--------------------------------------------------------------------- T H E G A R Y N U M A N D I G E S T (by subscription only - to unsubscribe, see bottom of this message) --------------------------------------------------------------------- (#2002-71) - Topics This Issue: 1) iPOD and MP3 etc. 2) We're still here... ---------------------------------------------------------------------- Date: Fri, 01 Feb 2002 18:30:45 -0700 From: "Joey Lindstrom" Subject: iPOD and MP3 etc. In the last Digest, Tom Gorham touched on an issue that perhaps needs some clarification, because from a legal point of view, this issue is crystal clear but not well understood by many. Well, at least it's clear here in Canada and the USA - not sure about the UK, but since most nations adhere to international copyright conventions, there usually isn't TOO much variance in copyright laws. First off, let me say this: it is perfectly legal for you to take your favourite Numan CD, pop it into your computer, rip it to MP3 (I recommend the Plextor line of drives, they do a skip-and-pop-free job), and then copy the resulting MP3's to an iPOD or CD-MP3 player or whatever other MP3-playing unit you're using (I have four CD-MP3 players myself), so long as it is for your own personal use (ie: you're not selling 'em or giving 'em away). This is called "fair use" and is, again, perfectly legal. You have already purchased a licence to listen to the music, plus the physical media itself. You have the right to: 1) Change the format of the music (ie: record it to cassette tape and then take that cassette with you in your car, which may only have a cassette deck). 2) Make an "archival" copy of it (again, it must be for your own use). This would be akin to buying a Numan CD, making a duplicate of it, putting the original away for safekeeping, and only playing the duplicate. Ripping your discs to MP3 so that you can play the MP3's on an MP3 player is nothing more, legally, than a format change, as noted in point #1 (and point #2 is really just a variant of point #1 anyways). Where things may be murkier for some (and this is the point of this message) is here: let's say what you've got is an old vinyl copy of "Telekon", but no CD copy of it. You still have the right to record that vinyl album to your hard drive, and then make MP3's from those recordings (after, presumably, removing the hiss and the pops and the clicks, etc.) But... do you have the right to logon to Limewire, download somebody else's MP3 versions of the same songs (which they might have ripped from CD rather than recorded from vinyl), and stick those on your MP3 player? Legally? The answer is yes (well, mostly). It is still just a format change. The fact that SOMEBODY ELSE did the actual work of converting to MP3 is not relevent. You still have a valid right to listen to music you've paid for, as often as you like. That right doesn't expire. The fact that the MP3's may have come from a CD reissue, and the fact that Beggars Banquet did some work in cleaning up the old master tapes to make them sound better, again does not matter (the work they did does not change the original copyright). Note that I said "mostly". In the case of "Telekon", Beggar's Banquet has added a couple of bonus tracks that aren't on the original vinyl album. THOSE tracks don't qualify: you never paid for them, and if you want 'em legally, you gotta pay for 'em. Now let me toss a grenade into my carefully constructed argument. In 1997, the Canadian government changed our copyright laws. Canadians now have the right to GIVE AWAY COPIES of music they buy on CD (and format is irrelevent, so MP3's qualify), so long as they are not compensated for it. To counterbalance this, they began assessing a "copyright levy" on the sale of blank discs, which is paid into a fund from which (and I have NO idea how the hell this works) artists can be compensated for lost sales (how do they calculate who lost how much?) In short, Napster should have set up shop in Canada from the get-go, and they'd never have run into the problems they hit. :-) Just for the record, I believe as many have stated here: Numan is an artist who needs as many sales as he can get in order to justify continuing in the music biz, so I don't make copies of his albums and give them away. I have, on the other hand, built a few "sampler" CD's (containing a few songs from several albums) and given THOSE away. When I do this, I note carefully on the label exactly which album each track came from. I include just enough to whet the appetite and hopefully persuade the recipient to go out and buy the album. And it HAS WORKED in many cases. Not all, obviously, but then again, those who didn't would never have bought the album had they never heard my sampler, so no loss there. But I know I've helped Gary's sales with this, and haven't violated the law (at least as it's written in Canada). If all you've got is the vinyl album, I do urge you to buy the CD reissues. The sound is usually much better (especially in the case of the Beggars reissues), there's usually some bonus tracks, and it helps "the cause" of keeping Gary in the business. But if you just can't afford it, go ahead and download those MP3's (of the songs you've already paid for) - it's perfectly legal. / From the desk of Joey Lindstrom / / "But women are pathetic when they make themselves stupid. There's even / more of a stigma to being a smart girl than there is to being a smart / guy." / --Frank Zappa ------------------------------ Date: Sat, 2 Feb 2002 09:36:55 -0000 From: "Vickers" Subject: Re: We're still here... After a few weeks of not having time to resdpond to anything on the Digest, I have come up for air. I have hardly had chance to hear any music whatsoever for months, and have no strong feelings on any of this MP3 stuff. But it was really nice to read Ben's notes on several items relating directly to music, etc. The previously unreleased track? YES! When BB put out the back catalogue as double albums they turned up 'This House Is Cold'. It is superb. When Gary put out the Babylon records the 'new' tracks were good. When BB remastered Dance, the eponymous track was so good Gary started performing it live! So I suspect.. the 'new' track will be GOOD!!! Paddy Vickers ------------------------------ End digest@garynuman.info Digest [02/02/2002 18:01] --------------------------------------------------- ------------------------------------------------------------------- T H E G A R Y N U M A N D I G E S T is produced, moderated, and distributed by Derek Langsford, Dave Datta, and Joey Lindstrom dlangs@sunstroke.sdsu.edu, davdat@allmusic.com, Joey@GaryNuman.Info ------------------------------------------------------------------- To reply to the messages in this list, email: digest@garynuman.info If you want to be removed, or someone wants to be added, email: listserv@GaryNuman.info and include this line as the first line of your message body: SUBSCRIBE digest@garynuman.info (email address) or UNSUBSCRIBE digest@garynuman.info (email address) (email address is optional but useful if you have multiple addresses) If you want to switch between receiving Digests or individual posts, again send to listserv@GaryNuman.Info and include either of these in your message body: NORMAL digest@garynuman.info or DIGEST digest@garynuman.info ------------------------------------------------------------------ Please note: this mailing list is configured to automatically unsubscribe you if mail to your mailbox goes undeliverable for any reason. 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