[advocacy] Question on Personal License
bacchus_t at yahoo.com
Thu Oct 25 07:17:24 PDT 2001
--- Daniel James <daniel at mondodesigno.com> wrote:
> As I understand it, indivdual rights are the basis
> of corporate
> rights over music. The problem is that people sign
> over those rights
> in a con-tract.
Daniel, I think you missed my points. Maybe, it's my
explanation. I will try it again.
Bacchus>(Can TV, film or
Bacchus> game industry use Personal Licensed music by
Bacchus> paying to
Bacchus> the artist in question?
Daniel> The licence doesn't rule that out. What it
does Daniel>say is that they
Daniel> can't use it in a commercial product without
Daniel> obtaining the consent of
Daniel> the artist. In order to gain that consent,
Daniel> concievable that they
Daniel> might have to pay - it's up to the artist.
Then, again, doesn't it mean contracts should be
between artists and third companies?
I think the problem with Personal License is it is too
individual-oriented and it might prevent artists from
getting money through the third companies. In the
conventional system, artists < the monopolistic third
companies. In the Personal License, artists > the
third companies. However, to make an equal contract,
the power of individuals and that of organisations
should also be equal.
> Because otherwise they are implying that people
> shouldn't share their
> music. Conventional music licensing is just not
> compatible with the
> internet - it says you cannot make a copy, but
> that's exactly what
> you do when you download from an official site.
I haven't heard of an example of artists at MP3
claimed stop downloading from there or not to share
their music. Copyright laws admit their rights to
claim but they won't. However, if some organisation
tries to make money with their music without the
artists, they probably will. Funny thing here is the
record industry will be cut by their own sword called
copyright. Therefore, in practice, it seems to be
working. In general, there are many contradictions in
laws but lawsuits happen only when interests
contradict. There is a gap between laws and
Then, again, why should artists take Personal License
over the combination of copyright and Music License?
All I want is that my own individual freedom without
hurting artist's legitimate right to earn what they
offered to me. Names do not matter as long as it
works in that way.
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