DISQUS

Paul Jacobson: iPod users in South Africa are criminals: an appeal to the local music industry

  • paul · 3 years ago
    I really hope so Stii. Unfortunately the music industry seems to be intent on milking its existing model as much as possible.
  • paul · 3 years ago
    I really hope so Stii. Unfortunately the music industry seems to be intent on milking its existing model as much as possible.
  • Jaxon Rice · 3 years ago
    I play in a local band (The Diesel Whores), and run a small indie label (Gosatango Records), and I am ashamed to admit that most of my album releases have included that clause. I was actually under the impression that South African law operated under the principle of fair use, and its a surprise to find out that this is not so.

    Having said that, I seriously doubt whether any court or organisation (RISA et al) would prosecute anyone for having music on their mp3 player if they could prove that they had a physical copy of that music.

    I buy 99% of my music in digital form nowadays anyway (from Emusic.com, cheaper than iTunes, DRM Free and available to South Africans). The only downside to this service is that it only includes indie labels, but take a look at their selection and you will probably never want to buy from iTunes anyway.

    I think it is a good idea to embrace Creative Commons, specifically with regard to music releases, and I am currently looking at the ideal way to licence our next release. Most musos that I know are big fans of giving at least some of their music away - it almost always leads to better album sales and gig attendance.
  • Jaxon Rice · 3 years ago
    I play in a local band (The Diesel Whores), and run a small indie label (Gosatango Records), and I am ashamed to admit that most of my album releases have included that clause. I was actually under the impression that South African law operated under the principle of fair use, and its a surprise to find out that this is not so.

    Having said that, I seriously doubt whether any court or organisation (RISA et al) would prosecute anyone for having music on their mp3 player if they could prove that they had a physical copy of that music.

    I buy 99% of my music in digital form nowadays anyway (from Emusic.com, cheaper than iTunes, DRM Free and available to South Africans). The only downside to this service is that it only includes indie labels, but take a look at their selection and you will probably never want to buy from iTunes anyway.

    I think it is a good idea to embrace Creative Commons, specifically with regard to music releases, and I am currently looking at the ideal way to licence our next release. Most musos that I know are big fans of giving at least some of their music away - it almost always leads to better album sales and gig attendance.
  • psi · 3 years ago
    Ah, I see, we are dealing with "sound recordings" which is not "musical works". Interestingly, section 17 says:

    """
    17 General exceptions regarding protection of sound recordings

    The provisions of section 12 (1) (b) and (c), (2), (3), (4), (5), (12) and (13) shall mutatis mutandis apply with reference to sound recordings.
    """
    Which does not include 12 (1) (a). O_o

    Tragic.

    By the way, I posted the same comment on the digg article (http://digg.com/politics/Listening_to_music_on_...), would you mind replying there as well?
  • psi · 3 years ago
    Ah, I see, we are dealing with "sound recordings" which is not "musical works". Interestingly, section 17 says:

    """
    17 General exceptions regarding protection of sound recordings

    The provisions of section 12 (1) (b) and (c), (2), (3), (4), (5), (12) and (13) shall mutatis mutandis apply with reference to sound recordings.
    """
    Which does not include 12 (1) (a). O_o

    Tragic.

    By the way, I posted the same comment on the digg article (http://digg.com/politics/Listening_to_music_on_...), would you mind replying there as well?
  • paul · 3 years ago
    Done, thanks psi!
  • paul · 3 years ago
    Done, thanks psi!
  • Pat · 2 years ago
    hERES A REAL STUPID IDEA, DON;T BUY AN IPOD BUY A DEVICE THAT LETS YOU DOWNLOAD FROM LOCAL LEGAL SITES! JUST CAUSE EVERBODY ELSE WHO HAS A bmw HAS AN IPOD DOESN;T MEAN YOU GOTTA HAVE ONE.

    BY THE WAY THERE ARE SOME SERIOUS ERRORS IN YOUR LOGIC AND INTERPRETATION OF THE LAW.
  • Pat · 2 years ago
    hERES A REAL STUPID IDEA, DON;T BUY AN IPOD BUY A DEVICE THAT LETS YOU DOWNLOAD FROM LOCAL LEGAL SITES! JUST CAUSE EVERBODY ELSE WHO HAS A bmw HAS AN IPOD DOESN;T MEAN YOU GOTTA HAVE ONE.

    BY THE WAY THERE ARE SOME SERIOUS ERRORS IN YOUR LOGIC AND INTERPRETATION OF THE LAW.
  • paul · 2 years ago
    Hi TeenInvader

    I am not sure that backing up CDs is permissible in terms of the license the record companies grant for the use of the music. That is where the restriction is.
  • paul · 2 years ago
    Hi TeenInvader

    I am not sure that backing up CDs is permissible in terms of the license the record companies grant for the use of the music. That is where the restriction is.
  • Tresblue · 2 years ago
    Firstly let me congratulate you on an excellent article. This issue has been coming to a head for a few years and the popularity of digital music players is at last drawing attention to this issue. I have had several telephone discussions with RISA on this issue and there stance is
    "It is illigal to copy any copyrighted CD"
    This was a few years ago and at the time I had a company which offered jukeboxes for hire. We were interested in switching from CD based jukeboxes to MP3 based jukeboxes. We then offered RISA a percentage of the income and (this is the part where you just have to laugh)RISA as the representative of the recording companies of South Africa was not authorised by the members to negotiate on the behalf of its members. They suggested we negotiate with each company directly(what a joke, there are hundreds). Well we submitted a proposal via our lawyers to several of the largest recording companies. To date we have not received a single reply.
    It is evident that either the record companies are at a loss or are in total confusion as to the digital issue. Personally I think the only criminal activity is the criminal greed shown by the record companies.
    Ipod users might want to read this article about the future of the various formats
    http://www.wired.com/news/columns/0,72412-0.html
  • Tresblue · 2 years ago
    Firstly let me congratulate you on an excellent article. This issue has been coming to a head for a few years and the popularity of digital music players is at last drawing attention to this issue. I have had several telephone discussions with RISA on this issue and there stance is
    "It is illigal to copy any copyrighted CD"
    This was a few years ago and at the time I had a company which offered jukeboxes for hire. We were interested in switching from CD based jukeboxes to MP3 based jukeboxes. We then offered RISA a percentage of the income and (this is the part where you just have to laugh)RISA as the representative of the recording companies of South Africa was not authorised by the members to negotiate on the behalf of its members. They suggested we negotiate with each company directly(what a joke, there are hundreds). Well we submitted a proposal via our lawyers to several of the largest recording companies. To date we have not received a single reply.
    It is evident that either the record companies are at a loss or are in total confusion as to the digital issue. Personally I think the only criminal activity is the criminal greed shown by the record companies.
    Ipod users might want to read this article about the future of the various formats
    http://www.wired.com/news/columns/0,72412-0.html
  • Anonymous · 1 year ago
    Dude, who cares? move to america!
  • Anonymous · 1 year ago
    Dude, who cares? move to america!