[JPL] A DMCA question...

Louis Erlanger louisx at myfairpoint.net
Thu Jan 6 15:04:25 EST 2011


Agreed. However, DMCA is struggling with the ability of digital technology to create perfect copies. If a radio station plays a full CD a listener can make a perfect copy and artists and writers receive no money for it. In the days of tape there was always degradation so it was less of an issue. So I see some legitimacy to DMCAs argument. Just not in the case of streaming, which is often worse in quality than a tape copy.

David Kunian <dkunian at bellsouth.net> wrote:

>
>Mr. Erlanger,
>
>I did not say anything about the artists getting paid.  I just said that 
>the DMCA restrictions on how many songs I can play as a radio programmer 
>infringes on my free speech.  Artists need to get paid, period end of 
>sentence.  One would think that the more I played an artist, the more he 
>would get paid, no?  And there is promotional value in that also.
>
>dk
>
>
>On 1/6/2011 12:51 PM, Louis Erlanger wrote:
>>
>> This is not an issue of free speech or government control. This is an 
>> issue of enforcing the law.  There are copyright laws designed to make 
>> sure the creators of music are properly compensated when their music 
>> is used by others. Radio stations would all be talk radio if it were 
>> not for the works of the artists and composers.  So radio stations 
>> should compensate the artists and composers for providing the 
>> materials that add value to the radio station -- the music that brings 
>> in listeners, advertisers, and other income sources that allow the 
>> station to exist.  Are you saying radio stations should be able to use 
>> this music and not pay for it?  That's like saying all product 
>> manufacturers should donate their products to retail stores. On the 
>> other hand, I'm not sure that the boundaries of the rules have been 
>> set properly, for the reasons I mentioned earlier -- when you record a 
>> stream, you are getting a sub-par product, so limiting how many 
>> consecutive works by a single artist seems excessive to me.
>>
>> ----- Original Message ----- From: "dkunian" <dkunian at bellsouth.net>
>> To: <jazzproglist at jazzweek.com>
>> Sent: Thursday, January 06, 2011 1:11 PM
>> Subject: Re: [JPL] A DMCA question...
>>
>>
>>>
>>> If it came down to litigation and such, I would argue that the DMCA 
>>> violates my
>>> free speech as a radio programmer.
>>>
>>>
>>>
>>>
>>> ________________________________
>>> From: Bobby Jackson <ftapache1 at sbcglobal.net>
>>> To: jazzproglist at jazzweek.com
>>> Sent: Thu, January 6, 2011 11:52:32 AM
>>> Subject: Re: [JPL] A DMCA question...
>>>
>>>
>>> Happy new year Lazaro and fellow JPLers,
>>>
>>> An artist in the leader role is only part of the representation of 
>>> his craft as
>>> a player.  Side men display his/her ability to support a leader and 
>>> is another
>>> part of his/her tool kit.  It all leads to a certain level of clarity 
>>> and
>>> actually is more refined when you look at a body of an artists work 
>>> in it's
>>> totality. Truth be told,  I actually enjoy The Brecker Brothers work 
>>> as sidemen
>>> better than their leadered dates.  I had a conversation with 
>>> Christian McBride
>>> not too long ago and asked him what took him so long to lead his own 
>>> date? One
>>> of the things he said to me was that as a leader of a band, he often 
>>> sublimates
>>> himself to the work put in by various sidemen.  He said, the overall 
>>> vision of
>>> the project is his but all of the musicians have a turn at "leading" 
>>> when
>>> playing a tune.  Branford Marsalis recently said that as much as he 
>>> loves Art
>>> Tatum, he wasn't very good as an accompaniment to others in certain 
>>> situations.
>>> The sideman role is also part of an artist legacy as a player.  Don't 
>>> downplay
>>> its importance in looking at the musician as a whole.
>>>
>>>
>>> Government should never play a role in making up rules for how radio 
>>> stations
>>> should program music.  I believe getting permission from the artist 
>>> or record
>>> companies to be able to play more than three songs on a project over 
>>> the course
>>> of the hour is the better way to handle it.  Governments are clunky 
>>> in how they
>>> conduct business and would just pass that clunky sensibility to 
>>> programmers who
>>> want to present music as elegantly as they can.  Point in case, the 
>>> Canadian
>>> government requires Canadian radio stations to program at least 30% 
>>> Canadian
>>> musicians for each hour of programming.  It is well intentioned as is 
>>> the US
>>> government but not very useful or practical for stations trying to 
>>> make good
>>> radio.  They should mind their own business and leave programming in 
>>> the hands
>>> of true professionals.  Legislating how art should be presented is like
>>> Broadcast Architecture telling stations what to play.  We see what 
>>> happened
>>> there........
>>>
>>> Bobby Jackson
>>> THE JAZZ MIND
>>> ftapache1 at sbcglobal.net
>>>
>>>
>>>
>>> On Jan 6, 2011, at 12:08 PM, Lazaro Vega wrote:
>>>
>>>>
>>>> The leader. The trouble I have with the sideman route is those
>>>> recordings might not represent the artist most clearly, and your
>>>> essentially programming for something other than the music. Yes, it is
>>>> one way to deal with these rules, but a better way is to write your
>>>> people in government and give them the link to the legistlation
>>>> mentioned above asking for a repleal of these rule as relates to
>>>> public radio music programming.
>>>>
>>>>
>>>> -- 
>>>>
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>>>
>>>
>>>
>>> -- 
>>>
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>>>
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>>>
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>>>
>>
>>
>>
>>
>> -- 
>>
>> Jazz Programmers' Mailing List: jazzproglist at jazzweek.com
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>> Sponsorship information: jplsponsor at jazzweek.com
>>
>>
>
>
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>
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