Daily Updates Article for Goodnight Kiss: Napster Ethics Article by Janet Fisher for ZDNet

Goodnight Kiss Music (BMI) & Scene Stealer Music (ASCAP)

Today's Topic: Janet's ZDNet Article and Responses;
and the fight against HR5275

Napster and Eagles and Farmers, Oh My! (Ethics and Music and Emotions, too!)

Feel free to add your own, or send your responses to our Newsletter

Occasionally, I make the mistake of responding (reacting) to
something I read "late at night", when I find my research time.
You already know how I feel about using a writer's (any creator's)
work without their blessing, Napster or anyone else. I read an article
at ZDNet, by a Mr. Diersbock, and of course, responded with my own.
The fur flew.

I wish I would have had the foresight to emphasize that file exchange
is a plus...being able to have web-presence is a plus...and if you think
your work is worth NOTHING, then I won't disagree with you for
giving it away. (Which is what I have always said and thought.)

The point WAS (IS) that no one should be able to use another's work to
their own benefit unless the creator of that work GIVES THEIR
PERMISSION.

Mr. Diersbock's Article:
http://www.zdnet.com/zdnn/stories/comment/0,5859,2634543,00.html ,

Janet Fisher's Article in Response:
http://www.zdnet.com/zdnn/stories/comment/0,5859,2637955,00.html

___________________________________________________________

While we're on the subject of Intellectual Property RIGHTS ...
Shouldn't your music belong to you? Shouldn't you have the say in
who uses your work for free or for profit? Should someone be able to make a
profit from your work without compensating you???

YES, you SHOULD, and NO, they should NOT.

HR 5275 LICENSE TO STEAL,
DEATH TO CREATIVITY

If you ever intend to maintain rights to your own work, and be
fairly compensated for its uses, you will investigate (and fight against)
Bill Number: HR 5275

If you send me a CD, should I have the right to reproduce,
sell, and trade that work at my whim without paying you a cent?

If this bill passes, I will have that right. Any CD you give or sell to
ANYONE can be used, copied, or placed on a file server or
other digital media without your approval. Why bother to create
anything of quality? Or chose writing as a profession? Or the work
and expense it takes to become a recording artist? You won't be able
to make a living from your work.

HR5275 is trying to create a license to steal a creator's art and
what little compensation they currently have.

Pay particular attention to this wording:
<<provided that the transmission is received only by a recipient who has
provided to the transmitting organization proof that the recipient lawfully possesses a
phonorecord of such sound recording and who has conveyed to the transmitting
organization a specific request to receive the transmission of the
performance.">>

Please tell me HOW there will be verifiable proof of ownership, and how
the transmission will be stored, and retrieved. Is it a simple password
that allows copying (which could be passed along to huge groups of
people, or published anywhere for sharing)?? Or will EACH download
be encoded, so one might track where it has been downloaded by that
"one original owner". I see no solution offered on this. I do see a
big loophole out for those who would provide such a trading ground.
Please protest this bill. At least until they can assure us HOW these
"rules" will be verified and monitored.
_________________________________________
HR 5275 is as follows:
PERSONAL INTERACTIVE PERFORMANCES.

IN GENERAL - Chapter 1 of title 17, United States Code, is amended by adding
after Section 122 the following new section:
"Sec. 123. Limitation on exclusive rights: personal interactive
performances."

"Notwithstanding the provisions of section 106,
the transmission of a personal interactive performance of a sound recording,
and of any non-dramatic musical works embodied therein, is not an
infringement of copyright, and it is not an infringement of copyright for a
transmitting organization that transmits a personal interactive performance
to make or cause to be made phonorecords or copies of a sound recording
and any non-dramatic musical works embodied therein if such phonorecords
and copies are used by the transmitting organization solely in connection
with the transmission of personal interactive performances."

"As used in this section, the term "personal interactive performance" means
the performance of a sound recording and the non-dramatic musical works
embodied therein by means of a digital transmission and includes any digital
phonorecord deliveries associated with such transmission, provided that the
transmission is received only by a recipient who has provided to the
transmitting organization proof that the recipient lawfully possesses a
phonorecord of such sound recording and who has conveyed to the transmitting
organization a specific request to receive the transmission of the
performance."

TECHNICAL AND CONFORMING AMENDMENTS -
The table of sections for Chapter 1 of title 17, United States Code, is
amended by adding after the item relating to section 122 of the following:
"123. Limitations on exclusive rights: personal interactive performances."

Sections 106, 501(a), and 511(a) of the title 17, United States Code, are
each amended by striking "121" and inserting "123".

Section 2319(e)(2) of title 18, United States Code, is amended by striking
"120" and inserting "123".

Sponsors: Rick Boucher (D-VA)
Bill Co-Sponsors:
Richard Burr (R-NC)
Fred Upton (R-MI)
Ray LaHood (R-IL)
Lynn Rivers (D-MI)
William "Mac" Thornberry (R-TX)
Johnny Isakson (R-GA)
Sherwood Boehlert (R-NY)
Ted Strickland (D-OH)
Bill Number: HR 5275

Write to these people at the House of Representatives in Washington D.C.,
as well as YOUR own Congressional Representative AND Senators.

They do not understand that artists and writers have the right to earn a
living from their art, and not all property is owned by labels and corporations.
Don't throw out the baby with the bathwater...protect what rights we still have!!!

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