Do you actually own downloaded music?

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mattwnz

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#681377 4-Sep-2012 16:14

Athlonite: When you purchase music either via digital download or physical disc from a shop you are limited to what you can do with it you can not use it in any commercial sense without contacting the media company that holds the rights to it first and negotiating an licensing/royalty fee

If you own a CD, then if you die, that physical CD with it's music would be part of your estate, and would be inherited.
People also sell CD's to second hand music stores, so I wonder if that is really allowed too.
I am not sure about apples terms, but they may not be specific to NZ's laws due to them being an overseas company?
Perhaps Bruce should burn their music to CD's so they are a on a physical format?

myopinion

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#681378 4-Sep-2012 16:16

Who cares how are they going to stop you anyway as there's no DRM and you just download the MP3's to your computer. They can write all the terms they want but in reality it isn't going to stop people sharing the music.

crackrdbycracku

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#681379 4-Sep-2012 16:20

myopinion: Who cares how are they going to stop you anyway as there's no DRM and you just download the MP3's to your computer. They can write all the terms they want but in reality it isn't going to stop people sharing the music.

Yeah, the problem with that is if there isn't a 'reasonable' legal alternative then people go to an illegal alternative and we all know the problems with that.

The sad thing is that because the interests of Apple, record companies, Google, and of course artists don't actually align they have been struggling for over 20 years with no sign of resolution.

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oxnsox

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#681382 4-Sep-2012 16:23

Athlonite: When you purchase music ....(edit)... you can not use it in any commercial sense without contacting the media company that holds the rights to it first and negotiating an licensing/royalty fee

And I understand commercial enterprises, like broadcasters (and elevator music providers), pay a small fee per play. But I also believe that after a certain time royalties are not payable.

Anyone know:
a) What the radio station royalties are (approximately as some broadcasters may have different arrangements)?
b) What the time period is before it becomes 'freely' available commercially?

blair003

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#681383 4-Sep-2012 16:24

It seems to me that you purchase very limited rights to listen to the particular version of the music in the particular format you purchased the limited rights for.

You basically take the worst parts of ownership and licensing, put them together and that is what you get.

Athlonite

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#681387 4-Sep-2012 16:33

mattwnz:

If you own a CD, then if you die, that physical CD with it's music would be part of your estate, and would be inherited.
People also sell CD's to second hand music stores, so I wonder if that is really allowed too.
I am not sure about apples terms, but they may not be specific to NZ's laws due to them being an overseas company?
Perhaps Bruce should burn their music to CD's so they are a on a physical format?

most secondhand music stores I know of can tell the difference between real deal and fake CD's

and inherited after death is not the same as selling or giving it away to someone else

as long as apples TnC's comply or they themselves comply with the CGA then it an non problem

even if Bruce was to burn it to CD he'd still not be allowed to use it commercially without legal agreement or sell it without providing proof of purchase for the tracks on the CD and most secondhand shops probably wouldn't but it anyways I know I wouldn't and you never know the person you sell it too could well be someone looking for pirates to bust

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jtbthatsme

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#682553 6-Sep-2012 20:56

Or you could be smart and not buy your stuff from somewhere that has DRM involved or a need to play the content you're purchasing from their software only.

I've bought a fair amount of music digitally but never from somewhere that does there own player and always DRM free. I can move that content to any device or pc I like and download it over and over again if I like. I would not even consider buying DRM content digitally of any music. Any company that forces you to use their specific software is just ripping you off imo.

I specifically won't use Apple products for that reason I have no desire to use Itunes and do my best to never watch anything in Quicktime as well there's a lot better alternatives out there. Take Mega Music for example they give most of the profit to the artists instead of taking most of it for themselves. Oh wait a minute that guy got his company shut down by the record and movie industry....oops I mean the FBI for being an enabler of copyright infringement.

gzt

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#682567 6-Sep-2012 21:41

My personal view based on first sale doctrine is that I do own music I have paid for and downloaded. Not only that - the price is directly comparable to shelf stock given the efficiencies generated.

Stating the obvious - If I subscribe to a web service offering to play music of my choice by monthly subscription this is completely different and I no more consider I own anything than a song I hear on the radio and the price reflects that.

The fact that technologically backward record companies refuse to facilitate and in some cases actively frustrate secondary markets in digital music and therefore depress the gross product of the music industry as a whole is utterly tragic - but I do not believe anyone else should be penalised for their failure to embrace new markets.

1080p

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#685725 13-Sep-2012 17:30

The Wikipedia article is interesting to read. The right of first sale - it is argued - cannot apply to digital products because the product sold is a new copy than the one the vendor supplies. In other words, the copyright holders want to be able to enforce copyright on new copies of a particular digital product but would not like to allow you the traditional right of first sale.

Sure, have your cake and eat it too.

freitasm

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#685729 13-Sep-2012 17:38

kiwitrc: I saw this article in the Herald regarding Bruce Willis taking Apple to court over his paid for music collection.

That was a hoax. I bet the Herald didn't publish a retraction...

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crackrdbycracku

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#685731 13-Sep-2012 17:40

freitasm:
kiwitrc: I saw this article in the Herald regarding Bruce Willis taking Apple to court over his paid for music collection.

That was a hoax. I bet the Herald didn't publish a retraction...

Too busy rearranging the deck-chairs on the Titanic? Sorry, I mean too busy organising the new format?

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NZtechfreak

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#685742 13-Sep-2012 18:36

Bah, stuff like this makes me happy I've always purchased CDs.

I originally kept getting CDs because I knew one day I would rip it to lossless (yeah, I was thinking about that quite a few years ago), that day came this year and I'm so happy I'd purchased the music in a form that allowed me to do that.

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1080p

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#685891 14-Sep-2012 09:10

NZtechfreak: Bah, stuff like this makes me happy I've always purchased CDs.

I originally kept getting CDs because I knew one day I would rip it to lossless (yeah, I was thinking about that quite a few years ago), that day came this year and I'm so happy I'd purchased the music in a form that allowed me to do that.

But CDs aren't lossless... You have a 16bit/44.1KHz (in most cases) copy of the audio but it is definitely not lossless ;-)

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