OT: RIAA seeks to lower Artists' $$$

You misunderstood what I wrote. I wasn't saying that the CC license was the problem. I said that adopting it would be the solution for the P2P issue. That the current copyrights are the problem. I know that was a tangent, but I threw that in there too, since it is also relevant to the RIAA. And yes, I also noticed the similarities to the OSS (i.e. GPL and BSD ) licenses.

Ah, you're correct, my fault.
 
A non-profit association like RIAA is perfectly legal under all standards, it does not operate as a monopoly as it's not an entity within the market itself, it's just an association that seeks to protect label's interests, wich is completly normal and legal, and blocking it would be inconstitutional. However... if RIAA is used by labels as meeting ground to set market rules between them and price fix, then they are working as a cartel attempting against consumer rights and the free market, wich would mean that there would be strong grounds to disolve it... but that's very unlikely, and not to mention, VERY VERY hard to prove.
Yeah saying you don't want them to exist and making it happen are 2 different things. They do have the right to exist, even though we don't like them.
And you cant apply the CC licenses to music, CC licenses are specially made for software that is expected to be improved with time and is allowed to be so by the original creator, that just doesn't apply for music.
The way I found out about the CC licenses is that a metal band was using one of them. I clicked on the link and saw the specific one they use. I don't remember the name of the band, nor do I still have their website in my history. But, on the CC site, you can see some of the musicians that have adopted these licenses:

Audio - Creative Commons

And I believe that what lady space is talking about are the (forgot their name in english) associations that are delegated by labels and/or artists to collect their royalties from any form of public difution, like radio or even clubs...

And there's stuff like that all over the world...
Good to know! Do we have any here in the US?
 
I'd love for all my favorite progmetal bands gather together and have a website where we can buy their music as a download and have all the money go directly to them(the artists) instead of a middleman
Wouldn't we all?

...as great an idea as this is...

At least if we forget that this would actually become the middle man.
Also as soon as you've reached the point where it actually makes sense for the consumer to make it their first stop...
...Oh, mmm wait, I'll set this up right now...
There's money to be made here! :Smokedev:

If you deem PR unnecessary, well, sure, this is going to work just fine from the get go. If distributors are happier to deal with individual artists willing to pay for their services rather than picking up that neatly wrapped up package Universal drops in their lap, well, no problem.
Not too many bands out there are both willing and able to finance everything themselves. Think about this, how many of your friends, (or maybe even worse, co-workers), do you trust enough to go to the bank not knowing if you'll have a good enough product, or even if you'll have one at all?
Hey, your singer might leave right before you enter the studio simply because you used his microphone for an ashtray. ;)

I do believe that every band really does need a Gene Simmons to be truly successful. (Not necessarily a band member.)
Sadly most musicians, myself included, think of the business side as something of a dark art and sadly I don't think anyone ever got rich by being nice, fair and accommodating.
Heh, I'm not saying that Gene is nasty, unfair and/or incommodating. :)

Still, the concept is nice enough and I wouldn't mind setting it up.
Really, I wouldn't. (...but what's to stop me or anyone else from becoming greedy?)

Note: In general I am not very happy about any, and I do mean any, kind of organization/grouping that gets above and beyond, lets say, 15 people. :)
 
Yeah saying you don't want them to exist and making it happen are 2 different things. They do have the right to exist, even though we don't like them.

Actually I've seen in the past some good arguments to RIAA acting as a cartel and price fixing... it is difficult, but very strong arguments can be made... and even though it wouldn't disolve RIAA... it would very likely mean a HUGE fine and take away a lot of its power.

The way I found out about the CC licenses is that a metal band was using one of them. I clicked on the link and saw the specific one they use. I don't remember the name of the band, nor do I still have their website in my history. But, on the CC site, you can see some of the musicians that have adopted these licenses:

Audio - Creative Commons

Although Creative Commons can indeed be used for any form of creation or art, the main reason I insist that it cant or, better phrased, it shouldn't be used for music it's because waving rights related to commercial and non-commercial distribution, public use, etc you are opening a pandora's box of epic proportions that in the long run would hurt the band...

I know, as a musician, that I wouldn't appreciate my music being used for any kind of public use or it getting commercial distribution without my consent, or giving incentives to commercial distribution without my knowledge making get profit out of my music without paying a cent to me.

For example, a while ago MTV had a contest to promote upcoming bands from latin america, and as I read the contest policy (ALWAYS read the policies and anything you agree to) it said that by being in the contest I was allowing MTV any current or future use of my music por public difusion and whatnot... and knowing MTV, I decided to not participate in such contest, as I dont want my music being used in a context that I might not aprove... so ya know... restrictive rights for music is better... creative commons is great for software as it's something that it's ment to be in constant update and change, but for music? no waaaay.

[quote[Good to know! Do we have any here in the US?[/quote]

Uh there's plenty... go to this wikipedia link, you'll find loads of links to these kinds of agency from all over the world.

Copyright collective - Wikipedia, the free encyclopedia
 
Note: In general I am not very happy about any, and I do mean any, kind of organization/grouping that gets above and beyond, lets say, 15 people. :)

Good thing you didn't plan the wedding then... ;)

Personally, I think we missed out on an opportunity to change the way record companies do business back when the napster brouhaha was going on. Metallica ruined that, though. I don't know exactly *how* it could/should have been changed, but it definitely needs to be. The RIAA and the record companies have too much of a stranglehold on things, and let's not forget the homogeneity that radio has become and include Clear channel in there as well. Phooey on all of them.

Shaye
 
Good thing you didn't plan the wedding then...
;)
Why, yes... absolutely. Good thing!

Personally, I think we missed out on an opportunity to change the way record companies do business back when the napster brouhaha was going on.
It can still be done. Not easily, and I don't think it's likely to happen anytime soon, but it can be done.

Metallica ruined that, though.
To be quite honest I don't think they did. They were part of it but it would've happened all the same.

let's not forget the homogeneity that radio has become and include Clear channel in there as well. Phooey on all of them.
Well, personally I might as well have 'Radio In Sweden Sucks' tattoed on my forehead and I think it might be a somewhat similar situation elsewhere. But lets face it, I'm not one to let someone else chose my music for me so radio would never be my thing anyway.
 
However... if RIAA is used by labels as meeting ground to set market rules between them and price fix, then they are working as a cartel attempting against consumer rights and the free market, wich would mean that there would be strong grounds to disolve it... but that's very unlikely, and not to mention, VERY VERY hard to prove.
...
Is not so unlikely as you think: CD MAP Settlement
 
Too bad that case ended on a settlement agreement and does not address RIAA as the institution, it acts againts its individual members... the initiative was good, but in reality there's still a veeeery looooong road before having RIAA classified as a cartel for price fixing in a court of law..
 
In Sweden I would say it's a reality already. Or actually, not really, it's more or less that bands record the albums themselves. How it's done after that however...

I think the other thing that needs to happen, is labels going outside the RIAA on distribution. Which, I'm not familiar with distribution contracts, or with how the RIAA actually does things. Honestly, if it's going to be something akin to a professional organization (close to a labour union, but not quite), then it needs to be on an opt-in basis, not the way it currently is, as well as using dues to pay the fees, vs per album sold. I can understand the original use of it, but given the huge label conglomerates, is there really a need anymore?
 
Actually I've seen in the past some good arguments to RIAA acting as a cartel and price fixing... it is difficult, but very strong arguments can be made... and even though it wouldn't disolve RIAA... it would very likely mean a HUGE fine and take away a lot of its power.



Although Creative Commons can indeed be used for any form of creation or art, the main reason I insist that it cant or, better phrased, it shouldn't be used for music it's because waving rights related to commercial and non-commercial distribution, public use, etc you are opening a pandora's box of epic proportions that in the long run would hurt the band...

I know, as a musician, that I wouldn't appreciate my music being used for any kind of public use or it getting commercial distribution without my consent, or giving incentives to commercial distribution without my knowledge making get profit out of my music without paying a cent to me.

For example, a while ago MTV had a contest to promote upcoming bands from latin america, and as I read the contest policy (ALWAYS read the policies and anything you agree to) it said that by being in the contest I was allowing MTV any current or future use of my music por public difusion and whatnot... and knowing MTV, I decided to not participate in such contest, as I dont want my music being used in a context that I might not aprove... so ya know... restrictive rights for music is better... creative commons is great for software as it's something that it's ment to be in constant update and change, but for music? no waaaay.

[quote[Good to know! Do we have any here in the US?

Uh there's plenty... go to this wikipedia link, you'll find loads of links to these kinds of agency from all over the world.

Copyright collective - Wikipedia, the free encyclopedia[/QUOTE]
I understand. Thanks for the info!
 
You are welcome man! it's a very complex world that of music business... sometimes someone cant even imagine how complex can things get when you just want your music to be out there for the public.

I for one HATE intellectual and industrial property laws, even though that's part of what I do for a living as a lawyer, it's just one huuuuuuuuuuuge grey area... a good law is an easy to understand and easy to apply one... copyright law are inherently complex and every second, millions of people unconciously break them and out of those, less than 1% are actually of enough economic interest to even discuss them, thus making copyright law an impossible law to apply equally to everyone...

It's so absurd that stuff like whistling a song in a park, cracking them metal tunes in your car stereo, having a party in your house with music, loaning your friends your CDs, burning copies for self use, copying songs into your computer, etc... are copyright infridgement as most copyright laws in the world are written... of course, nobody is going to waste money on actually taking that kind of stuff to court... but it still a copyright law violation...

How good can a law be when every single human being in history have, is or will eventually violate such law multiple times throughout his lifetime... obviously is not us that are in the wrong... it's the law.

But then there's cases like these, where the area turns into a very thick grey.
 
It's so absurd that stuff like whistling a song in a park, cracking them metal tunes in your car stereo, having a party in your house with music, loaning your friends your CDs, burning copies for self use, copying songs into your computer, etc... are copyright infridgement as most copyright laws in the world are written... of course, nobody is going to waste money on actually taking that kind of stuff to court... but it still a copyright law violation...
I don't know how the laws are in the States, but we just got a new copyright law this year in Finland. It is based on the directives settled by the European Union and the aim is to harmonize the national legistlations to provide similar copyrights in all member countries.

The purpose of the new law was not to make people face an impossible situation, where everything concerning playing or copying the music on a legally purchased CD would have been left under the control of the copyright owners, but rather to make clear rules for commercial use of copyrighted music and still leave some room for private people to use and copy leagally purchased CDs and DVds quite freely.
The new law raised a lot of debate about the limits of basic individual freedoms versus copyright owners' rights, but yet it didn't really change much the old laws we already had. The new law left personal freedoms and the very basic rights untouched.

According to the law, none of the actions listed above is an infringement. A person in European Union is entitled to play CDs freely at home or in his car, lend the original CD to anyone and make "a few" copies of it for his own or his family members to use and even give an occasional copy to his friends without violating anyone's copyright.

Then again, playing copyrighted music for commercial purpose of any kind - were it in or outside an enterprise's premises, at a show or gig, on the radio or TV, you name it - is due paying to the copyright owners' association, which is a legal body authorized collecting the fees and delivering the money to the members according to the official regulations and agreements.
 
What about Marillion's business model for the last 2 discs? I don't know as much about the business end of things, but they seem to have taken on virtually everything outside of the distribution themselves (although they do some of that too) and seem to be netting more overall. Granted, the pre-paying idea will probably not work in most instances, but what about the rest of it? Is this the way to go?

MARILLION - STEVE HOGARTH Interview

Marillion: Doing Business With Their Fans