Should we need to pay for downloading or obtaining music these days?
A friend posed these questions to me in his vlog this week, expecting me to answer in a similarly visual manner. However, his questions are deep. They are complicated. They delve into the particulars of copyright law, cultural values, and moral fiber. Rather than subject you to a ten-minute rant (and subject myself to the subsequent comments of YouTubers), I'll give you a few facts as well as my opinion on the matter. It's better this way. My argument will make more sense written down--and I don't have to wear makeup to blog.
The How & The Why
You probably don't recognize these.
Thanks to the internet, finding free music is as easy as "right click, save target as," but that's nothing new. Whether you remember the early days of Napster, fueled your middle school days with the tunes of LimeWire, or navigated the dark tunnels of the internet for sites like this, you're familiar with how to get the goods with minimum hassle. Digital music, saved in Itunes or begging for your one-click download, is here to stay. And is that a bad thing? No! Why should you pay $12.99 for an album at Walmart when you can download it at home for free.....wait a minute....
Downloading music off of a public domain IS illegal-we'll establish that right away. If you don't take my word for it, the Recording Industry Association of America (RIAA) has summarized copyright law infringement in non-lawyer speak. True, the summary doesn't directly cite the law--it merely summarizes. To satisfy my own curiosity, I delved deeper and waded through some U.S. copyright law. Mostly, though, I did it for you, the reader, because I figured you'd want proof.
"Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be."
Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code (Ch 5, 5.01)
Why Do We Do That?
"Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be."
Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code (Ch 5, 5.01)
Why Do We Do That?
1. We'll also establish that, for most people, downloading "Wonderwall" so that you have a song to sing along to while sobbing gently into your beer bottle doesn't FEEL illegal. [We will also, ALSO establish that I'm not lecturing you. I'm not innocent in this massive sin pot.] And since it doesn't feel illegal to download music, people don't If listening to Oasis is wrong, then I think twice about doing it. Therein lies the don't want to be right!!" problem, I suppose.
"Gee Barney, thanks for this copy of Big Band Classics!"
2. Obtaining music for free has happened for a long, long time, and it started long before Napster went online. My dad mentioned that in the 70s, you could record songs from an album to a cassette (the pre-CD burn). Incidentally, the practice of obtaining music illegally has wiggled its way into our culture not as something unlawful, not as a vice...more as something that you "just do." Like declining to leave a tip at a restaurant. It's impolite and you know you should leave a few bucks on the table, but you'd rather finish your soda and leave. It's a little social faux pas that most people won't comment on.
Probably prompted the creation of Limewire.
3. Blame Computers. When you download an album illegally onto your laptop, you're essentially* stealing that album. Thank goodness you don't have to saunter into Target, snatch the jewel case, place it in my oversized purse, and whistle tactlessly until you make it to your car!
No, really. Getting your music from the internet makes the interaction feel strictly one-sided: you and the computer. For many people, there's a distinct gap between the virtual world of the internet and the 'real world' that encompasses it. If your computer click causes something catastrophic for another computer user thousands of miles away, you might not care. You probably won't notice, and you can always claim that you had no idea what effect your actions would cause.
No, really. Getting your music from the internet makes the interaction feel strictly one-sided: you and the computer. For many people, there's a distinct gap between the virtual world of the internet and the 'real world' that encompasses it. If your computer click causes something catastrophic for another computer user thousands of miles away, you might not care. You probably won't notice, and you can always claim that you had no idea what effect your actions would cause.
4. It's not a shocker that you probably won't be held responsible for your actions. Regulating what happens online isn't easy, and there are more important crimes that need the attention of the law. Although there are consequences of illegal downloading outlined in copyright law, most people still download illegally. (Most people probably don't know what those consequences are, but you can thank the good people at the RIAA for letting you know!)
Just be thankful, U.S. citizens, that Congress hasn't adopted the British tendencies. Due to start in 2014, British citizens suspected of uploading or downloading media illegally will have to prove their innocence to the media companies accusing them...and also pay a £20 fee. Internet service providers will send warning letters to customers suspected of illegal uploading/downloading, and if customers receive 3 letters in a year's time, they must provide adequate proof that the media in question wasn't obtained / given illegally. For more information on the crackdown, read this Dailymail.co.uk article from June of this year.
The average Joe downloading the latest Katy Perry single probably won't be prosecuted. We all believe this. Maybe that's what makes the well-meaning anti-download ads retrospectively funny.
Just be thankful, U.S. citizens, that Congress hasn't adopted the British tendencies. Due to start in 2014, British citizens suspected of uploading or downloading media illegally will have to prove their innocence to the media companies accusing them...and also pay a £20 fee. Internet service providers will send warning letters to customers suspected of illegal uploading/downloading, and if customers receive 3 letters in a year's time, they must provide adequate proof that the media in question wasn't obtained / given illegally. For more information on the crackdown, read this Dailymail.co.uk article from June of this year.
The average Joe downloading the latest Katy Perry single probably won't be prosecuted. We all believe this. Maybe that's what makes the well-meaning anti-download ads retrospectively funny.
Should we? ...probably not.
I can think of a few good reasons we shouldn't get all the music we want for free besides the whole 'against the law' thing (hooray for white collar crime!)
1. Music is a good. We have this curious system set up in the US where in order to use goods, you have to pay for them. Crazy, right? You pay for the Ipod you play your music on, you pay for the headphones, you pay for the pants that have the pockets that you place the Ipod and headphones in.
2. Most people are not serious musicians. Therefore, spending money on music helps to support the serious musicians who need to pay for new guitar strings and booze and exclusively red gummy bears. Seriously, though. Musicians have a talent that you don't possess, and paying for their creative work shows your support.
3. You buy it = you value it more. In June of this year, 20-year old NPR intern Emily White wrote that of the 11,000 songs in her music library, she's only paid for 15 CDs' worth. [Cracker/Camper Van Beethoven frontman David Lowery's response here] I bet she doesn't listen to most of those songs because she didn't spend the time and money to select and buy the songs individually.
1. Music is a good. We have this curious system set up in the US where in order to use goods, you have to pay for them. Crazy, right? You pay for the Ipod you play your music on, you pay for the headphones, you pay for the pants that have the pockets that you place the Ipod and headphones in.
2. Most people are not serious musicians. Therefore, spending money on music helps to support the serious musicians who need to pay for new guitar strings and booze and exclusively red gummy bears. Seriously, though. Musicians have a talent that you don't possess, and paying for their creative work shows your support.
3. You buy it = you value it more. In June of this year, 20-year old NPR intern Emily White wrote that of the 11,000 songs in her music library, she's only paid for 15 CDs' worth. [Cracker/Camper Van Beethoven frontman David Lowery's response here] I bet she doesn't listen to most of those songs because she didn't spend the time and money to select and buy the songs individually.
Concessions & Closing Comments
1. There are many, many facets of the debate that I didn't touch here. I'm not an economist, a label rep with accurate information, or a musician.
2. Music downloading is popular because it's easy. If you could steal a car with the ease and anonymity that you could steal music, would you?
3. But Radiohead let customers choose how much they wanted to pay for their seventh studio album, In Rainbows! Radiohead is successful enough to make this arrangement work.
4. It all goes to the music executives and record labels anyway. Don't hate someone for being rich. Hating someone for being rich is as immature as hating someone because they're skinny or left-handed.
5. Why should music be free? Is music an unalienable right, akin to liberty and pursuit of happiness?
6. You have YouTube, Spotify, Spotify mobile, Spotify premium on your computer desktop, and independent music stores to support. Aren't you satisfied? ...I won't even mention the radio.9
2. Music downloading is popular because it's easy. If you could steal a car with the ease and anonymity that you could steal music, would you?
3. But Radiohead let customers choose how much they wanted to pay for their seventh studio album, In Rainbows! Radiohead is successful enough to make this arrangement work.
4. It all goes to the music executives and record labels anyway. Don't hate someone for being rich. Hating someone for being rich is as immature as hating someone because they're skinny or left-handed.
5. Why should music be free? Is music an unalienable right, akin to liberty and pursuit of happiness?
6. You have YouTube, Spotify, Spotify mobile, Spotify premium on your computer desktop, and independent music stores to support. Aren't you satisfied? ...I won't even mention the radio.9