Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Thursday, March 1, 2012

Legal Music Downloads


On July 28, 2004, French Internet access providers and music copyright owners signed a joint national charter aimed at cracking down on illegal downloads and expanding the amount of legal music tracks available online (AFP). This is the latest in a series of moves taken across the world to combat music piracy as production labels see more and more of their profits being lost to illegal downloads of music files.

The music industry has been saying the same thing for several years now: peer-to-peer (P2P) file sharing networks are exponentially distributing pirated music across the world through the Internet, and this constitutes a copyright infringement. In English, this means that the fact that I downloaded a Tori Amos track through Kazaa yesterday and am listening to it right now makes me a criminal. So far, so good. Quite true as well.

But the real problem is not that people do not want to pay for music. Often I sample new music off the Internet before buying the CDs. Chances are that if I like most of the album, I'm going to buy it. On the surface this is what radio stations do when they play music. The difference, however, is that it has become insanely easy for me to acquire almost-as-good-as-original quality mp3s of any track that I want to listen to, and even if I don't pay a dime, no one is there to catch me.

The principle of accountability has vanished. When one sees that there are two ways to acquire the same product, but by sacrificing a 'little' bit of quality you can get it for free without being penalized for it, what would most rational people do? P2P networks have made finding music off the Internet ridiculously easy, and most of us tend to 'forget' our social responsibility when it comes to such 'trivial' matters. To contribute to this, copy-protection techniques used on CDs by major production houses are always a step behind the latest cracking algorithms, and steps taken to prevent 'ripping' of CDs and DVDs have proven fruitless so far.

Enter music downloads of the legal kind. Disregarding the small number of 'free' legal music available for promotional purposes, more and more artists and labels have begun to provide a pay-per-download music service. In essence, you can purchase individual tracks or complete albums through a secure online transaction and then download your 'purchase' and, with variable limits to personal use, pretty much do whatever you want to do with it (Several providers digitally encode the files to prevent them from being played on other computers, or to be burned onto CD-Rs)

This is both a move to encourage free-riders such as me to start acquiring 'legal' music and an economic adjustment to the digital music revolution. Developing technologies are changing the way people perceive and use music. The advent of iPod and other mp3 players has meant that more and more people are becoming accustomed to carrying around their complete music collections with the latest players offering space for around 10,000 songs. This holds frightening possibilities for record companies. There is a very real concern within the industry that the CD format is fast going out of style, and as technology evolves, consumer demands for the best 'medium' will change as well. Till a few years ago audio CDs offered unparalleled music quality, a factor record companies used to encourage people to 'buy instead of steal (download)'. However, today's high-quality digital formats mean that audio quality is comparable, and in some cases equal to, CDs. Some experts are even starting to predict that within a decade CDs will become history as digital music will evolve to a point where we will be have access to our entire music collection (hopefully paid for) wherever we want it: in our car, at work, anywhere in the house, even on the beach. Matched with promises (and the reality) of audio quality, this is a serious threat to traditional business.

Thus, providing legal music online is a means of the industry trying to position itself to take advantage of the rising trend of portable music collections. A quick glance across major online music stores tells us exactly so. While offering free-riders affordable music (allowing them to purchase only the tracks they like instead of forcing them to buy the complete album) to ensure that they do not turn to music piracy, sites like eMusic and Apple's iTunes are backing the new trend. iTunes, Apple's online music store, has the added distinction of being supported by perhaps the best mp3 player in the business, the iPod. In this combination, Apple has found a very secure marketing brand and ensured that it takes full advantage of this cross between technology and music.

Legal music downloads appear to be the perfect answer to stopping music piracy, at least the downloading kind. Therefore there is no surprise when one sees major record labels pushing to expand such services. However, recent developments tend to make us question what the overall agenda really is. After a period of consolidation of the digital music market in the last two years, albums available for download online are being priced higher than they would normally be in retail stores. It used to be that you could download a song for $0.99 and a complete album for $9.99, but now stores are setting higher prices, with tracks going for $1.50 or even $2.49 and $11.50 albums being sold for $12.50 and $13.00 online. What is going on?

In positioning themselves to take advantage of changing market forces, the music industry has also hit upon another major factor in determining sales: consumer behavior. Legal music downloads offer people like me the comfort of never having to waste time in retail stores looking for my favorite track from high-school days or wondering when the latest album of Nickelback would hit the shelves. Instead, all the hassles are removed with everything easily searchable, previewable and downloadable from the comfort of my computer chair (and this baby is very, very, comfortable). Consumers may not be usually rational, but they are always looking to save the effort when it comes to making any sort of purchases. Online stores (or is it the major recording labels? Who knows...) are now cashing into this very aspect of human psychology and are beginning to charge extra for a service they are portraying now as a privilege. Having already consolidated their core target market, the time has now come to increase revenues.

Would this drive people back towards music piracy? Highly unlikely. People are not evil, or criminal, by nature. Appeals to their better nature usually work, and that is the strategy adopted by agencies like the Recording Industry Association of America (RIAA) who are actively involved in putting a stop to illegal music sharing. Media campaigns encouraging music lovers to pay a dollar or two for tracks instead of 'committing a crime' by downloading them for free are actually working as slowly but surely, more and more people flock to online music stores. And with existing customers sticking to this more 'comfortable' way of buying music, the industry is finally starting to win back ground it lost due to music piracy.

For more information about this topic please visit http://www.Every.ca

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Mike Ber is the owner of the Canadian Domain Name Portal called http://www.Every.ca. He is also a contributing author to Canadian Computer Magazine [http://www.computermagazine.ca] and http://www.Developer.ca website.




Monday, January 23, 2012

Music Download Sites - What Makes a Site Legal Or Illegal?


The introduction of music download sites to the internet has revolutionized the way we consume music. Though easier and much less expensive for consumers to get their hands on the latest music from the comfort of their home, the break through began with an illegal method of downloading music which unfortunately opened the door to others that are still around to this day. It is up to the consumer to be educated on which sites and services are legal to use, and which are not. To better understand the legality of music download sites, it is best to take a look at the first popular illegal online music download solution.

The start of illegal music downloads.

In 1999, the world was introduced to the first music file sharing software called Napster. Created by Shawn Fanning, the technology allowed users to share their music files freely with other users. This would bypass the entire legal music market and let anyone who could operate a computer and simple software get their hands on the music they wanted absolutely free. The software quickly became noticed as violating copyright laws as it never had permission from the artists or their labels to distribute these files.

Metallica, a heavy metal act, discovered one of their demo songs "I Disappear" was circulating and even played on certain radio stations before the track was ever released. They were of the first to file a lawsuit against Napster for copyright infringement. A month later, Dr. Dre also filed a lawsuit asking Napster to remove all of his content from the service. These acts, along with many record labels pursued Napster in court for the massive copyright violation.

The media embarked on the story and in turn, indirectly made the service even more popular, putting a spotlight on music file sharing and increasing the amount of active users to over 26 million in Napster's final stages.

On June 3rd, 2002, Napster filed for bankruptcy but the damage was done. The world was introduced to file sharing and online music consumption. Many imitation sites and software sprung up after this incident and to this day, you can still find illegal peer-to-peer file sharing solutions offering illegal music downloads.

So what makes a music download site legal or illegal?

There are very basic principles a music download site needs to follow in order to provide legal music downloads. Simply put, they need permission to distribute each music file on the site from whoever owns the copyright of, or legally represents the music. This can be either the artist, the artists publishing company, and/or in most cases, the artists record label.

In our first example, Napster took copyrighted material and without permission decided to make these files freely available. Neither the artist nor record companies were compensated. This is where the big problem lies. Music is like any other product on the market. Someone or a team of people put time towards creating a song or album and are selling their product. If you want the product, you have to pay a legal distributor of that product so everyone who was involved in creating it gets compensated for their work. If they are not, and have not agreed to make it available for free, you are stealing their product.

With music, stealing songs is infringing on copyright laws which are in place to protect artists and labels, and assure they are in control of who can distribute their art while in turn, getting compensated when someone does buy a copy of a song or album.

I did not know the site was illegal. It is not my fault.

Well, unfortunately any way you look at it, it is your fault. You are responsible for your actions on any music download site or service. The small loop hole in file sharing software and sites is that a user can use it legally. If I create an eBook on the best music download sites for example, and as the writer and sole copyright owner, I choose to distribute it for free to anyone who wants to take a read, I can put it on file sharing software and sites. If anyone downloads it, it is legal as I am not looking for any compensation. In this case, the user of the file sharing software or site is not doing anything wrong.

If a user downloads a copyrighted file from an artist or label that is looking to being compensated and never gave permission to the source of the file to distribute it however, then the user who downloads it can get into trouble and it is completely their fault for not doing their research before downloading the music file.

How do I know if a music download site is legal or illegal?

In order for any music download site or service to distribute music files legally, they need a distribution agreement with the artists record label. To make things simple, if you are looking for music from top 40 artists, most of these acts are signed to one of the major record labels; Warner Music Group, EMI, Sony Music Entertainment, and Universal Music Group. A music download site would need a distribution agreement with these companies to legally make this music available on their site.

If a music download site went through the trouble of putting together a distribution agreement with the 4 major labels, chances are they are proud of the accomplishment and would have this written somewhere in their "FAQ" or "About Us" section of the site. If it is not written, it is up to you to contact them and make sure they have the legal right to distribute the music files you are looking for before you download anything from them.

In the end, our generation has the luxury of having many legal music download sites available to us. It is simply a question of doing a little research before hand and making sure you go with a site that suits your needs, has the music you are looking for, but more importantly, offers legal music downloads which rightfully compensate artists for their work.




If you are looking for the best music download sites and services, visit my homepage where I provide up to date ratings and reviews on only the top legal music download sites on the net.

Happy downloading!