Copyright Law Blog

Free Music Downloads

August 14th, 2009 at 12:42pm Under music copyright

While downloading music is one of the most popular online activities, besides social networking and playing games, there is a lot of information that is not made available to the public at large.

There are a number of serious issues that should be understood when downloading music (which most people overlook) and there are also ways to obtain free music that are simply unknown by the majority of people online.

This is very important when considering the growing trend by the large music companies, of suing individuals who infringe on their copyrights. Court records show a large number of out of court settlements, with fines ranging from $3000 to $5000, and maximum awards in excess of $250,000.

As if the fines and legal issues where not enough of a problem now there is the added danger of downloading music imbedded with spyware and viruses. The need to be cautious in your quest for free downloadable music is evident.

Having access to free music download files means that you can enjoy as much music as you want in your own home whenever you want it. You will find that many musicians are now freely giving away their music as a way to promote themselves and their bands. The concept of free legal downloads means that you have permission from the author or creator to download their intellectual property.

Free music downloads have surged in popularity since the emergence of the Internet and even more so in the last few years. With the advent of iTunes, the mass population has become more accustomed to buying their music from the Internet in the form of single track downloads from membership websites. No longer is it necessary to purchase an entire album when you really only want a single track.

A huge shift occurred and people have moved toward digital media for the ease of use and speed of acquisition that it offers. As such, more and more people have begun to search the Internet for music rather than going to the local record shop.

You can find and use free and legal music downloads from a number of sources and in a number of ways. The key is to be aware of the dangers and also to know what you can use legally and what will get you into trouble.

Music Matters – A Window Into The Asian Music Market

August 14th, 2009 at 06:35am Under copyright act

I’ve been a regular to several of the major worldwide music conferences over the years, from MIDEM (Cannes) and Popkomm (Berlin) to Canadian Music Week (Toronto). These have not only been a great opportunity to meet and do business with companies in major Western markets, but to also gain a true perspective on the challenges and opportunities specific to those markets. So, it was with quite some excitement that I made my way to Hong Kong for my first trip to Asia, and the 4th edition of Music Matters at the Grand Hyatt from June 2-4 ( http://www.musicmatters.asia ).From the start, it was clear that Music Matters has a distinctly different feel from most other conferences, more of what I’d call a ‘family affair’. Unlike other conferences that offer a plethora of simultaneous, often lightly attended, Music Matters sets a unified program followed by all delegates. The message is clear: If you want to understand the Asian market, here is the information you will need. And whereas the other conferences make participants available to facilitate scheduling meetings in advance, Music Matters takes a completely opposite approach. “We want a free-flowing networking event where everyone has access to everyone else in a open format,” explained Commercial Director Stan Ruza.While I was initially skeptical that this would work, it ended up being a nice and productive change, especially for someone looking to build up a broad base of contacts in Asia. I left with as many contacts as I do from other conferences, even though it was much smaller — composed mostly of decision makers from all the major Asian markets: from Tokyo to Mumbai, Sidney to Kuala Lumpur.Japanese NirvanaWhile I learned a lot about the Asian market in those 2 days, the most surprising “revelation” was actually a question: when will the Japanese music market surpass the US for the #1 position? More shocking were the estimates ranging from only 5-10 years.So what exactly is happening to justify this doomsday scenario (at least from the US perspective)? Simple: the Japanese love music, and are still more than willing to pay for it, whether old or young. Kei Ishizaka, CEO & Chairman of Universal Music LLC Japan and RIAJ (Recording Industry Association of Japan) Chairman presented some facts in his opening keynote “New Strategies & Opportunities in Japan” that might make some in the West red with envy:* Digital sales in Japan have increased from 7.5% in 2005 to 20% in 2008* Mobile is the driver, accounting for 89% digital sales in 2008* Note that this is a slight drop from 94% in 2005, credited to iTunes Japan which, accounts for 50% of online sales* Japan is the only music market where digital sales have made up for losses in physical sales – that is until 2008, when physical losses appear to be outpacing the growth of digital sales* Japanese music consumers appear relatively price inelastic, with a willingness to pay the highest prices of any country for music: up to $4/ringtone and $30+/CD album* The Japanese music industry is still a hit-driven onePerhaps most importantly, the Japanese music industry has not abandoned its most profitable customers: those over 40. The dirty little secret in the US is that according to Soundscan, CD sales have fallen faster amongst those over 40, largely out of neglect by labels focused on the youth market. The Japanese music companies on the other hand, have consciously developed products for the over 40 demographic, which (i) do not download music and (ii) are willing to pay big bucks ($30+) for a high-quality CD (ie music, packaging…).This is not to say that Japan is a complete musical nirvana: more music was acquired via illegal means (407 million tracks) than legal (329 million tracks) on mobile platforms. In 2006, the RIAJ sent over 220,000 takedown notices, and have since filed criminal charges against mobile BBS (Bulletin Board System) site operators. But despite these challenges, the Japanese market has been growing non- stop, with the exception of 2008 when it recorded a measly 3% drop in sales, which is not generally viewed as a trend for the coming years.Get Me A Piece Of That Pie!By this point, you’re probably trying to devise ways to grab of a piece of the Asian pie. Think again! You’re still more likely to make it in the US or Europe than earning any yens or yuans. Just like the Great Wall of China, the Asian market presents nearly insurmountable challenges for even the most savvy western artists.First, the Asian market is completely dominated by local repertoire. Japan is actually one of the more accessible markets, with international repertoire accounting for a little over 20%; though, this has been decreasing over recent years. Look outside of Japan and the numbers are downright depressing. Take the fastest growing markets such as Malaysia, Indonesia, India and China; and their local repertoires accounts for nearly 99% of total.Put simply, Asians want music that they are culturally/linguistically comfortable with and can relate too. Of course there is Hip Hop, Pop, and Rock throughout Asia, but it is all sung in their respective native language, with their cultural nuances. This is in complete contrast with the West where English is, for all intents and purposes, a necessity to become an international star, whether you’re called Shakira, Bjork or The Scorpions.In addition, Asia has no long-tail effect. It is still a hit-driven market, which tends to play against foreign acts. The general consensus among conference speakers and attendees appears to be that Asian consumers are just too busy working to go hunting for new music, to listen to podcasts, or to endlessly surf social media sites.As such, Asian consumers are much more ‘captive’ to recommendations and editorial leads than say the US, where we have a proud tradition of bin-diving for that rare LP – wasn’t the old Napster and today’s MySpace simply the digital shape of this art form? The fact that mobile drives music consumption as opposed to the net, has some part to play in this as well. For the same reason, all-you-can-eat subscription services competing with iTunes are not likely to gain a sufficient subscriber base despite the markets’ sizes.But let us say, for argument’s sake, that you do develop some recognition in an Asian market. How do you expect to generate money from it? You’ve all heard of the scourge of piracy in Asia, so I don’t want to rehash the topic. Let me just leave you with this fact from Google China’s Bin Lin: of the 7,000+ music services in China, only 0.1% of their offerings are legal downloads.Licensing isn’t much help either. Unlike North America and Europe, where Performing Rights Organizations (PROs) have a long history, collection agencies are relatively young in Asia and have yet to get a grip on the digital market. As a consequence, there is a lot of mistrust between publishers and PROs, which significantly hampers licensing opportunities. If one takes the Indian market for example, where 70% of music consists of soundtracks (courtesy of Bollywood), music labels have been collecting all relevant rights until recently.Even the mature Japanese market has its eccentricities, such as songs being available free of sync licensing for commercial purposes up to one year after its release. As a consequence, success in the Japanese market may well depend on a willingness to waive sync rights for commercial use, representing an important way to break a song, explained Kimitaka Kato, Universal International Managing Director.Are You Depressed Yet?Frankly, I’m not! My recommendation is too look at the Far East as the Wild West: full of opportunity for those with the patience and guts too tough it out. The first lesson is that you are nobody unless you are here. Thus I made the trip to Music Matters and then to Beijing, where I met a successful music pioneer, Kenny Bloom.Bloom, who was kindly referred to me by NARIP’s (National Association of Record Industry Professionals) Tess Taylor, came to China over 20 years ago to launch Warner Music. He now runs Mogo (www.mogo.com.cn), one of the coolest video sites in China serving the young, hip (undeserved) Chinese urban youth. So why is he still in China with everything I previously mentioned?(i) China has the largest internet population (around 300 million, ie, the entire US population)(ii) Around 80% of Chinese internet users are music consumers (240 million)(iii) Music was the #2 search term for the last 3 years(iv) At $50 billion annually, China is now the 2nd largest advertising market (It just recently surpassed Japan for the #2 position)He also has a different take on the Chinese consumer. According to Bloom, it’s not so much that the Chinese are busier or harder working, but that they are in an underdeveloped media market. Media in China (TV, radio and to some extent the internet) is directly or indirectly controlled by the Communist government.As The Economist recently noted “the proliferation of channels for media, information and entertainment offers unbounded scope for the [Chinese Communist] party to get its message across, abetted by commercial operators.” One consequence of this is the sanitizing of media in order to appeal to a national audience that includes rural peasants as well as urban dwellers. It’s a process not unlike our over-conglomeratized radio or broadcast TV markets, which is suffering from competition by more original and niche programming on cable, satellite and the internet.The upside is that this presents unique opportunities to serve the growing chique urban class, which the centralized media market is incapable of satisfying; a segment Bloom estimates to be 40 million and growing. By serving this high-value segment with high-quality, original video programming, Mogo is able to attract big-name brands such as Converse that place a premium on this demographic. To some extent, Mogo is trying to do for China today what MTV did for the U.S. in the 80’s.Another Beijing-based company to watch is Yobo Music (www.yobo.com), a recommendation and discovery site for music. Its founder Allen Guo was perhaps the most eloquent at Music Matters on the need to offer Chinese consumers a variety of models and services that enhance their music experience. Only by meeting the various needs of different consumer segments — as the Japanese music market has done so successfully — will alternatives to piracy be sustainable.Future revenues will be driven by value-added music services rather than easily pirated downloads or ringtones. And while advertising may seem a panacea to many in the U.S. and China (did I mention they are the 2 largest advertising markets), Allen noted some success by Yobo Music with other revenue models such as micro-payments and music gifting.The Silver LiningIn the end, the Wild West was tamed and I believe the same will happen with China. America in its first 50 years was home to pirates (ie., privateers) and some of the worst copyright/patent infringers of the time. This is part of what lead to the growth of the young, scrappy republic. But as it matured, and itself became more of a creator/innovator, America began to place increasing value on protecting copyright/patents.The same will be true for China. As Bloom noted, “How do you expect a people that had no concept of private ownership 10 years ago to understand, let alone value, something like copyright?” In other words, not only has copyright been a foreign concept, it would have been counter-productive to the country’s development. But as it begins to export more cultural goods and develop new patents, that trend will reverse as surely as it did in the US. The only question is whether it can put the genie back in the bottle when the time comes.I happened to arrive in Beijing on the 20th anniversary of the Tiananmen Square incident. Sure enough, I could not access Twitter or YouTube, and any coverage on foreign TV channels, like BBC were blocked by a blank screen. Once the Communist Party determines that copyright is something worth putting the effort towards protecting, I wouldn’t give those 7,000+ so-called music services much of a chance.

Canadian Music Laws – All Talk With Little Substance

August 13th, 2009 at 12:43pm Under copyright law

Music software firms have got together in Canada to try and cut short the burgeoning free peer-to-peer music sharing in its tracks. They have succeeded in getting some legal and tax concessions in support of their cause. Take a look.

There is much talk that peer-to-peer is music download is responsible for declining music sales. While there may be some amount of truth to the statement, a large part of the decibels raised may well be due to good old plain rhetoric. Industry numbers suggest that the popularity of latest gizmos like DVDs, retail chain distribution changes, and reduced prices of CDs in the retail market all have been playing their own role in the so-called woes. The woes themselves may not be entirely true themselves, as the music industry has seen fair amount of growth in recent years.

It can also be said with reasonable surety that Canadian artists’ royalty losses have been offset by the private copying levy system. The Canadian Private Copying Collective alone has collected millions of dollars over the past few years with much of that revenue earmarked for Canadian artists.

Laws that require people to pay for simple music software goodies like the popular iTunes have the potential of nipping a nascent industry in the bud. Whereas Apple iTunes may well be able to survive the pressure by using its deep pockets, smaller players may not be so lucky. Copyright rules require music download industry to submit more than 40% of their revenue to the collectives.

Incredible as it may seem, even the 40% of gross revenues as envisioned by these tariffs may not cover all the rights that are associated with commercial music download services. It remains well within the realm of possibility that other groups, including collectives representing music performers and producers, may come forward to demand their piece of the cake by further cutting into online music services’ revenues.

While the well established players have settlements that have been well negotiated to their advantage with the record labels, it is the development of a viable economic model that the future growth of the industry depends on. The much maligned peer to peer downloads are actually already subject to a fair amount of compensation through the levy on private copying. The actual threat lies elsewhere – the collectives that essentially are poised to capture a very large share of the tiny market.

For tariff options, the webcasters and the online games industry are the ones in limelight. Others have been eyeing the multi-million online sharing music industry. As much as 25% of revenues, however, continue to come from the online websites that offer music sharing with free music software. The reproduction rights over online music are also being targeted to generate additional revenue in this vast field. Audio webcast sites that feature content similar to conventional radio stations, as well as from established radio stations that webcast their signal also well in the line of fire. Of course, there are different rates of taxes for different online services – varying from five percent to as high as twenty-five percent.

Be sure to be familiar with the laws before you go for the next download. It will help you stay out of trouble and keep your worries at bay. Best wishes, and happy downloading!

Technology That Stops Illegal ‘copyright’ File Sharing

August 7th, 2009 at 06:42pm Under music copyright

SafeMedia, the preeminent provider of “Clouseau” a P2P Active Denial Network Security Appliance announced today it has expanded its reseller channel through an agreement with Systems Design & Support Inc (SDSI).

“Systems Design & Support’s corporate clients will immediately benefit by having complete protection against P2P network risks. SafeMedia is confident SDSI’s extensive network design and implementation expertise will be the foundation on which SDSI expands its offerings of the best solutions available, by leveraging SafeMedia’s technology as a leader in P2P Active Denial Systems,” said Bill Weiss, Vice President Sales.

SafeMedia’s innovative network appliance protects clients from P2P security risks and legal liabilities created by “infringing P2P networks”. SafeMedia’s advanced architecture, utilizes Dynamic Profiling and Adaptive network pattern recognition, which can run on any network, regardless of type or speed, resulting in far more scalable processing capacity. Clouseau can be easily deployed across all industry segments. Protection from P2P security risks was not available through firewalls or other security systems until SafeMedia introduced “Clouseau”. “Clients will immediately reclaim network bandwidth, reduce network congestion and eliminate theft of confidential data from inadvertent file sharing. Clouseau will also reduce non-business streaming activity which can threaten the integrity of VoIP communications,” said Norman Landerman, Director of Sales for Systems Design & Support.

About SafeMedia

SafeMedia is a global technology leader that has developed portable and scalable P2PActive Denial Systems to monitor, detect, intercept, capture and deny all illegal sharing of copyrighted digital files from P2P networks, encrypted or non-encrypted, without any measurable latency on the network. SafeMedia’s technology is the only technology available to immediately stop all digital copyright infringement from P2P networks and protect user from inadvertent fill sharing security risks

http://www.SafeMedia.com

About Systems Design & Support Inc.

SDSI has provided networked solutions to businesses of all sizes for over 10 years. All SDSI systems engineers’ have industry certifications including MCSE, CCNA, CCDA and others. SDSI’s solutions cover all areas of networking technologies including Voice over IP, Microsoft Server platforms, routing, and security.

http://www.net-sdsi.com

Ten Things You Might Not Know About Sheet Music

August 7th, 2009 at 12:41pm Under music copyright

1. A Book of Music Is Not Technically Sheet Music
The American Heritage Dictionary defines Sheet Music as “Compositions printed on unbound sheets of paper”. So books of music script would not (technically) be classed as sheet music.
2. “Sheet Music” Was The Title of an Album by 10CC
This was the second album written by 10CC which reached number nine in the UK album charts, and number eighty one in the USA. The 1974 release by the Manchester (England) band included the singles “The Wall Street Shuffle” and “Silly Love”.
3. Sheet Music or Score?
These two terms actually mean the same thing, as score is the more generic description of Sheet Music. There are several types of score including “full score”, “miniature score”, “piano score” etc. Score can also be used to refer to incidental music written for a play, TV or film.
4. The First Printed Sheet Music Book Appeared in 1457
The “Mainz Psalter” was the first book printed to include music notation. It was printed in Mainz, Germany but still had to have the notation filled in by hand!
5. The First Machine Printed Music Appeared in the 1473
The first sheet music publications printed on machines didn’t appear unitl 1473, almost 20 years after Gutenburg had invented the printing press. Before this most sheet music was written by hand! This was essentially when the Music industry as we know it began.
6. Chappell & Co Were Founded in 1810
Chappell and Co were founded in 1810 by Samuel Chappell, Francis Tatton Latour and Johann Baptist Cramer. They started by selling and publishing sheet music. It was only later that Chappell & Co began selling the pianos that they became so famous for. Chappell & Co now operate as two separate companies; the publishing company “Warner/Chappell Music”, and the music retailer “Chappell of Bond Street” (on Wardour Street, London).
7. Manuscript Paper is the Blank Form of Sheet Music
Manuscript paper is blank sheet music pre-printed with (typically) two sets of six staves on a line, marked with a “Clef” to indicate the key and pitch of the piece of music. It is sometimes referred to in the USA as “staff paper”. Manuscript paper can also be used to notate music for drums and guitar tablature! You can get hold of a blank piece of sheet music here: http://www.visionmusic.com/manuscript/paper.html
8. The Earliest Piece of Sheet Music was from 1400 BC
Clay tablets (transcribed by Prof. Anne Kilmer in 1972) containing the cuneiform signs of the Hurrian language contained a completed hymn with both words and music. The hymn related to the Moon God’s wife Nikal, and included instructions for vocals and harp.
9. Tablature Tells You Where To Put Your Fingers
As apposed to the traditional notation of sheet music, Tablature (or Tabulature/Tab) transcribes the music with the placement of fingers written as numbers. It is usually written for fretted instruments such as guitars, but can also be used for percussion and some other instruments.
10. Free Guitar Tabs Sites Are Not All Legal
But don’t worry, it is the websites themselves that are the only ones to be concerned. As of Monday December 12, 2005, distributing free tablature of copyrighted music using the Internet is considered illegal by the international music industry.
Several free tab sites were shut down in 2006 as a results of legal pressure from music publishers including MXtabs.net (now back online as a legitimate resource), and also Guitar Tab Universe who later re-launched as “Music Student and Teacher Organization” (MuSATO) claiming that as an educational resource they were not longer in breach of copywrite. The music industry maintain their opposition to free tab download websites.

Download Music Things to Consider

August 7th, 2009 at 06:42am Under music copyright

If you are a music lover and have not jumped on the bandwagon to download music online, you are missing out. It is simple and cost effective to download music online, regardless of your taste in music. While this is great news for music lovers, the problem is that there is an overwhelming amount of websites from where you can download music. With so many websites to choose from, it is difficult to know which website to select. Consider the following tips when picking out a website to download music so you are sure to find the best website for you and your music needs.
Free Downloads are Not Usually Best
Most people who want to download music first look for a website that offers free music downloads. Unfortunately, people who download music from free sites usually experience a number of problems, including a limited catalog of songs to choose from, terrible sound quality, slow download speeds, downloads that never fully go through, and opening up their computer for hackers, spyware, adware, malware, and virus attacks.
Most free music download websites are file-sharing websites where users open their computer up to other users to download music from. Opening up your computer to others is dangerous. When something can be downloaded, something can also be uploaded. This means, when a user taps into your computer to download one of your songs, they can also upload a number of harmful things that could crash your computer.
In addition, free music download websites are usually illegal due to copyright violations. Unless you are comfortable with the potentially dangerous situations of giving people access to tap into your computer and having illegal files stored there, free is not usually best.
Downloads vs. Streaming
There is a difference between downloading and streaming. With streaming, you simply click onto the music website and listen to music played from the website. The music is played live and you can usually select which songs you want to hear.
When you download music, you actually copy the music file from the website into your computer where you save it to your hard drive. Downloads offer you the convenience of listening to music whether or not you are connected to the music website.
Downloads can also be different from each other. Some music downloads protected by digital rights. Even after downloading, you are limited in what you can do with digital rights protected music files. You cannot usually burn these music files to a CD or transfer them to some other sort of copying device, such as a USB memory stick.
Permanent downloads, where you have full rights, allow you to burn the music onto a CD or a portable music player. This means you are not limited to listening to music straight from your computer and offers you the ability to listen to your download music anywhere.
If you plan to start a music collection or want to take your music with you, permanent downloads are the best option for you. If you just want to listen to music while working on your computer, streaming is your best bet. Many websites and radio stations even offer streaming music free.
Other things to consider when choosing a website to download music include:
Lifetime membership fees, subscription fees, or pay per download fees
Free trials and music samples
Technical support and customer service
Free software for downloading and burning
An easy to use format with clear instructions
Safety from adware, spyware, malware, hackers, and viruses

Is There Such a Thing as Free Music Downloads?

August 4th, 2009 at 12:43am Under music copyright

A music download is a song or album available for downloading on the Internet. Downloading music first became popular with file sharing technologies such as peer-to-peer networks, with people breaking copyright laws by not paying for any of it. The Recording Industry Association of America (RIAA) claimed that this practice was hurting the music industry, and a series of law suits led to many of these networks being closed down.

With the popularity of portable audio players, interest in free music downloads is understandably high. While some newer artists welcome free music downloads, more often than not established artists do not give their music away. Free downloads on the Internet are therefore normally relegated to artists looking for exposure. The primary method used to acquire free music downloads of well-known artists is via peer-to-peer (P2P) network sharing programs. However, there is a legal catch.Technology Used:

• Peer-to-peer network is a communications environment that allows all desktop and laptop computers in the network to act as servers and share their files with other users on the network. Peer-to-peer networks are quite common in small offices that do not use a dedicated file server, and client versions of the Windows, Mac and Linux operating systems allow files to be shared.

• If set up properly, folders are made sharable for read access only and not write access. This allows network users to copy files “from” the shared folder, but not write “to” the shared folder. In addition, they cannot alter the original files in place, unless, of course, the shared folders are assigned a “read/write” status.

• There are several major issues surrounding file sharing. Of these, the two most important are centralization vs decentralization and the privacy and anonymity of users. The latter takes on added importance when the legality of file-sharing is challenged by some copyright owners. A third issue is the collection and sale of data about users, using software referred to by its detractors as “spyware”.

The vast majority of songs downloaded are the property of artists who have not agreed to offer their legally protected music for free. The artist receives no compensation for free music downloads, and many, if not most artists and labels view P2P sharing as tantamount to stealing. It is no surprise then, that P2P free music downloads have created a legal uproar.

Free music downloads have been widely disputed on both sides. Downloading an artist’s work on P2P networks without consent of the artist or label can result in monetary damages or jail time. While file sharing networks are free, each user must decide whether he or she wants to risk these consequences in order to download many of today’s popular songs for free.

Free Ipod Music Download

August 3rd, 2009 at 06:43pm Under music copyright

There are many websites popping up all over the internet today that promise you can download legal free music for your iPod. But are they being honest with you? Although there are plenty of sites offering free iPod music downloads, most of these sites are illegal and could be violating copyright laws if you download music files from these sites.

There have been plenty of reports in the newspapers and on the TV recently where people who have had lawsuits filed against them by the Recording Industry Association of America (RIAA) for downloading copyrighted songs to their iPod or PC. These people have ended up being forced to pay thousands of dollars in fines just because they decided to download a few songs for free.

However there is a way in which you can download legal music for your iPod that is almost free.

What you will need to do is find a membership that lets you download as many songs as your iPod can hold for a small one time fee and is legal. This is much better than paying 99 cents every time you download an mp3 file. In the long run, it is more cost effective.

Normally these sites will charge you a one time fee which provides you with a life time membership to their site and includes unlimited downloads. Usually the cost is affordable and cost less than $50.00

You will also find that with these iPod music download sites, they offer a wider selection of music, in fact music from every genre. They also offer their customers technical assistance if they have problems with downloading music at their site just at the touch of a button. It is also safer as the files are certified free of spyware and viruses.

If you are looking for free ipod music downloads, why not try these iPod music download sites?

Music-industry Expert Moses Avalon Launches Groundbreaking Portal

August 2nd, 2009 at 06:42am Under music copyright

Leading music-industry expert The Moses Avalon Company announced the launch of an interactive educational portal based on its successful Confessions of a Record Producer live-workshop series. Confessions Workshop On-Line contains 11 lessons, containing subjects ranging from copyright and royalties to new developments in digital distribution, music piracy, and the iTunes model. There is also an extensive library of Q&A compiled from years of live workshops and a link to ask Mr. Avalon direct questions. The only music-business workshop in the nation accredited by the California Bar Association, Confessions Workshop On-Line makes it simple for artists, songwriters, producers, and others to view the program anytime, anywhere.Superstar producer Rob Chiarelli (Christina Aguilera, Will Smith) describes it as “the most well thought-out, articulate, and comprehensive workshop ever conceived. Absolutely the best”. Other industry pros’ comments have echoed this sentiment. “With so much change in the music industry lately and more artists using unconventional methods to further their careers, Confessions Workshop On-Line is the perfect tool for them to stay informed and empowered about their rights in a contract and their business in general”, says CEO Moses Avalon, “This is like having 24/7 access to a music-industry expert at your beck and call. Considering today’s economy, it’s far better than traveling to a live workshop or spending thousands on a music-industry college class.”For more information, visit http://www.confessionsworkshop.com.About The Moses Avalon CompanyFor over eight years, the Moses Avalon Company has offered a wide array of products and services for those interested in learning about the music business. From platinum-selling recording artists and producers to the US Senate Judiciary Committee on Record-Industry Accounting Practices, countless knowledge-seekers have sought the company’s expertise on the ins and outs of the ever-changing business of music. Services include music-industry contract analysis and consultation, dispute resolution, expert-witness testimony, and the ever-popular Confessions of a Record Producer live workshop, based on Mr. Avalon’s best-selling book. The workshop, the only one of its kind to offer CLE credits to practicing attorneys, is also available online at www.confessionsworkshop.com. For more information, visit http://www.mosesavalon.com.About Moses AvalonMr. Avalon began his career by producing and engineering records for several major and independent labels. After noticing that all the “how-to” books on the music industry were written from a formally-legal perspective and thus inaccessible to musicians, he took a more informal, real-world approach when writing his first best-seller, Confessions of a Record Producer: How To Survive the Scams and Shams of the Music Business. The book is now integrated in over 40 colleges’ curricula and the inspiration for a successful live workshop and online education portal. Mr. Avalon remains an active lecturer around the world, popular blogger of Moses Supposes, frequent guest at Bar Association events, CEO of The Moses Avalon Company, and author of two other books on the music industry.

Is Downloading Music For Free a Bad Thing?

August 2nd, 2009 at 12:35am Under copyright act

Many people listen to free music by downloading it through various means and the main reasons for doing this have always been convenience, speed and cost. It is true that it is cheaper to buy a digital track from an online vendor than a CD single but most believe that music is still simply too expensive.
People have been complaining about the price of CDs since they were invented and although the record industry has now embraced the idea of selling digital music tracks, they still insist on charging high prices for the privilege.
They want people to believe that the prices they charge per track are a good deal, but buying 10 or 15 tracks for download is often the same as the CD equivalent and the quality is inferior. Not to mention the fact that they have no reproduction, packaging, or distribution costs.
It is primarily because people have repeatedly been disappointed for so many years that they want to download and listen to fee music first before deciding whether to buy it or not. This is why the P2P culture has blossomed in the way it has and people are able to choose more wisely because of it.
The general opinion on music file sharing from the aspect of the record companies and their representatives is that it is something which will ultimately destroy the industry if it isn’t stopped. They want us to think every time someone downloads a track, they have lost revenue and this will lead to reduced investment resulting in poorer music and fewer new artists.
But there is more new music emerging now than ever, really good bands and artists from a wide variety of genres that contradicts what the record industry says will happen if you listen to free music. This supports the opinion that file sharing serves as a free global distribution channel helping bands reach a wider audience and build a larger fan base.
As a result they can spend less on marketing, sell more concert tickets and merchandise, and be in more demand for interviews and appearances on TV or radio. It is also likely that they will sell more albums too as it has been shown time and time again that file sharers not only listen to free music but buy more than any other group.
Quite a few recording artists, mostly independent, have been experimenting with various downloading technologies and have completely embraced the distribution capability that it gives them, so they want you to listen to free music. Many worry in fact that courtroom success in shutting down these networks by agencies such as the RIAA and BPI will eliminate the very technologies that are providing them with a more level playing field.
If the record companies looked at the bigger picture they might see that every time a track is shared it is the popularity of that artist and therefore their overall value that has increased. Marketing through file sharing takes full advantage of the viral nature of the Internet and allows an artist to be more independent, benefiting more from their work. But the record companies don’t want you to listen to free music, they want complete control of it all and how it is distributed.
And don’t forget that if you purchase a track from iTunes, eMusic or any other downloading site, you will not have the right to sell it in the future like you do with a CD or DVD.
Laws such as the DMCA (Digital Millennium Copyright Act), the proposed IPPA Intellectual Property Protection Act) in America, and DRM (Digital Rights Management) on legally downloaded files seem to show the rights of the big companies are increasing while the rights of the individual diminish, which is the exact opposite of why copyright law was originally introduced.
It is traditional however that the entertainment industry will try to fight off anything new and oppose innovation. The most recent examples include the fight against VCRs, CDs, and MP3 players. Every time though they come to realise the value of these technologies for themselves and magically start to embrace them. So just do what you think is right, you don’t always get what you pay for.