Posts tagged copyright

Text: If SOPA Passes It Will Be the End of Music Streaming/Online Radio

I finally submitted my electronic signature to the petition to congress to oppose the bill that will remove our Internet freedoms (SOPA). I thought I’d share with you the letter I wrote under the section, “Tell your story”…
I’m the sixth most popular DJ on the music site Blip.fm. My station gained this popularity because I focus on playing things that are underplayed, be it under-the-radar indie bands or long-forgotten b-sides of yesteryear. The music I play is primarily not music you will hear on commercial radio, but it is protected by copyright. I do this for free—it is my passion to help people discover these fantastic bands, as so many have tired of the repetitive and trite options available through commercial radio. In order to comply with the demands of record labels, the site does not allow file uploads so most of the songs are streamed from YouTube uploaders who are violating copyright by posting the vidoes.

If the SOPA Bill passes, the site where I play music, and any streaming site like it, will be outlawed. Moreover, I would face a ten-year prison sentence for hosting my amateur radio show. This despite the fact that none of the songs I play on my station are available for download, and links are provided to Amazon and iTunes for those who are ready to purchase. Professionally, I work in publicity and marketing so I understand that these bands need the publicity sites like Blip.fm provides. Sadly, many bands willingly sign detrimental contracts so they can gain access to the corporate labels’ big-budget publicity campaigns.  It is absurd that a label will pay millions of dollars to have “street teams” that give away free CDs at hip bars in major cities—all while claiming that sharing music is hurting their business model. 
It is equally absurd to put the sentencing guidelines for copywrite infringement in the same range as child rape or armed robbery. I find it hard to believe that even the most willfull copywrite infringer on the planet is committing the same harm as rapists and robbers, nor do they represent a danger to society. I should hope that if SOPA passes and I am charged with a felony, someone can explain to me how the payola-backed radio DJs are upstanding members of society and those with streaming radio stations are criminals.

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Quote: «The Court would be remiss if it did not take this opportunity to implore Congress to amend the Copyright Act to address liability and damages in peer-to-peer network cases such as the one currently before this Court… . While the Court does not discount Plaintiffs’ claim that, cumulatively, illegal downloading has far-reaching effects on their businesses, the damages awarded in this case are wholly disproportionate to the damages suffered by Plaintiffs. Thomas allegedly infringed on the copyrights of 24 songs—the equivalent of approximately three CDs, costing less than $54, and yet the total damages awarded is $222,000—more than five hundred times the cost of buying 24 separate CDs and more than four thousand times the cost of three CDs. While the Copyright Act was intended to permit statutory damages that are larger than the simple cost of the infringed works in order to make infringing a far less attractive alternative than legitimately purchasing the songs, surely damages that are more than one hundred times the cost of the works would serve as a sufficient deterrent… . Unfortunately, by using Kazaa, Thomas acted like countless other Internet users. Her alleged acts were illegal, but common. Her status as a consumer who was not seeking to harm her competitors or make a profit does not excuse her behavior. But it does make the award of hundreds of thousands of dollars in damages unprecedented and oppressive.»

This is a quote from judge Michael Davis, who was presiding over the first illegal downloading case to make it to trial.

There were three juries in this case, they charged the defendent:

Verdict 1: $222,000
Verdict 2: $1.92 million
Verdict 3: $1.5 million

for illegally downloading 24 songs.