From: tothmd@ucunix.san.uc.edu (Michael David Toth)
Subject: Re: Legality of copying individual songs
Organization: University of Cincinnati
Date: Thu, 1 Oct 1992 04:19:55 GMT

In article <dhills.717877002@sfu.ca> dhills@fraser.sfu.ca (Douglas Martin Hills) writes:
>ajw@cbnews.cb.att.com (andrew.j.whitman) writes:
>
>
>>This is true.  But in the case of sampler tapes, I wonder if the law
>>isn't too restrictive for its own good.  
>
>>For some perverse reason I love putting these tapes together, and I
>>often lend them to people I know for their perverse listening pleasure.
>>Occasionally I even give them away.  And you know what?  I find that
>>my friends often run out and buy the music found on the sampler tapes.
>>I don't know if my experience is typical, but I've found that record
>>companies and recording artists actually make *more* money because
>>I've pillaged a song from one of their albums.  
>
>>But Noel's right - it's illegal.  The correct thing to do seems fairly 
>>clear to me when the issues are taping entire albums or selling pirated 
>>tapes.  Giving away sampler tapes seems less morally clear to me.  I plead 
>>guilty.  I'm just a little mystified by an illegal practice that seemingly 
>>harms no one and generally benefits the parties for whom the law is designed 
>>to protect.  
>
>I too have thought that it was too bad that this was illegal.  This was how
>I got into listening to Christian music -- one of my friends made two mixed
>tapes for me.  After listening to them, I bought most of the groups'
>albums on the mixes, and have been listening to Christian music ever 
>since.  But it's illegal to do this :(
>
Here's what may be a pretty radical Scriptural application here.
"Legalism," the bane of American Christendom, seems to be a misalignment
and overreaction to things that may be commendable in themselves, but
when misprioritized can be a negative thing.  The religious leaders of
Christ's time that were so bent out of shape over the violation of the
Sabbath laws had completely lost the point of why those laws were given
by God in the first place.  And I don't think anyone here would say just
because something's legal, it's moral.

Based on what I've experienced as a music fan and someone who has
friends who record and sell music, I've developed the following
guidelines for *myself*.  

If an album is in print, PARTICULARLY an album on a small (usually
Christian) label, I think it is despicable to make tapes of what you can
purchase/special order.  When you have a small label with a very small
market (for example a blockbuster Christian alternative album probably
sells 15,000 copies, a good seller probably 1/2-2/3 that) anything that
infringes upon sales is detrimental.  When you sell a hundred times
that like an Amy Grant or Michael W. Smith, it still adds up and makes
an impact, but it's not quite as severe.  When you realize that the
copies of Blonde Vinyl, Brainstorm, or Glasshouse recordings you buy are
keeping them that much further from bankrupcy, you start to reconsider
taping stuff.  If these people can't pay the bills, these recordings
don't get made.

And have you ever thought about how miniscule royalty payments are for
a recording that only sells 15,000?  These artists need anything they
can get! 

But a lot of this stuff doesn't get airplay and nobody's heard of it.  I
can't speak for them, but I'd guess that if you were making "teaser"
tapes for your friends to encourage them to support this kind of music,
even if it is illegal, I'd say the record companies would be pretty
grateful.  I also have no qualms about taping material that is out of
print and unavailable -- there are no prerecorded sales to infringe
upon.  I have known of artists though who'd be elated if you sent them a
couple "royalty" bucks if you copied their old out of print music.  

And then there's the issue of imports you can't buy domestically...

I also have no problem with circulating tapes of radio appearances and
live/non-LP recordings.  At least with me, if I'm that nutso to want
that stuff (usually of marginal quality), I've already bought everything
that artist ever recorded anyway.  And I also have this fan mentality
that would much rather own a legitimate copy anyway (I have some of my
favorite albums on multiple formats, usually because of CD reissues).

More important than the copyright laws themselves is the reason they
exist.  And only each of us personally can evaluate how our actions may
affect a record company or recording artist.
 
Michael.



From: rhm@hpfcso.FC.HP.COM (Bob Miller)
Date: Mon, 28 Sep 1992 20:55:08 GMT
Subject: Re: Michael W on Regis and Kathy Lee
Organization: Hewlett-Packard, Fort Collins, CO, USA