I had only very limited local fame in NYC ,, before i semi-retired-from-music in 1995 to go back to college and get my degrees ,, ,,,
,,,,,, I was respected at all levels, and counted bigger "names" as my supporters,, who often watched my busking gig in Washington Square.
((( I even take credit for helping start the ukulele craze,, as i was publicly performing on uke , way back in the early 1990's , when people ,, even other musicians , would go ,, can you really make serious music on that? I was doing "Wild Thing" and "Honky Tonk Women" ( and more) , on uke , and mandolin , before most everybody,, and I pushed all my friend to play uke. Seems to have spread,, I was not THE leader here,, but I was on the cutting edge.))
My Point ,,trust me ,, no one will sue now ,, no $$ . and as I said if there EVER becomes money from my Beatle cover ,, The LAW rules.
I am nor ducking anyone . I stated that several times in this thread--
Doesn't anybody take the time to read all 1000 posts (sic) -- so i repeat here for the---- CORRECTED & spell-checked POST--- record. ( Who needs sleep?!?)
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ANS :If they win (and they will), they can make you pay their legal fees, which will be in the tens of thousands at least. The statutory damages can be as high as $30,000. Willful infringement - which you have admitted in these comments - will net you an additional $150,000. And they will win an injunction against you, meaning that you can never make that recording available, to anyone, ever again.
ANS : Like I said ,, I will co-op will any formal request ,, and again , it won't happen in MY case in a million years .
Copyright law protects artists from Pirates ( which include bad faith artists.)
BUT towards other good faith artists, artists ,, and esp musicians , do not sue.
BECAUSE Musicians do not (normally) experience professional jealousy,,, as happens in other Arts -- like writers let us say--( Gore Vidal vs Norman Mailer comes to mind).
Musicians wanna jamm.. we steal little song HOOKS form each other all the time. ....."Here come old flat top , he come grooving slowly." ,,
......was John stealing direct from Chuck Berry,, and ..
"In 1973, "Come Together" was the subject of a lawsuit brought against Lennon by Big Seven Music Corp. (owned by Morris Levy) who was the publisher of Chuck Berry's "You Can't Catch Me". --
-- BUT CHUCK WAS NOT INVOLVED,, just some greedy dude who bought his music , before most songwriters had biz savvy.
(quote from : http://en.wikipedia.org/wiki/Come_Together ,, which does not mean it is 100% reliable fact.)
==================================
YOU :If your income is like mine, that means that every single penny you earn in the next decade will be owed to the copyright owners.
Me: again it ain;t gonna happen now ,, but again ,, PLEASE PAUL , sue me ,, i would be honored !!! REALLY.
and if I ever get $$ , ASCAP , and BMI , et al , will make it all kosher for everyone to eat right.
Like I said at the start ,, you are really nitpicking a highly unlikely scenario , in this case in reference specifically to me
-------------------
You : Here's the law:
http://www.copyright.gov/title17/92chap5.html#504
Me: I will read it , but I studied it on school as a pol-sci major. Good to review.
---------------
YOU : Of course, people who are caught downloading music (because they like it, not because they're trying to make a buck) will face similar fates.
But we'll be "protecting musician's rights," so I guess it's all OK by you, right?
ME : Actually you are loosing me there ,, i do not see your point on my situation , which is between me and Paul in our musician universe.
The lawyers will do our bidding -- as lawyers are just drones --- ,, and lawyers will do esp, Paul's bidding on these matters-- as he has more $$ than any lawyer -- thank G-D.
Geeks , who download "en mass" , are pirates , and should be stopped.
Lyric sites that fail to pay royalties will be shut down.
Larger organized crime pirates , will be subject to merciless law enforcement.
And a no-$$-dude-like-me, paying homage to his musical masters, but giving away a free cover , simply ain't ever gonna get sued,
Especially if the Musician (Paul in this case ) , is making the decision.
But as with the "Come Together " lawsuit cited above here ,-- where some non- musician music leech , saw a chance for a buck.
But hey , there are idiots everywhere with lawyers.
good nite ,, and no more ,, I have said all I can say here in this thread ,
, any questions ,, re-read the thread ,
, more questions still go to my profile here ,, and read my last 300 posts
sorry for the typos ,, i ain't RE_ proof reading this thing a 2nd time
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= and in the end , the love you make , is equal to the love you take ............
http://en.wikipedia.org/wiki/The_End_(The_Beatles_song)
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p.s. Re: corrected typos & with elucitations : RE: I think you are nitpicking technicalities , that do not apply in "musician to musician" culture.
BUT ... S/He does have to pay the original SONGWRITER -- or who ever owns the rights these days --- if the cover version EVER makes $$$$
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Why it can be tough to be a musician today.
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Love Gaga More!
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For cheap Lady Gaga tickets visit
http://inseats.com/lady-gaga
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she needs to remember that in the end, the record label made her, and she shouldnt crap on their ability to make the money back. her tour isnt likely to bring in as much money as that, as she spends like crazy, buys expensive props, outfits, and the like, and generally runs the show into the red.
i tend to think of her as lady 14:59, because i think the 15 minutes is almost up already.
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Re:
Her manager definitely knows she owes her success to the label and has said so. So I think everyone knows how big a role the label has been in promoting her.
Since the label gets a piece of everything she does, it's probably okay with the label folks if fans take her music for free as long as they still go to her shows and give her product promotions. One way or another it's all money in the label's pockets.
As for whether her career will be a long-term profitable venture for either her or the label remains to be seen.
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Since the label gets a piece of everything she does, it's probably okay with the label folks if fans take her music for free as long as they still go to her shows and give her product promotions. "One way or another it's all money in the label's pockets."
Me : exactly True!
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Re:
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Re:
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Re: "Perhaps even worse. From the posts here, it's really obvious that you recorded that song, at least in part, to promote your own music. People who just download music don't expect that kind of advertisement."
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Re: "Perhaps even worse. From the posts here, it's really obvious that you recorded that song, at least in part, to promote your own music. People who just download music don't expect that kind of advertisement."
I thought you said the mouse isn't kosher. All the 'music culture' excuses in the world dont make the mouse kosher, right?
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I think this is a good option. It also has all the songs in big music apps from Apple or Google. I think that it is not necessary to chase this race with piracy, because it really gets almost all the revenue it receives from performances. I often download her music on https://m.download-mp3.bid/ and I don't think it will hurt her in any way
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