Cliff Jones
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Kid Rock, currently topping the charts with his nostalgia smash All Summer Long, recently posted a video on YouTube attacking illegal downloading. From his country bunker, and from behind the irony curtain, he addressed the culprits: “I’m f***in’ rich. I’m not going to miss the money. While you’re about it, you need a new iPod, or a laptop? Steal it. Trust me, they won’t notice it’s gone. Want a new car? Just hot-wire a Toyota and drive it off the lot. They’re foreign, so who cares? This is Kid Rock saying, ‘It’s okay to steal music and anything else you want to.’ ” While the video has had a huge number of hits, its influence seems to have been confined to Christian groups, who have been sending e-mails to their members telling them that illegally downloading music (even gospel) is now officially a sin.
As a record producer, I recently sat on a panel that included representatives from British Music Rights (BMR), the British Academy of Composers & Songwriters, the BPI, music publishers and the ad agency Fallon (of Cadbury gorilla fame). Its task was to try to reach the worst offenders, with the message that their activities will ultimately reduce the quality and amount of good music they get. While the problem itself isn’t particularly newsworthy, the sheer scale of it is. Just one in 20 downloads is now legal, and everyone is at it, not just 15- to 25-year-olds.
The latest cultural import from America is the hard-drive party. It involves takeaway pizza, beer and the swapping of the contents of 500Gb hard drives, packed full of thousands of music tracks. My own neighbour, resolutely middle-class, with two young children at a church school, proudly told me last weekend that he has 80,000 classic tracks on a drive he got free from a friend.
At a rough guess, that’s £60,000 of stolen music — or, to put it in Kid Rock terms, 200 Sony Bravia televisions or two new 3 Series BMWs.
“The problem is that it is seen as a victimless crime,” says David Ferguson, of the British Academy, who lobbies in Europe on copyright law. “We need to protect our rights. We need to have the right to choose who uses our music, and when, how and whether we choose to charge for it or not.”
The trouble is, the law doesn’t always help us sort right from wrong. A recent green paper from the EU set out a worrying proposed amendment to copyright legislation. It will become legal for anyone in the European Union to use the music of another artist — without permission and without crediting them in any way — to create “new work”. The only proviso is that it is for use in user-generated content such as material on YouTube or MySpace. “As nobody can agree quite what that is, the proposed law is alarming to those who make their living from music,” says Florian Koempel, legal counsel for BMR, which campaigns for musicians’ rights at government level.
Unfortunately, it is often the musicians themselves who contribute to the sense of moral ambiguity. Look into the history of the business and it appears this is an industry founded on the principles of salvage, reinvention, influence and, yes, sometimes, plagiarism and theft.
YouTube has brought this issue home through a series of video posts by the American DJ Brian Redd. He has found every obscure sample on Daft Punk’s multi-million-selling album Discovery and posted video tutorials on how to re-create the entire record. This is controversial because the band credit just four samples on the record. The rest they have “transformed”, so have not credited. In many cases, acts that sample attempt to avoid sharing the writing credits with the original writer and copyright-holder of a recording by rerecording a “soundalike” track and claiming it as their own work. While this is not illegal, it may well be morally questionable. “I’m just a wedding DJ who loves Daft Punk’s music,” Redd says from his home in Milwaukee. “It’s fun for guys like me to try to work out what they’ve done — but if they try to hide the fact that they use these samples, or try to avoid paying for them, that is not cool.”
Look back even further and you realise musicians have always had elastic morals when it comes to using other people’s work. It comes under the heading of “influence”. George Harrison got into hot water with his 1970 global smash My Sweet Lord when the writer of the 1963 Chiffons song He’s So Fine filed a suit for plagiarism.
Led Zeppelin’s track Bring It on Home failed to credit Willie Dixon. Vanilla Ice sampled Under Pressure by Queen and David Bowie, without permission, for his hit Ice Ice Baby.
“The question I ask of anyone who abuses copyright, steals tracks and samples or downloads music illegally is, ‘How rubbish do you want your music to be in future?’ ” Ferguson says. “Everyone will end up poorer if things carry on this way.”

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Surely the point is that the moment you sell something you surrender ownership.
Does this position make selling second hand cd's dvd's and books an illegal or immoral act?
John Owen, Jersey,
Jurgen the CD is an object. There should be no limitation to your ability to do whatever pleases you with its content.
The problem is that technology has made something obsolete, and time will be the judge.
Nobody ever complaied too much about people making a tape for friends. There is no stealing.
Andrea Campisano, Cork,
Samuel
what you said is exactly what the people in the music and films are trying to let us believe. Copying is not stealing. If I could clone a car for free for everyone, would I be a benefactor or a thief? If I have the skills to make something available to everyone at my own expenses...?
Andrea Campisano, Cork,
Simon, I agree with you. There is no "re-royalty" on books. I loan my books all the time. Am I a thief there too?
Danielle, Hubbard, USA
If your next-door neighbour could clone his BMW, and give you an identical car, from another BMW which a second friend had cloned for him, would you take it? If the friend still has something, whilst sharing it with you through an identical means, is this wrong? That is the question.
Samuel Gosney, Reading,
Andrea Cork
Sharing music you like with "somebody" is not the same as
claiming the right to put it on the internet for "anyone" to download for free. Even assuming you paid for a CD/download
doesn't mean you OWN the music - which is still the property of the artist - you only own the CD/download.
Jurgen Korduletsch, New York, USA
It really annoys me that so many people seem to think that downloading without paying is not the same as stealing. And always that excuse that musicians are rich enough. The chairman of Tesco is also rich, but that still doesn't give me the right to steal there.
G. Vanhecke, Ashford, Kent
If I buy a book & let someone else read it, or if I resell it on eBay, is not the same 'crime' being committed ie. preventing the author from earning royalties?Painters/artists don't get re-sale royalties when their works sell on, usually at vastly inflated sums...
simon, richmond, uk
J Korduletsch, New York, USA
Nobody here wants to take something from another person.
Here it is about making use of what you purchased. If you want to share it there should be no-one disallowing that.
This corporations are like candle factories lamenting that lamp bulbs put them out of business.
Andrea, Cork,
Errrrr - we pay for the luxury of these music owners to become wealthy beyond belief !!!! Then when we want a slice of the apple - we are told ON YER BIKE !!!! It is all a load of COBBLERS !!!!!
ian payne, walsall,
No matter what spin you put on it it's stealing from the creators.
How would you like it if people took the fruits of your labor for
nothing in return or expected you to do your job without pay?!
J Korduletsch, New York, USA
Brilliant comments. Do not let "them" deprive everyone the right to use your own property.
Rod, Sao Paulo, Brazil
people have "downloaded" music for years, they used to buy a record then lend it to someone who made a audio cassete copy, its just nowadays "lending" takes place worldwide
the music industry has enjoyed mega rich times for years, they are not the only industry to lose out on new technical advance
mhepton, algarve, portugal
I download music from the distant past and the odd movie or TV show,If I did,nt do that there is no chance in hell that I would pay for it,its a mistake to think that people would pay if they could,nt get it for free and share it with others... giving and sharing is Christian
Hugh E Torrance, London, England
Cliff Jones fails to understand the law in search of pejorative terms such as 'music theft'. By definition, theft deprives the rightful owner of the use of the property. This is clearly not the case with intangible intellectual property.
Clearly an industry that has outstayed its welcome!
Matthew, London, UK
Why is the music industry concerned now? I first downloaded music in 1999. They should have got on the bandwagon 10 years ago and made legal download sites. It's their own fault for being inefficient.
Sascha, London,
if only there is a free vote on the illegal downloading issue, it will become legal for once and for all- since almost everyone is infringing the issue as mentioned in the Cliff's article.
Is there any proof that quality of music suffers under this issue? or its just an urban myth?
B Walsh, Bristol, UK
Most people make music for fun, not to make money. If musicians didn't make any money from their music (which most don't) they would still make music, they would still buy instruments and production equipment, and the music would still be good. You don't need to live in a mansion to make good tunes.
George, Bristol, UK
Utter rubbish. Just because the mechanism for ripping people off has gone doesn't justify the extortionate money that these labels did make (and to an extent still do).
Simon, York, England
'their activities will ultimately reduce the quality and amount of good music'
Starting from present levels of quality, that will take some doing.
MDHinton, Sieradz, Poland
80,000 tracks at 75p each? Where on earth can you buy music that cheap? I don't have and probably never will have an iPOD. 80,000 tracks at the normal rip-off prices would be in excess of £400,000, then I'd have to spend my time ripping and copying to another format.
David Leslie, Perth, Scotland
Since this controversy eruped on the music scene I just simply bowed out.I never downloaded music and now I don't buy.If the public would stop buying for 6 months,this problem would solve itself.
ron, toronto,
The problem is that the Music Industry adds no value - the value is the music itself not the product upon which it is delivered.
Look around you at how many music events there are albeit by assorted amatuers and enthusiasists. It may not be studio perfect but it is nonetheless music and enjoyable
mustaffa, eastwood notts,
What Cliff Jones doesn't mention is the growing success of iTunes (over 3 Billion songs downloaded to date) and Amazon.com in the US. Both are growing.... why? Because they offer songs at a price and in a format *people want*!
The Labels are dead, not the music.
Andy, PLymouth,
If Play.com can sell DVDs at £2.99 and box sets at £5.99 (with free postage), who is ripping off who?
Trevor Martindale, Romford, England
Music just isn't that valuable. The recording industry was able to maintain an artificially high price while they controlled the production process. Now that anyone can copy and distribute arbitrary amounts of digital music for virtually no cost it's essentially worthless.
Penny Hull, London, UK
Oh well, it's a small hit to take for having such a free choice :)
Davey, Landan,
Many people no longer respect the copyright law because they are laws that protect the greedy and lazy. The recording companies seek to keep extending the copyright protection when whoever that made the recordings are already long dead. It lets them keep on raking in money without doing a thing.
hazh, Oxford,
Cliff Jones just doesn't get it. The commerce-driven model of the music "biz" was never permanent, and is now finished. I've been producing hits for 25 years+ and can only see a bright future. The biggest thieves have always been the labels. The music will only ever get better. Long live the mashup.
Alastair Johnson, Alicante, Spain
I pay the plumber an exorbitant price to install my central heating boiler and I certainly don't intend to pay him every time the heating switches on.
A. Robertson, Edinburgh,