[musictlk] music sells Re: question about itunes

brother Timothy Clark theblindguitarist1992 at gmail.com
Wed Dec 24 02:57:40 UTC 2014


likewise, as a minister, it’s not all about the money. let’s see. sense my ordination i’ve made a total whopping 0dollars&0sense. my music cells have made a total of 30 dollars. i could care less about money. contrary to popular belief, money isn’t everything.
Brother Timothy Clark 
  feel free to check out the world of KC3CDU at 
  
  
  
  http://www.kc3cdu.blogspot.com 
  
  
  
  please check out my ministries page at 
  
  
  
  http://www.timothyclarkministries.blogspot.com  
  
  
  

On Tevet 1, 5775 AM, at 21:46, Jordan Gallacher <jordanandseptember at gmail.com> wrote:

> I agree, and so does an artist I know well.  I do not do music for the money.  I do it for two reasons.  1st, I enjoy it, and 2nd, I know others enjoy hearing it.
> Jordan
> 
> -----Original Message-----
> From: musictlk [mailto:musictlk-bounces at nfbnet.org] On Behalf Of brother Timothy Clark via musictlk
> Sent: Tuesday, December 23, 2014 7:48 PM
> To: Marion Gwizdala
> Cc: Music Talk Mailing List
> Subject: Re: [musictlk] question about itunes
> 
> as a musician myself who is actively recording, i encourage people to download my music for free. it shouldn’t be all about the money.
> Brother Timothy Clark
>  feel free to check out the world of KC3CDU at 
> 
> 
> 
>  http://www.kc3cdu.blogspot.com 
> 
> 
> 
>  please check out my ministries page at 
> 
> 
> 
>  http://www.timothyclarkministries.blogspot.com  
> 
> 
> 
> 
> On Tevet 1, 5775 AM, at 18:06, Marion Gwizdala <blind411 at verizon.net> wrote:
> 
>> Timothy,
>> 
>> 	I guess you could call it "scare tactics". Then, again, I guess you could call it good ethics and compliance with the law. Would you walk into a music store and steal the album? If not, what's the difference between that and stealing it digitally? 
>> 
>> Marion Gwizdala
>> 
>> 
>> 
>> -----Original Message-----
>> From: musictlk [mailto:musictlk-bounces at nfbnet.org] On Behalf Of 
>> brother Timothy Clark via musictlk
>> Sent: Tuesday, December 23, 2014 2:41 PM
>> To: Kaiti Shelton; Music Talk Mailing List
>> Subject: Re: [musictlk] question about itunes
>> 
>> oh good grief. the usual scare tactics from the RIAA.
>> Brother Timothy Clark
>> feel free to check out the world of KC3CDU at
>> 
>> 
>> 
>> http://www.kc3cdu.blogspot.com
>> 
>> 
>> 
>> please check out my ministries page at
>> 
>> 
>> 
>> http://www.timothyclarkministries.blogspot.com
>> 
>> 
>> 
>> 
>> On Tevet 1, 5775 AM, at 11:58, Kaiti Shelton via musictlk <musictlk at nfbnet.org> wrote:
>> 
>>> Just to clear up any confusion, I've copied this from the RIAA's web site.
>>> 
>>> The Law
>>> 
>>> 
>>> Unauthorized Copying is Against the Law
>>> 
>>> Copyright law protects the value of creative work. When you make 
>>> unauthorized copies of someone’s creative work, you are taking 
>>> something of value from the owner without his or her permission.  
>>> Most likely, you’ve seen the FBI warning about unauthorized copying 
>>> at the beginning of a movie DVD.  Though you may not find these 
>>> messages on all compact discs or music you’ve downloaded from the 
>>> Internet, the same laws apply.  Federal law provides severe civil and 
>>> criminal penalties for the unauthorized reproduction, distribution, 
>>> rental or digital transmission of copyrighted sound recordings. 
>>> (Title 17, United States Code, Sections 501 and 506).
>>> 
>>> What the Law Says and What it Means
>>> 
>>> Making unauthorized copies of copyrighted music recordings is against 
>>> the law and may subject you to civil and criminal liability.  A civil 
>>> law suit could hold you responsible for thousands of dollars in 
>>> damages. Criminal charges may leave you with a felony record, 
>>> accompanied by up to five years of jail time and fines up to $250,000.
>>> You may find this surprising. After all, compact discs may be easily 
>>> be copied multiple times with inexpensive CD-R burning technology.
>>> Further, when you’re on the Internet, digital information can seem to 
>>> be as free as air.  U.S. copyright law does in fact provide full 
>>> protection of sound recordings, whether they exist in the form of 
>>> physical CD’s or digital files.  Regardless of the format at issue, 
>>> the same basic principle applies:  music sound recordings may not be 
>>> copied or distributed without the permission of the owner.
>>> 
>>> What the Courts Have to Say
>>> 
>>> A long series of court rulings has made it very clear that uploading 
>>> and downloading copyrighted music without permission on P2P networks 
>>> constitutes infringement and could be a crime.
>>> 
>>> Common Examples of Online Copyright Infringement:
>>> ◦You make an MP3 copy of a song because the CD you bought expressly 
>>> permits you to do so. But then you put your MP3 copy on the Internet, 
>>> using a file-sharing network, so that millions of other people can 
>>> download it.
>>> ◦Even if you don’t illegally offer recordings to others, you join a 
>>> file-sharing network and download unauthorized copies of all the 
>>> copyrighted music you want for free from the computers of other 
>>> network members.
>>> ◦In order to gain access to copyrighted music on the computers of 
>>> other network members, you pay a fee to join a file-sharing network 
>>> that isn’t authorized to distribute or make copies of copyrighted 
>>> music. Then you download unauthorized copies of all the music you 
>>> want.
>>> ◦You transfer copyrighted music using an instant messenging service.
>>> ◦You have a computer with a CD burner, which you use to burn copies 
>>> of music you have downloaded onto writable CDs for all of your friends.
>>> ◦Somebody you don’t even know e-mails you a copy of a copyrighted 
>>> song and then you turn around and e-mail copies to all of your friends.
>>> 
>>> Do The Crime, Do The Time
>>> If you do not have legal permission, and you go ahead and copy or 
>>> distribute copyrighted music anyway, you can be prosecuted in 
>>> criminal court and/or sued for damages in civil court.
>>> ◦Criminal penalties for first-time offenders can be as high as five 
>>> years in prison and $250,000 in fines.
>>> ◦Civil penalties can run into many thousands of dollars in damages 
>>> and legal fees. The minimum penalty is $750 per song.
>>> 
>>> The "No Electronic Theft Law" (NET Act) is similar on copyright 
>>> violations that involve digital recordings:
>>> ◦Criminal penalties can run up to five years in prison and/or 
>>> $250,000 in fines, even if you didn’t do it for monetary or financial 
>>> or commercial gain.
>>> ◦If you did expect something in return, even if it just involves 
>>> swapping your files for someone else’s, as in MP3 trading, you can be 
>>> sentenced to as much as five years in prison.
>>> ◦Regardless of whether you expected to profit, you’re still liable in 
>>> civil court for damages and lost profits of the copyright holder.
>>> ◦Or the copyright holders can sue you for up to $150,000 in statutory 
>>> damages for each of their copyrighted works that you illegally copy 
>>> or distribute.
>>> 
>>> If you make digital copies of copyrighted music on your computer 
>>> available to anyone through the Internet without the permission of 
>>> the copyright holder, you’re stealing. And if you allow a P2P 
>>> file-sharing network to use part of your computer’s hard drive to 
>>> store copyrighted recordings that anyone can access and download, 
>>> you’re on the wrong side of the law.
>>> 
>>> Having the hardware to make unauthorized music recordings doesn’t 
>>> give you the right to steal. Music has value for the artist and for 
>>> everyone who works in the industry.
>>> 
>>> What the Courts Have to Say About Illegal Uploading and Downloading… 
>>> …and Copyrighted Sound Recordings:
>>> 
>>> "As stated by Record Company Plaintiffs in their brief, "Aimster 
>>> predicates its entire service upon furnishing a 'road map' for users 
>>> to find, copy, and distribute copyrighted music." …We agree.
>>> Defendants [Aimster] manage to do everything but actually steal the 
>>> music off the store shelf and hand it to Aimster's users."
>>> Aimster Copyright Litigation. 01-C-8933, MDL # 1425 (Memorandum 
>>> Opinion and Order, September 4, 2002).
>>> 
>>> "…they [Aimster] apparently believe that the ongoing, massive, and 
>>> unauthorized distribution and copying of Record Company Plaintiffs'
>>> copyrighted works by Aimster's end users somehow constitutes 
>>> "personal use.’ This contention is specious and unsupported by the 
>>> very case on which Defendants rely."
>>> Aimster Copyright Litigation. 01-C-8933, MDL # 1425 (Memorandum 
>>> Opinion and Order, September 4, 2002).
>>> 
>>> "Napster users infringe at least two of the copyright holders’
>>> exclusive rights . . . .Napster users who upload file names to the 
>>> search index for others to copy violate plaintiffs’ distribution 
>>> rights. Napster users who download files containing copyrighted music 
>>> violate plaintiffs’ reproduction rights….[V]irtually all Napster 
>>> users engage in the unauthorized downloading or uploading of 
>>> copyrighted music . . ."
>>> A & M Records v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001).
>>> 
>>> "Although defendant [MP3.com] seeks to portray its service as the 
>>> ‘functional equivalent’ of storing its subscribers’ CDs, in actuality 
>>> defendant is re-playing for the subscribers converted versions of the 
>>> recording it copied, without authorization, from plaintiffs’
>>> copyrighted CDs. On its face, this makes out a presumptive case of 
>>> infringement under the Copyright Act . . . ."
>>> UMG Recordings, Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349 (S.D.N.Y. 2000).
>>> 
>>> …and Copyrighted Images:
>>> "Distributing unlawful copies of a copyrighted work violates the 
>>> copyright owner’s distribution right and, as a result, constitutes 
>>> copyright infringement. . . . . [Unlawful distribution occurs where] 
>>> [f]iles of [copyrighted] information are stored in the central 
>>> system, and subscribers may either ‘download’ information into 
>>> their[computers] or ‘upload’ information from their home units into 
>>> the central files . . . ."
>>> Playboy Enterprises v. Russ Hardenburgh, Inc., 982 F. Supp. 503 (N.D.
>>> Ohio 1997).
>>> 
>>> "[The Copyright Act] provides that an owner of a copyrighted work has 
>>> the exclusive right to reproduce the work in copies . . . [and] to 
>>> distribute copies of the work to the public . . . . [A]nyone who 
>>> violates any of the exclusive rights of the copyright owner … is an 
>>> infringer of the copyright."
>>> Playboy Enterprises v. Webbworld Inc., 991 F. Supp. 543 (N.D. Tex. 1997).
>>> 
>>> …and Copyrighted Software:
>>> "Uploading is copying. Downloading is also copying. Unauthorized 
>>> copying is an unauthorized use that is governed by the copyright laws.
>>> Therefore, unauthorized uploading and unauthorized downloading are 
>>> unauthorized uses governed by the copyright laws . . . ."
>>> Ohio v. Perry, 83 Ohio St. 3d 41, 697 N.E.2d 624 (Ohio 1998).
>>> 
>>> "The unauthorized copying of copyrighted computer programs is . . . 
>>> an infringement of the copyright . . . . [U]nauthorized copies . . . 
>>> are made when such games are uploaded to the BBS [Bulletin Board 
>>> Service] . . . [and] when they are downloaded to make additional 
>>> copies by users . . . ."
>>> Sega Enterprises v. MAPHIA, 857 F. Supp. 679 (N.D. Cal. 1994).
>>> 
>>> "‘[C]opying,’ for the purposes of copyright law, occurs when a 
>>> computer program is transferred from a permanent storage device to a 
>>> computer's random access memory. In this case, copies were made when 
>>> the Sega game files were uploaded to or downloaded from [the 
>>> defendant’s] BBS [Bulletin Board Service]."
>>> Sega Enterprises. v. Sabella, 1996 U.S. Dist. LEXIS 20470 (N.D. Cal. 1996).
>>> 
>>> …and Copyrighted Text:
>>> "Defendant Free Republic is a ‘bulletin board’ website whose members 
>>> use the site to post news articles to which they add remarks or 
>>> commentary . . . . The Plaintiffs' [Los Angeles Times and Washington 
>>> Post] complaint alleges that unauthorized copying and posting of the 
>>> articles on the Free Republic site constitutes copyright infringement 
>>> . . . . [P]laintiffs' motion for summary adjudication with respect to 
>>> fair use is granted . . . ."
>>> L.A. Times v. Free Republic, 2000 U.S. Dist. LEXIS 5669 (C.D. Cal. 2000).
>>> 
>>> "When a person browses a website, and by so doing displays the 
>>> [copyrighted] Handbook, a copy of the Handbook is made in the 
>>> computer's random access memory (RAM), to permit viewing of the 
>>> material. And in making a copy, even a temporary one, the person who 
>>> browsed infringes the copyright. Additionally, a person making a 
>>> printout or re-posting a copy of the Handbook on another website 
>>> would infringe plaintiff's copyright."
>>> Intellectual Reserve, Inc. v. Utah Lighthouse Ministry, Inc., 75 F.
>>> Supp. 2d 1290 (D. Utah 1999).
>>> 
>>> When It Comes to Copying Music, What’s Okay … And What’s Not:
>>> 
>>> Technology has made digital copying easier than ever. But just 
>>> because advances in technology make it possible to copy music doesn’t 
>>> mean it’s legal to do so. Here are tips on how to enjoy the music 
>>> while respecting rights of others in the digital world. Stick with 
>>> these, and you’ll be doing right by the people who created the music.
>>> 
>>> Internet Copying
>>> ◦It’s okay to download music from sites authorized by the owners of 
>>> the copyrighted music, whether or not such sites charge a fee.
>>> ◦Visit our list of Legal Music Sites or Music United for a list of a 
>>> number legal and safe sites where permission is granted and content 
>>> is available for downloading.
>>> ◦It’s never okay to download unauthorized music from pirate sites 
>>> (web or FTP) or peer-to-peer systems. Examples of peer-to-peer 
>>> systems making unauthorized music available for download include: 
>>> Ares, BitTorrent, Gnutella, Limewire, and Morpheus.
>>> ◦It’s never okay to make unauthorized copies of music available to 
>>> others (that is, uploading music) on peer-to-peer systems.
>>> 
>>> Copying CDs
>>> ◦It’s okay to copy music onto an analog cassette, but not for 
>>> commercial purposes.
>>> ◦It’s also okay to copy music onto special Audio CD-R’s, mini-discs, 
>>> and digital tapes (because royalties have been paid on them) – but, 
>>> again, not for commercial purposes.
>>> ◦Beyond that, there’s no legal "right" to copy the copyrighted music 
>>> on a CD onto a CD-R. However, burning a copy of CD onto a CD-R, or 
>>> transferring a copy onto your computer hard drive or your portable 
>>> music player, won’t usually raise concerns so long as:
>>> ◦The copy is made from an authorized original CD that you 
>>> legitimately own ◦The copy is just for your personal use. It’s not a 
>>> personal use – in fact, it’s illegal – to give away the copy or lend 
>>> it to others for copying.
>>> 
>>> ◦The owners of copyrighted music have the right to use protection 
>>> technology to allow or prevent copying.
>>> ◦Remember, it’s never okay to sell or make commercial use of a copy 
>>> that you make.
>>> 
>>> Are there occasionally exceptions to these rules? Sure. A "garage" or 
>>> unsigned band might want you to download its own music; but, bands 
>>> that own their own music are free to make it available legally by 
>>> licensing it. And, remember that there are lots of authorized sites 
>>> where music can be downloaded for free. Better to be safe than sorry 
>>> – don’t assume that downloading or burning is legal just because 
>>> technology makes it possible.
>>> 
>>> Enjoy the music. By doing the right thing, you’ll be doing your part 
>>> to make sure that the music keeps coming.
>>> 
>>> * This site is intended to educate consumers about the issues 
>>> associated with the downloading, uploading and consumer copying of 
>>> music. It is not intended to offer legal advice or be a comprehensive 
>>> guide to copyright law and the commercial uses of music.
>>> 
>>> 
>>> http://www.riaa.com/physicalpiracy.php?content_selector=piracy_online
>>> _
>>> the_law
>>> 
>>> On 12/23/14, Amy Billman via musictlk <musictlk at nfbnet.org> wrote:
>>>> I too agree with Dave. Besides, he is the list owner and can choose 
>>>> what topics are ok to discuss...
>>>> How you're going to use it is irrellevant. What your cousin is going 
>>>> to do with it is as well, irrelevant.
>>>> Point being, he rightfully slapped your hand and you're continuing 
>>>> to clutter an already high traffic list with something that's not 
>>>> quite on topic.
>>>> Burn the cD if you choose; that one's on you, but up to you to 
>>>> research and figure out how; for a change, especially if you're not 
>>>> getting your desired answers from the list members.
>>>> 
>>>> 
>>>> -----Original Message-----
>>>> From: musictlk [mailto:musictlk-bounces at nfbnet.org] On Behalf Of 
>>>> Jordan Gallacher via musictlk
>>>> Sent: Monday, December 22, 2014 4:35 PM
>>>> To: 'Linda Mentink'; 'Music Talk Mailing List'
>>>> Subject: Re: [musictlk] question about itunes
>>>> 
>>>> Na.  Burn it to a blank cd if that is what you want to do.  Since it 
>>>> is not for commercial use, no problem with doing that.
>>>> Jordan
>>>> 
>>>> -----Original Message-----
>>>> From: musictlk [mailto:musictlk-bounces at nfbnet.org] On Behalf Of 
>>>> Linda Mentink via musictlk
>>>> Sent: Monday, December 22, 2014 3:55 PM
>>>> To: Kelsey Nicolay; Music Talk Mailing List
>>>> Subject: Re: [musictlk] question about itunes
>>>> 
>>>> Kelsey,
>>>> 
>>>> I agree with Dave on this one. Your cousin should buy the CD.
>>>> 
>>>> Blessings,
>>>> 
>>>> Linda
>>>> 
>>>> At 06:31 PM 12/21/2014, you wrote:
>>>>> Hello,
>>>>> I know this isn't exactly related to being a musician, but maybe 
>>>>> someone on this list can help.  I recently purchased a CD that I 
>>>>> imported into itunes.  My cousin wants me to burn her a copy, but 
>>>>> I'm not experienced with this at all.  I use itunes 11 with JAWS 16 
>>>>> without any scripts.  Is it possible for me to use itunes to 
>>>>> accomplish this since windows media player and itunes do not work together very well.
>>>>> Could someone explain how to burn a cd in itunes using jaws? I know 
>>>>> I probably have to somehow select the tracks I want, but beyond 
>>>>> that, I have no idea what to do.  My dad said he'd help me, but 
>>>>> he's super busy with work.  So if someone could please explain it 
>>>>> including the JAWS commands I need to use.  Or can this not be done 
>>>>> using JAWS and therefore I would need sighted help?
>>>>> Thank you,
>>>>> Kelsey Nicolay
>>>>> P.S.  I'm using itunes on a pc running windows 7 professional.
>>>> 
>>>> 
>>>> 
>>>> 
>>>> 
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>>> 
>>> 
>>> --
>>> Kaiti
>>> 
>>> _______________________________________________
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>> 
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