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 Forum index » Reviews, Editorials and Commentary » Commentary and Editorials
How would you do it, and what would you do?
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Cyxeris



Joined: Oct 30, 2003
Posts: 1125
Location: Louisville, KY

PostPosted: Thu Jan 15, 2004 5:50 pm    Post subject: How would you do it, and what would you do? Reply with quote  Mark this post and the followings unread

Let's talk for a moment about licensing of music. Let's say that a given artist wanted to simply give their music away. Let's say that they wanted to allow people to download their music off of their website, high quality renderings (be they MP3 or AAC or whatever), and perhaps even an ISO of the entire CD. Let's say this artist wanted to also make CDs available for sale, and wanted to allow open proliferation of their work, insofar as such does not cross the line into unauthorized commercial or broadcast usages. Let's say this artist were you. What would you do concerning "licensing" and such, to help to maintain and protect your rights to the music? What position would you take with regards to this form of distribution and, well, promotion? How would you go about it?

Cyx

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elektro80
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PostPosted: Thu Jan 15, 2004 6:03 pm    Post subject: Reply with quote  Mark this post and the followings unread

Oh... if I wanted to do that.. I would contact some artist org.. and my RM org. I would explain the strategy and make them help me figure out how to write the licence. Then post the licence at the site and have people register before download. The RM org will still collect royalties from like radioplay etc.
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Cyxeris



Joined: Oct 30, 2003
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PostPosted: Thu Jan 15, 2004 6:07 pm    Post subject: Reply with quote  Mark this post and the followings unread

Yes, but let's ponder established and semi-established institutions, in addition to the EULA (basicly). What was that open license thing that we ran across from the Downhillbattle Boyz? It was like a General Public License for intellectual property or something. I'm thinking of a musical analog to the GNU General Public License, of sorts.

http://www.fsf.org/copyleft/gpl.html

Cyx

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mosc
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PostPosted: Thu Jan 15, 2004 6:09 pm    Post subject: Reply with quote  Mark this post and the followings unread

I'm sure you recall this topic: http://electro-music.com/forum/topic-747.html

Isn't this a form of lisence?
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elektro80
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PostPosted: Thu Jan 15, 2004 6:12 pm    Post subject: Reply with quote  Mark this post and the followings unread

There are several out there on the net. On the other hand.. use a standard license. Only differenence is that you are giving away the CDs.. as files.. and not selling them..

But do ask someone who knows..

Many of the alternative licenses I have seen are pretty much political statements.. and not really sensible licenses the way they should have been. You are not giving the stuff away.. in the sense that you want royalties from radioplay etc. and people are not entitled to redistribute the stuff.

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Cyxeris



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PostPosted: Thu Jan 15, 2004 6:14 pm    Post subject: Reply with quote  Mark this post and the followings unread

There it is. Howard the... no, sorry. The... man.

Yeah, that type of thing. I'm pondering how I want to go about this, and what benefits and detractors there are in pursuing and executing various avenues here.

Cyx

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Cyxeris



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PostPosted: Thu Jan 15, 2004 6:33 pm    Post subject: Reply with quote  Mark this post and the followings unread

elektro80 wrote:
You are not giving the stuff away.. in the sense that you want royalties from radioplay etc. and people are not entitled to redistribute the stuff.


Well, in this instance, I would openly allow individuals to copy music and "distribute" the music, or files, to other individuals. The line is drawn at the point where the usage exceeds the boundaries of personal use and distribution for personal use. In the event that the "EULA" and the conditions thereof are violated, I will reserve the right to act.

Cyx

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elektro80
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PostPosted: Thu Jan 15, 2004 6:36 pm    Post subject: Reply with quote  Mark this post and the followings unread

Aha!
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Cyxeris



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PostPosted: Thu Jan 15, 2004 6:44 pm    Post subject: Reply with quote  Mark this post and the followings unread

My motivation is basically thus. I am more interested in getting my work out there and getting people exposed to it and facilitating it's accessability to the highest degree possible and practical. The importance of this far exceeds any interest I have in profiteering and ransoming my work commercially. Sure, I'd like to make a living at it, but let's be realistic here...

Cyx

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paul e.



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PostPosted: Thu Jan 15, 2004 6:47 pm    Post subject: Reply with quote  Mark this post and the followings unread

just give it away freely on a website...no fuss , no muss
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Cyxeris



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PostPosted: Thu Jan 15, 2004 6:51 pm    Post subject: Reply with quote  Mark this post and the followings unread

I want understanding, and I want recourse, expressed from the getgo.

Cyx

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paul e.



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PostPosted: Thu Jan 15, 2004 6:53 pm    Post subject: Reply with quote  Mark this post and the followings unread

understanding about..... Question
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Cyxeris



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PostPosted: Thu Jan 15, 2004 6:54 pm    Post subject: Reply with quote  Mark this post and the followings unread

The precedent.

Cyx

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paul e.



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PostPosted: Thu Jan 15, 2004 6:57 pm    Post subject: Reply with quote  Mark this post and the followings unread

you lost me there
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elektro80
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PostPosted: Thu Jan 15, 2004 7:00 pm    Post subject: Reply with quote  Mark this post and the followings unread

still in the EULA territory? right?
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Cyxeris



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PostPosted: Thu Jan 15, 2004 7:03 pm    Post subject: Reply with quote  Mark this post and the followings unread

I would not be giving it away because that is easier, or because I do not value my work, or do not believe my work has value, or is second rate, or any other such thing.

The point is that it is important enough for me to be willing to forego all the nonsense and such to get it in people's hands and minds, but the hell if I will allow my work to be exploited. I want there to be a precedent, as to why I am doing this. Should I, of course, actually go that route.

I probably will.

Cyx

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Last edited by Cyxeris on Thu Jan 15, 2004 7:09 pm; edited 1 time in total
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paul e.



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PostPosted: Thu Jan 15, 2004 7:09 pm    Post subject: Reply with quote  Mark this post and the followings unread

i have been giving my music away for free on the 'net since 1999..no license or anything..just simply 'free'..

not sure what u mean by 'precedent' in this context

copyright is inherent in a work as is the right to refuse distribution of it..all inherent

a license is usually an agreement that goes above and beyond these inherent intellectual property rights

in your case, give it away with no bureacracy and, if someone does misuse your music for commercial purposes, your copyright is your legal protection

if you want to registyer with BMI or SCAP, you need a publisher , and they can collect royalties

otherwise, just give it all away truly 'for free'

Last edited by paul e. on Thu Jan 15, 2004 7:17 pm; edited 1 time in total
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Cyxeris



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PostPosted: Thu Jan 15, 2004 7:12 pm    Post subject: Reply with quote  Mark this post and the followings unread

I want it to serve as an example, that perhaps this is how it should be done, or at least can be done. To treat is as one would any normal commercial release, with the same level of reverence, but simply not require that people pay for it, as part of my thang.

Cyx

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paul e.



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PostPosted: Thu Jan 15, 2004 7:18 pm    Post subject: Reply with quote  Mark this post and the followings unread

then..just give the music away..as many other people have done and are doing since the 'net grew

tehe precedent is set

seems like you are over-complicating the matter

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Cyxeris



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PostPosted: Thu Jan 15, 2004 7:48 pm    Post subject: Reply with quote  Mark this post and the followings unread

Would it be overcomplicating the matter to submit the work for copyright registration? I mean, if I am giving it away and am not worried about and, in fact encourage, free distribution, why not? Perhaps so that other people can't exploit it and claim it's theirs, or use it for purposes I am not fond of. Similar to how people may choose to exploit my music for commercial purposes in the context of this thread. You copyright your music and you set a precedent saying "I won't be fucked with, and I am making that very clear with this act that I am serious about this, and will not play games."

It's like the Doomsday Machine in Dr. Strangelove.

"Of course, the whole point of a Doomsday Machine is lost if you keep it a secret! Why didn't you tell the world?"

Fair warning.

Cyx

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paul e.



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PostPosted: Thu Jan 15, 2004 7:52 pm    Post subject: Reply with quote  Mark this post and the followings unread

i konow what you are saying...but copyright is inherent..no special registration is needed, but does solidify your position legally that much more

if you REALLY want to protect your work, register it with a performing rights society like ASCAP or BMI and they will track it worldwide

you will need to find a publisher or create your own publishing company. however

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Cyxeris



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PostPosted: Thu Jan 15, 2004 8:00 pm    Post subject: Reply with quote  Mark this post and the followings unread

Not really a matter of protection. It's a matter of sending a message.

"...Why didn't you tell the world?"

Cyx

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egw



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PostPosted: Thu Jan 15, 2004 8:16 pm    Post subject: Reply with quote  Mark this post and the followings unread

If you really want to send a message, all you need to do is put it on the web site and make people read it before they can download the music.
I agree with Sudden - you still have the copyright, as long as you can prove you created the music. And publishing, registering etc. is only if you want to collect royalties.

Put it another way - you can give away CDs with your copyrighted music on them. By doing this you haven't waived any of your rights - any more than if you sold the CDs.
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Cyxeris



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PostPosted: Thu Jan 15, 2004 8:21 pm    Post subject: Reply with quote  Mark this post and the followings unread

I think that I have been rather confusing in illustrating my intentions here...


Cyx

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paul e.



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PostPosted: Thu Jan 15, 2004 8:27 pm    Post subject: Reply with quote  Mark this post and the followings unread

the medium is the message
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