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RE: Right..

Posted by WOStantonCS100 (M) on March 23, 2012 at 17:05:23

In Reply to: Right.. posted by Bry on March 23, 2012 at 16:16:41:

That's a nice thought and all; but, it's completely wrong. You don't buy the rights to anything when you buy a CD. If you look closely you will see the wording, "All rights reserved." That means you have no rights to the intellectual property, period. No copyrights, no public performance rights, nothing. Therefore, you can't lose or sell what you do not have rights to in the first place. It has nothing to do with the physical medium you bought and paid for. You will then see, "Unauthorized duplication of this recording is prohibited by Federal law and is subject to criminal prosecution" or something similar and essentially saying the same thing. However, Fair Use means if you want to make a copy for yourself, go ahead... but, don't sell the copy, don't rent the copy, etc. Stay within those confines and you're 100% legal. And, if somewhere down the road you don't feel like owning the original anymore, guess what? That's right. You own the physical medium, you can sell the physical medium. It's that simple. There are no stipulations whatsoever about how long you can keep your copy nor any requirement for you to destroy your copy if you sell the original. All this about you losing the rights to retain the copy is pure fiction. Whether one likes it or not, that is not written or implied not to mention being completely unenforceable if it was. This is why the record industry (bullshit as it is) is pushing downloads (covered by all kinds of DRM) and going back to vinyl (much more laborious to pirate). As for the analogy of the plumber, that is a total crock. The plumber is selling you a service. You are buying his time and expertise. When you buy a CD you are not buying a service. You are not hiring a musician to play for you.

And before we get too bent out of shape, I am a musician... who has recorded an album/CD... which is available as both a physical medium and a download many places online... and I don't give a crap about someone copying my CD and then selling the original. They paid the price of admission and the second buyer of the CD means more exposure for me. Maybe he'll come to a show or buy a t-shirt. ....no, this is plainly and simply about the big money grab. Those who benefit the most from more and more stifling piracy laws are not the musicians. It is the RIAA and other record industry folks who constantly seek new ways to milk those with real creative talents. They are just pissed that we don't have to swim in their pool any longer or abide by their rules, which were and are designed to keep them stoutly and healthily employed at the expensive of the artist. And, if we don't catch a clue pretty soon, all that fake stop piracy stuff will get SOPA and PIPA passed and then we'll all realize just how far up poop's creek we really are. :-)

Edits: 03/23/12 03/23/12

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