[HANASHIR:4129] Re: Quick addendum on copying music.

[Ellen Allard <ellen...>]

In this day and age, with toll free numbers and ordering online, one can
order just about anything and get it relatively quickly. Second, concerning
the cost, others have already addressed the fact that most of the music we're
discussing is competitively priced AND frankly, I'm happy to pay an
independant artist or those on small Jewish labels for their hard work and
talent and dedication so that I can listen to the music that nourishes my
Jewish soul and encourages and supports my Jewish life and the lives of my
children and anyone who is touched by my listening to Jewish music (I do feel
a sense of responsibility in my own community...people look to me as a source
when it comes to Jewish music so it behooves me to learn about, listen to, and
share with others, the wonderful Jewish music that is available). Thanks Steve
for the great story about having Jewish music, art, books, etc. in our homes.
Maybe I need to consider applying to the local federation for grant money to
help establish or grow a decent music library?

Judah Cohen wrote:
> 
> Though it's probably been mentioned before, it's worth noting that under
> laws of "fair use," there are two instances where duplication of
> copyrighted music is permissible:
> 
> 1.  Making a personal copy of an album you already own (i.e.,
> to play in your car stereo system).
 
> 2.  Making a single copy of a recording that is out of print (again, for
> personal use only).

This is one of those gray areas that I wonder about and I'm glad Judah brought
it up and clarified it. 
 
> I also want to mention one other thing, just to throw a curve into present
> conversation:  it is pretty commonly known (and documented in several
> cultures) that "illegal" copying and distribution of copyrighted music is
> a major factor in establishing an artist's popularity--and, interestingly
> enough, in spurring the artist's album sales.  Major record companies

They can, I'm guessing here, afford to do so more readily than the smaller
labels or independant artists I've been referring to, although believe me, we
are willing and do give away a large amount of product in the hope that it
will be played and talked about.  But how many of the large companies, as
Steve Brodsky mentioned and I will follow, have put years and years of savings
aside to make recordings only to wait for hopefully the first run to sell so
that they can have enough capitol to make the next recording? How many of them
borrow money from credit card companies with ridiculous interest rates because
that is their sole source of large sums of money and they believe
whole-heartedly in their projects and are willing to take the risk?

> themselves encourage such wholesale "piracy" among certain sectors of the
> population:  DJs, for example, often receive free copies of a label's
> latest songs with the tacet expectation that the songs will be frely
> sampled and distributed on the DJs mix albums.

Without a doubt, we give away much product to be used for that very reason.
With the hope that it will be listened to and talked about in Jewish circles
and with people who would hopefully purchase the music at a future time. But
those outlets are for helping to expose major portions of the population, or
those that might listen, to our music. Not for making copies to give to their
neighbors. Or choir members. 

It is not the same as giving unwritten permission to someone to make a copy of
a recording or of sheet music  for another person who didn't want to spend the
money to purchase it him/herself. Sure, there's always the chance that the
person listening to the COPY of our recording will love it and go out and buy
or order our recording or even multiple copies BUT is it right for individuals
or choirs in many of our cases to make copies instead of buying product? I can
speak for myself. I do not feel comfortable making a copy of a recording when
in doing so I am taking money out of the artists' pocket. I used to do it. But
I used to let the water run when I brushed my teeth, too. And now I try to
remember to conserve water. Education is the first step. If we raise peoples'
consciousness and awareness of this issue, that is a first step. Will we see a
lot more profit for our efforts? Or perhaps less. Hmmm....I don't know. Will
we be doing what we can to further Jewish values, asking people to do the
right thing (a gray area to some)? I believe we will.

By the way, I can speak directly to this issue. In my new teaching position,
in a very reputable and I think well-funded synagogue, there have only a few
CD's. They only have tapes because they use the tapes to play in their ceiling
sound system for when the kids come into religious school. So, number one,
yeah, I'm glad they have anything at all. But frankly, it's difficult to learn
music from a tape. In this day and age, we should have access to decent and
even current, if you will, technology.  My opinion, mind you. Number two, they
have some, but not what I would consider a respectable collection of music
songbooks. A teacher comes to me on day one and asks me to teach Jeff
Klepper's Lo Alecha. Okay, the prinicpal allowed me to order (and for that I'm
grateful) a copy of a songbook that has Lo Alecha in it. Do I make copies of
the page with the music on it to give to the kids? Most of them are hardly
fluent in Hebrew and I only see them for 20 minutes every week which includes
getting into and leaving the room.  Do I type out the words and make copies
then of only the lyrics? Do I ask the principal to order 25 copies of the book
so that there's at least enough for each student in single classes or for
students to share when classes combine for music? The song is part of their
curriculum. What do I do? If the temples in which we work really valued the
music that we teach as much as we think they do (and I believe they all love
the music we teach and think it's a very important part of attracting young
people which by the way is a MAJOR concern to Eric Yoffie, our UAHC
president), then it's time for them to increase their budgets to reflect what
they say they care about and give us opportunities to order large quantities
of music and materials that will help us do our important jobs. That would be
the right thing to do. In a situation where all staff are asked to pare down
and use the bare minimum, I can understand there not being budget for what I'm
suggesting. But, if our temples have technologically current offices and
equipment, isn't it time that music budgets be made a priority?

How about an online picket line? Phew....I guess I got going and couldn't
stop! Thanks for listening. 

Ellen Allard
Worcester, MA

P.S. Can I brag for a moment? Peter and I just won a national award for our
latest secular recording! It was awarded by the Parent's Guide to Children's
Media.

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