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Oh my god. I said something out of emotion. Please. Sue me.

Seriously, the fact that you're so preoccupied with me saying that I don't want to pay for music, it's really unnecessary. Stop.

Just about everyone I know around my age or younger stopped paying for music along time ago. I hardly ever buy music as it is. And I also rarely take any music from the Internet. In fact when I do, it's usually for a video project. You're so concerned over this. It's actually sort of interesting.
I think you mistake my first-hand experience and readily available knowledge with preoccupation. I'm an editor and I work with rights-managed materials all the time (especially on historical documentaries) so I can ramble on about this stuff pretty much at the drop of a hat. I also prefer to give reasonably detailed responses when I can because I find it more helpful than being curt and/or ambiguous and, quite honestly, I think the Industry is fascinating especially with all the changes that have been taking place the last 10-15yrs. Many things have changed, but many net results remain the same.

Overall, I don't really care what you do or don't do as an individual, but the topic at I find very interesting.


Lethal
 
I think you mistake my first-hand experience and readily available knowledge with preoccupation. I'm an editor and I work with rights-managed materials all the time (especially on historical documentaries) so I can ramble on about this stuff pretty much at the drop of a hat. I also prefer to give reasonably detailed responses when I can because I find it more helpful than being curt and/or ambiguous and, quite honestly, I think the Industry is fascinating especially with all the changes that have been taking place the last 10-15yrs. Many things have changed, but many net results remain the same.

Overall, I don't really care what you do or don't do as an individual, but the topic at I find very interesting.


Lethal

So when I make a video and I get a song from let's say Audio Jungle. Do I buy that song in my name or the client's name?
Furthermore, what if the licence was for web video and the client put it on TV; would that be my fault or theirs?
 
I think you mistake my first-hand experience and readily available knowledge with preoccupation. I'm an editor and I work with rights-managed materials all the time (especially on historical documentaries) so I can ramble on about this stuff pretty much at the drop of a hat. I also prefer to give reasonably detailed responses when I can because I find it more helpful than being curt and/or ambiguous and, quite honestly, I think the Industry is fascinating especially with all the changes that have been taking place the last 10-15yrs. Many things have changed, but many net results remain the same.

Overall, I don't really care what you do or don't do as an individual, but the topic at I find very interesting.


Lethal

As a filmmaker myslef, I take the issue very seriously. Making money from my films is important. And the film industry doesn't have the same ticket sale/merchandise revenue stream to fall back on that the music industry does. Sure, those might be great for George Lucas, but for a film like The Hurt Locker, DVD sales are their bread and butter. And so I sympathize for people like Kathryn Bigelow when their bottom line is cut by people downloading illegaly. It's a shame that artists see their proceeds diminished.

But the record companies? The film studios? I can't respect their position because of the way they've chosen to deal with the situation. I can't respect people who do things like this and this and this.

You can't find just a few people and make them pay for everyone else's crimes. That's pretty much what they're doing. You can't give one murderer 2000 life sentences and then just let all the other murderers go free. People have argued, "Yeah, but they can't find and arrest everyone." But guess what? That's not your problem. It's their problem. A cop can't pull over every car, but that's not my problem either. If he pulls me over, he can only give me a ticket for what I did. He can't ticket me for every car on the road.

If technology is becoming a threat to their industry, and if they can't keep up and can't evolve with it, then they die out. This is a capitalistic society. People will still make music and the world will go on. The business structure of the record labels is terribly outdated as it is. It's been said that the old powerful railroad companies of the 19th century would still be around if they just realized that they weren't in the railroad business, they were in the transportation business. Instead of competing with cars, they should have been building cars. Well if the record industry wants to survive, they need to realize that they aren't in the record business. They're in the music business, and they need to evolve. Records (well, CDs) just aren't cutting it. One big first step was embracing iTunes (as well as it's competitors). That was good. Now it should be the music industry that is developing and financing things like Spotify, as alternatives. Today a lot of young people don't even see the point in illegal downloading because they just pay $5 or $10 a month and have nearly every song ever created on their iPhone, Android, iPad, PC, wherever. I know a lot of people who never use anything like iTunes or Winamp. Today things like Pandora, Spotify, Last.FM, and Turntable are wildly popular. People are streaming and seeing less of a need to own their own (and therefore illegaly download) music. It's really pretty amazing and it's a much better way of dealing with the problem.

And regarding event videography specifically, the record companies have sat on their asses and allowed this to go on for the past, what? 30 years? Now all of a sudden it's a concern for them? That's largely why I feel so bad for people like the guy in that article. What he was doing was illegal, but it was also widely known to be a standard industry practice. There had previously been sort of an unwritten rule that the two industries left well enough alone. Now the record companies finally and suddenly decide they want to enforce the law, and they do it by destroying the financial standing of a handful of individuals and businesses, instead of addressing the problem as a whole. They're victimizing a few people arbitrarily, to use them as a scare tactic for the rest of the industry. But again, a person should only have to pay for their own crime, not everyone's crime.
 
So when I make a video and I get a song from let's say Audio Jungle. Do I buy that song in my name or the client's name?
Furthermore, what if the licence was for web video and the client put it on TV; would that be my fault or theirs?
Good questions. I've always worked as part of a production company (as opposed to being my own production company) and to the best of my knowledge the production company licensed the materials and passed the cost onto the client.

The second question would probably take a lawyer to answer definitely but I would guess that if it's in the signed contract w/the client that the license is only for the web and the client uses it for TV that that falls onto the client. That is just a guess though. Obviously you can't control what the client is going to do with the piece after you deliver it and if there's a contract that clearly states what the limitations are and they client goes beyond the limitations I don't see how you could be held legally responsible.


As a filmmaker myslef, I take the issue very seriously. Making money from my films is important. And the film industry doesn't have the same ticket sale/merchandise revenue stream to fall back on that the music industry does. Sure, those might be great for George Lucas, but for a film like The Hurt Locker, DVD sales are their bread and butter. And so I sympathize for people like Kathryn Bigelow when their bottom line is cut by people downloading illegaly. It's a shame that artists see their proceeds diminished.

First off, great post.

I don't agree w/the sue first, ask questions latter approach nor do I agree w/arbitrarily saying "I think you make too much money therefore I will no longer pay to receive your product and/or services." I don't think that's an individuals call to make. If X is being charged for the product then pay X or pass by the product.

Pirating, IMO, just obfuscates the process because it says "Hey, I want your product but I found a safe way to get it for free so I'm going to acquire it that way." If I'm a record label my first reaction would be to stifle that illegal, free distribution method. If someone just flat out didn't acquire the product at all that would make me think either 1. my prices are too high or 2. my product isn't good enough.

If someone wants to do it to prove a point or as an act of civil disobedience go right ahead but don't whine when the law comes knocking.


Well if the record industry wants to survive, they need to realize that they aren't in the record business. They're in the music business, and they need to evolve.
And I think everything you listed (from iTunes to Pandora) shows that they are coming around. Slowly, yes, but coming around. And I don't blame them for being slow to take their billion dollar businesses and move into unproven business models. After nearly a decade of CD sales plummeting it was just last year that legal downloads surpassed CD sales in the US (50.3% to 49.7%) so it's not like download sales was this giant pot of gold that just kept getting over looked. Just because consumers want X to happen in timetable Y doesn't mean that it's actually possible for a business to make X happen in timetable Y. Especially giant corporations that have the maneuverability of a giant oil tanker.

Same thing, to varying degrees, for TV networks/movie studios and print media. The whole dynamic of "hey it's on the internet so I can get it for free" is dieing because it's not sustainable. Old Media still subsidizes New Media although we are quickly approaching the point where New Media is going to have to start standing on it's own two feet (which means more monetization via subscriptions and ads). The cost of production doesn't change just because the distribution medium does. I mean, sending a reporter overseas to cover the war in Afghanistan costs the same amount whether or not the story ends up being read on a printed page or in a web browser.

And regarding event videography specifically, the record companies have sat on their asses and allowed this to go on for the past, what? 30 years? Now all of a sudden it's a concern for them?
Big difference between 30yrs ago and today though. Enforcing this 30yrs ago would basically mean going door to door across the country and manually watching everyone's VHS tapes. Never going to happen for a number of reasons.

Today, people are getting busted because they are uploading to YouTube which is in effect distributing it globally to an audience of billions. So not only is it significantly easier to track content it's also a significantly different level of distribution (1 wedding video on 1 VHS tape going to the bride vs 1 wedding video streaming to a potential audience of billions across the world).


Lethal
 
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