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(Some Guy)   Old and busted: Getting sued for downloading music and violating copyright law. New hotness: Getting sued for playing personal radios too loud and violating copyright law   (custompc.co.uk) divider line 134
    More: Asinine  
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14844 clicks; posted to Main » on 11 Oct 2007 at 12:04 PM (7 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2007-10-11 02:08:59 PM  
I'm a recording artist, and I'm really getting a kick out of these replies....

If this case were in the US of A, it would have nothing to do with the RIAA which is "in charge of" policing the distribution of an artist's recording. This would fall under ASCAP/BMI which licenses *performance* of protected music.

In a commercial setting, i.e., a retail store or yes, even a lawyer's office, playing recorded music at a volume where anyone other than a few co-workers can hear it is considered, by law, a public performance of that song/piece of music, and is therefore subject to licensing.

("Permission for radio and television transmissions in your business is not needed if the performance is by means of public communication of TV or radio transmissions by eating, drinking, retail or certain other establishments of a certain size which use a limited number of speakers or TVs, and if the reception is not further transmitted (for example, from one room to another) from the place in which it is received, and there is no admission charge." Source (new window))

Businesses that play back the radio while you're on-hold is a common example of a mis-understood concept. It is a violation of copyright law for a *business* to use someone else's protected work as part of their business.

"Happy Birthday" is protected under copyright, and any public performance of that song (such as sung to you in a restaurant) must be licensed.

The radio or CDs played on a pizza joints sound system is a public performance and must be licensed by ASCAP/BMI.

A commercial venture doesn't have to license EVERY song that is played. They can purchase a license that will cover all music played in their place of business -- click here for more info (new window).

Have a nice day
 
2007-10-11 02:09:19 PM  
Shamelessly lashing out at everyone and everything as you become increasingly irrelevant.

Jeez, are you the recording industry or the Republican party?
 
2007-10-11 02:10:33 PM  
Okay Okay Okay... quick question.

I saw the 'birthday song' post saying its illegal to sing in public but it says the song is from 1893. Aren't songs over 80 years in the public domain?
 
2007-10-11 02:16:59 PM  
oranjello: That's funny. "UNSST! UNSST! UNSST! UNSST! UNSST! UNSST! UNSST! UNSST!" is usually the noise millertrey's wife makes.

Hmmm... When she's with me, she just breaks into a rousing, shrill rendition of "Ohhhh, Sweet Mystery of Life, At Last I've Found You!".

/sorry, millertrey!
 
2007-10-11 02:21:00 PM  

Keep this in mind the next time someone tries to tell you that copyright violation is stealing.

http://www.wetmachine.com/totsf/item/403

Oncea poor man walked down the streets, weak with hunger. As he passed a bakery, he paused to smell the aroma of baking bread. Hmmmm.....it was delicious. I took another deep breath. Ahhhh. Wonderful. Straightening, he took one last deep breath and prepared to move on.

Before the poor man could move, the baker ran out of the store yelling "Stop Thief!" Siezing hold of the startled poor man the baker shook him roughly and said "Pay thief."

"For what?" Asked the poor man.

"For the smell of the bread." Answered the Baer.

"What?" Said the poor man. "Whoever heard of paying for the smell of the bread? Now if I had taken your bread and eaten it, I would of course have paid. But I have no money, so I merely smelled the aroma of the bread baking as I passed."

"Aha!" Said the Baker. "You admit you went out of your way to smell the aroma of my baking bread. Now let me tell you, I work hard to make the smell of the bread. I rise at four in the morning. I gather the wood for the fire. I pay for the finest flour and the best ingredients. I mix everything just so. Only after all this labor do I put the dough in the oven, where it makes its smell. Yet you would compensate me for none of this labor! Thief, I say. I will not let you go until you pay."

"But you do not do this labor to make bread smell! You do this labor to make bread, which you sell for a good price. In this way are your efforts repaid. The smell comes whether you want it or not. You cannot have the bread without making the smell, which drifts on the wind free as air."

Still the baker would not let him go. "Maybe so, maybe so," said the Baker. "But you did more than just walk by. You stopped to smell the bread. You got benefit from my labor. Why should you not pay."
 
2007-10-11 02:23:36 PM  
millertrey: I just hope my neighbors don't sue for disturbing the peace every time I fark my wife.

only if she starts singing rock me like a hurricane

this industry has its head so far up its a** it's laughable.
as a dj i own hundreds of records that all say "not intended for public use" but public use is the sole purpose of their existence!
all they need is a Creative Commons license.
 
2007-10-11 02:24:47 PM  
Susan Powter would like you to

img229.imageshack.us
 
2007-10-11 02:31:30 PM  
Haha. Idiots. First, if it was a radio station that station has already payed royalties to broadcast over public airwaves. If it was a CD the customer has already bought the rights to listen to it. Great waste of money, ass.
 
2007-10-11 02:34:11 PM  
This really only has legal bearing if customers came to Kwik-Fit soley to listen to the music. Why the hell would anyone go to a tire place to hang out and listen to the radio?

Imagine this conversation:
"Hey, man, let's go to Jiffy Lube to fix my tires."
"fark, that. Let's go to Kwik-Fit. They've got loud radios."
 
2007-10-11 02:34:27 PM  
hudef: millertrey: I just hope my neighbors don't sue for disturbing the peace every time I fark my wife.

No worries! Anyone can tolerate a 2 minute disturbance.


And the two minutes includes foreplay...

/But to be fair it doesn't take long to say, "Brace yerself, woman!"
 
2007-10-11 02:35:13 PM  
Devo: So how does the radio work anyway. Are record companies paying to have their music played/advertised? or are radio stations paying to play the same crappy ten songs? or both?

Both actually. Of course it's illegal for record companies to pay money to have their songs played (payola). But what record companies do is hire promotional agencies (which they own) to pay radio stations to play the songs of their clients. The radio stations still have to pay he royalties per song per play (which are a mere pittance and nothing compared to the royalties the RIAA successfully lobbied to force internet radio stations to have to pay). So the label pays the promoter who pays the radio station who pays the label (but not as much as they get paid). Radio play is just advertising for albums and concerts so the more the song is played on the radio the more albums and tickets are sold and the more money the label makes.

But where does the money to pay the promoter come from? That comes from the artist. It's one of the many many "expenses" that artists have to pay when they're signed to a label that make it so they never see a penny beyond their advance (and in many cases they actually end up owing the label money).

The music industry is shiat. Pure and simple. It's like a lottery. There are hundreds of thousands of musicians but only a handful become obscenely wealthy pop stars. Every musician is convinced that their music is so good they'll become one of the lucky ones if only they get a chance. Until now the means to distribute and promote your music were in the hands of the Big Four (Formerly the Big Five, and formerly the Big Six. Probably soon the Big Three).
The internet and cheap, powerful computers has changed all that. Your average desktop has more power than most recording studios of the 80s and 90s and recording gear is getting cheaper. Any competent band can put together a commercial quality album (very few bands even bother making a demo anymore and choose instead to use their first album as a demo). And any promotional savy band member can use the internet to promote their music.

If you really want to know the secret to being a happy musician it's quite simple.

1) Get a day job you love. Don't go with the "I'll work at pizza hut until I make it big" plan because statistically speaking you have a better chance of being killed working at your day job than you do "making it big". Making it big has nothing to do with how talented and skilled a musician is. It actually has to do with hundreds of factors that are not in the musician's control but in the label's (which is just the way they want it). So assume you're going to be working your day job for the rest of your working life. Assume your day job is going to be your primary means of support for the rest of your life. Get a day job you love.

2) Make your own album. Learn to do all the button monkey work yourself. It's educational and it's actually a lot of the fun in making music. Plus it can be a skill to have. Build your own little studio in whatever space you can find. Garage, basement, attic, spare bedroom. I've seen some very inventive studios built into very small spaces. Also, a lot of old gear is just as usable now as it was when it was the cutting edge. It's also a lot cheaper. One box might not have all the bells and whistles of its modern equivalent but when you can buy 3 boxes to make up for it at less than half the price of one new box you're coming out ahead of the game.

3) Learn to win the internets. There are lots of tools online designed for independent artist. Services that sell an distribute your music like CD Baby and services that help you promote your work. Take a little time and research which ones are best suited to you. It also takes more than simply putting up a webpage to promote your stuff. Learn the subtle art of self promotion, or get the biggest attention whore in your band to do that for you.

4) Stop wasting time pining away because you're not the next biggest superstar. This is the hard one. We've all been raised to believe (because the labels wanted us to believe it) that if we're only good enough then success is guaranteed. This is bullshiat. It's hard to accept but it is. Success depends on so many things outside your control that you'll drive yourself crazy chasing it (let's face it, how many mentally balanced superstars are there anyways). Instead of lamenting your lack of solid gold cutlery instead take joy in the fact that every dollar you make is one less music dollar in the hands of the Big Four and you are part of a growing army of truly independent musicians (not one of those musicians who signs with an "indie label" that is actually owned by someone owned by one of the Big Four) who are each doing their part to chip away at the Big Four. Measure your merits by what you have, not what you don't have. Nobody ever has it all. Learn to enjoy the small victories.

5) Just make the music that gives you the most joy. Don't try to emulate something popular if it isn't something you're enthusiastic about playing. It's cliche but it really should all be about the music. Maybe the stuff that turns your crank only appeals to half a percent of the population. On the internet Buttfark Nebraska is just as close as Tokyo or London or New York City. Half a percentage of the internet is a hell of a lot of people who would really dig your stuff.

6) Every now and then have your significant other pretend to be a groupie and ask you to autograph an intimate part of your body or make a plaster mould of your genitalia. I believe this is self explanatory.
 
2007-10-11 02:43:08 PM  
WTF?
Doesn't any political party in the UK run on a platform which involves the abolition of tv licenses?
In Australia they were abolished in the early 70's.

/Do people in the UK still own black and white tvs?
 
2007-10-11 02:44:28 PM  
eelcat: WTF?
Doesn't any political party in the UK run on a platform which involves the abolition of tv licenses?
In Australia they were abolished in the early 70's.

/Do people in the UK still own black and white tvs?


The TV Licenses helps pay for Dr. Who. so ixnay on the bolishionay.
 
2007-10-11 02:45:04 PM  
Rik01
Is there anything one cannot be sued for?

No, you can be sued for any reason. Being sued is basically one person asking the court to resolve a dispute. The court may take one look at the issue and throw the lawsuit out, but anyone who fills out the forms and pays the fees can sue anyone for any reason.
 
2007-10-11 02:53:01 PM  
Wasn't there some snafu around superbowl time last year where if your TV was over X amount of inches, then it would be illegal to show the superbowl on it without paying some royalties or something like that?
 
2007-10-11 02:54:57 PM  
Hello??!!??!

This is a wonderful tool against noisy neighbors playing music/watching TV at night.

But then whe have that asshole that copyrighted silence. Oh shi...
 
2007-10-11 02:56:45 PM  
Phanatic1A

I believe that the fine for the smelling of bread should be the sound of money.

/riffles bills between fingers
 
2007-10-11 02:58:37 PM  
Sum Dum Gai: Rik01
Is there anything one cannot be sued for?

No, you can be sued for any reason. Being sued is basically one person asking the court to resolve a dispute. The court may take one look at the issue and throw the lawsuit out, but anyone who fills out the forms and pays the fees can sue anyone for any reason.


Dear Mr. Sum Dum Gai.

My name is Ghastly H. Crackers and I am the legal representative of A Mr. Rik01. You are hereby issued this subpoena to appear before the 5th district civil court of Farkistan. My client is suing you for malicious and wanton degradation of his character in a post made on the 11th day of October of the year 2007. My client maintains that on this day you, in an internet message forum, did publicly humiliate him by flagrantly bringing to attention his ignorance in legal matters concerning civil suits. We are seeking $100,000 (one hundred thousand dollars) in damages and $250,000 (two hundred and fifty thousand dollars) in punitive awards.

My client is willing to settle this matter out of court if you will dress up as a ballerina (colour of tutu is at your discretion but a pale pastel is suggested) and perform in said internet message forum the "I'm A Little Tea Pot" song complete with all appropriate gestures and body movements.

Sincerely,
Ghastly H. Crackers
Law Talking Guy
Province of Farkadia
Farkistan
 
2007-10-11 03:00:59 PM  
SchlingFo: Hal B. Sure: Please wait patiently as we loot your bank account.

That will be $7,000.

Thanks.

RIAA


Douché
 
2007-10-11 03:16:49 PM  
So ASCAP comes after restaurants if some garage band plays Freebird or what not and they haven't paid a yearly license correct?

Would the MPAA try to come after you if you created a whole play based on the Matrix?
 
2007-10-11 03:18:57 PM  
rancidPlasma:

Would the MPAA try to come after you if you created a whole play based on the Matrix?


No but you should by publicaly lynched by a mob of people brandishing pitchforks and torches.
 
2007-10-11 03:25:33 PM  
Forgive me if this question has already been answered, but is there some kind of central clearinghouse for independent musicians' music out there that one can access online without having to worry about the RIAA?
 
2007-10-11 04:43:32 PM  
Rik01: Is there anything one cannot be sued for?

It is reported that just before Rome fell, that the Romans had something like a lawyer for every 10 people.

Even in some religious texts if warns you not to go running to a lawyer for every little thing.

Some lawyers have responded to my anti-lawyer posts by chiding me that they serve a purpose to help folks. Of course, this would not be needed if they policed their fellow lawyers who seem to spend every waking hour making everything so complicated that one needs a lawyer.

The Music Industry is going to have to be slapped down and slapped down hard. Music played on a radio is for public consumption, meaning that the radio stations have already paid for the right to do so. It's their job to transmit music to the public.

Suing a store or business for playing a public product, which has already been paid for and would be easily available to anyone in possession of a radio, is ludicrous.

Maybe I need to start filing lawsuits against the RIAA for disturbing my peace and quiet and offending me by selling rap music to these morons who then play the stuff obnoxiously loud in their cars. After all, I don't want their music forced on me, which the record companies are enabling them to do, which makes them directly responsible for disturbing my peace.

The RIAA makes what I consider offensive and abusive music easily available to others, who can then play it loudly so that I can hear it. I do not want to listen to it. Going in public or even sitting in my home means that I can and have been exposed to this material and I would not be if the RIAA did not make and actively sell such content.

With a good lawyer, I'd have the RIAA tied up for decades.


DO IT!
Seriously, do it now! fark them up with a class action lawsuit "Non-retards of the world Vs RIAA". It would be a bullshiat lawsuit but then again they have thousands such on the go already. I could see asking for perhaps a couple trillion dollars from them, for every time someone's been woken up at 2 am by a driver with too much bass and not enough decency driving by. For every time an asshole driver has driven by with his music so loud it rattles things off shelves... Or something.
 
2007-10-11 04:54:30 PM  
eelcat: WTF?
Doesn't any political party in the UK run on a platform which involves the abolition of tv licenses?
In Australia they were abolished in the early 70's.

/Do people in the UK still own black and white tvs?


Most likely. I bet there are also people who own clothes dryers that don't have a vent for the moist air to leave the machine. "There was a war, you know."
 
2007-10-11 04:59:01 PM  
Why is the music industry not run like the book publishing industry?

Publishers are paid to take a product, make a bunch of copies, and sell it - but the author retains all copyright control. Millions of dollars are being made by many publishing houses even without the copyright control. The publishers retain control over what they will publish, even to the point of changes in endings (Robert Heinlein's Podkayne of Mars comes to mind.) But, if the author does not agree to these changes, he or she is free to go to another publisher that will publish their work as intended. The author receives royalties, and, later, after the contract expires, if demand is judged to be there, can even have the work re-published from a different publishing house.

Why can't the music industry be run this way?
 
2007-10-11 05:03:09 PM  
Just get some Vulcans to do some nerve pinching, and the problem is solved.

/couldn't find an appropriate image
 
2007-10-11 05:23:37 PM  
I was in the Dollar General store fartin' around yesterday and I saw some Silly Putty.

I realized that Silly Putty can be used in copying copyrighted newspapers...

Don't buy the Silly Putty!
 
2007-10-11 09:17:14 PM  
Molavian: DROxINxTHExWIND: She'd have to make noise for that to happen.

Are you implying that his wife doesn't make any noise at all?

If that's the case, I have to know why he's married to my fiance.


Sounds like my ex-girlfriend. I might as well have been farking a sex doll. Not only did she not make any noise, she'd just lie there. I know there's no such thing as bad sex, but that was as close as I'll probably get.
 
2007-10-11 10:03:35 PM  
Does that mean we can sue the bros playing LOUD rap music while driving down the street?
 
2007-10-11 10:03:40 PM  
They won't be happy until it's illegal to even hear a song/album until you've already paid for it.

Shocking there's so much piracy going on when the music industry has such a warm, customer service oriented platform going on.
 
2007-10-11 10:16:31 PM  
OH... I *do* believe I called this about a month ago in the thread about the coffee shop hat got hammered for their amateur night.

Thank you, thank you. And for my next prediction...
 
2007-10-11 10:37:42 PM  
Let's get back at the RIAA and stop buying CDs. Wait, I already did.
 
2007-10-12 02:19:24 AM  
Unlike the Onion article posted below, this isn't satire.

RIAA sues radio stations for giving away free music
 
2007-10-12 09:26:44 PM  
leonel: smooshie: What's next, suing people for humming copyrighted tunes? And charging those who hum along with uploading?

Shut up! Don't give them any ideas!


And that is when you should realize that the RIAA and the British PRS are DOMESTIC TERRORIST ORGANIZATIONS!

They are giving you, an average Joe off the street, undeserved terror that you could be a victim of a terrorist-launched lawsuit which would siphon off your savings, confiscate your property, and steal your wages.

If you are being terrorized, then you should petition your government to take proper reaction to smash these wild terrorists, disband their operations, and imprison their members.
 
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