[HANASHIR:4133] Re: Desirability of Illegal Duplication

[Judah Cohen <jcohen...>]

Adrian,

        Conversely, I believe that "useful illegality" is *particularly*
useful to the Jewish music market BECAUSE it is so small (and it's not
really that small--the Reform movement alone has 1.5 million affiliated
members).  Case in point:  the "free, legal" MP3's offered on Tara's
website.  As far as the college students I've worked with are concerned,
one of MP3's primary uses is to distribute music over the internet.
Certainly the first download of a TARA MP3 is legal (I'm sure TARA sees to
that).  However, after that, if previous postings are correct, further
distribution is illegal.  It is hard for me to believe, however, that
neither the artist nor TARA publications thinks the MP3 file will *not* be
distributed further.And why should it matter to them?  Such an approach
sells albums--and it's quite analogous to the DJ situation I mentioned
earlier.  There's your macroeconomics at work.

Also, remember:  were it not for thousands of campers and
educators recording, performing and distributing songs in non-commercial
venues without licenses (how many people have recorded and distributed
song sessions before?), it is unlikely that artists such as Debbie
Friedman and Mah Tovu would have gained their popularity and stature in
the first place.  Bringing Jewish tradition to the ears of the Jewish
people through song does not always take place through an economic medium 
(even when not during services).

Again, let me clarify:  I am all for the plan Jeff Klepper introduced, and
I feel it is entirely appropriate for Jewish musical artists to receive
compensation for their hard work.  If it's done in a systematic way, then
that, also, is fabulous.  There is a level, however, where practices
technically deemed illegal can actually *help* the industry: among
students and people unfamiliar with "owning" Jewish music, as well as for
new artists trying to make their way in the field, free music may actually
help them "transition" into the type of people this list wants them to
be (or into a successful group).  To me it is important to acknowledge
this, whether "officially" or not:  a Jewish ASCAP is a wonderful idea,
but I think it's important to draw lines of where to exert influence.  The
last thing I'd like to see is a case equivalent to ASCAP's threatened 
suit against the Girl Scouts.  The line between "lost income" and "grass
roots support" is, to me, much less well defined then I've seen in recent 
postings.

I would respond to the "Lo Alecha" line by saying:  perhaps it is best,
rather, that we know WHEN to pursue and WHEN to refrain.  On an
organizational level, perhaps pursuit is fine.  But on a personal level,
perhaps
the issue is much more sensitive.  If restraint creates more positively
connected Jews (who will in turn probably purchase more positively
connected Jewish music), doesn't that make up for some "lost personal
income" (which probably wouldn't have been income in the first place)?

That's it for my diatribe.  Send me to the wolves. . .
Judah.


> Judah:
> 
> The Jewish music market is so small, that I am not sure that the 
> macroeconomics that make illegal duplication and distribution a 
> "useful illegality" in the commerical music world are applicable.
> 
> I agree that eliminating illegal copying may be impossible. However, 
> I would remind you that Rabbi Tarfon omer "lo alecha hamlecha ligmor 
> v'lo ata ben chorin l'hibatel mimena." (The rest of you can look that 
> up for yourselves!)
> 
> Adrian
> 
> 
> > 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
> > 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.  In a way, it's like free
> > publicity, especially for those people who have not ben exposed to the
> > music or the artists before--and this seems to be a particularly pertinent
> > case among Jewish populations, who have little to no radio outlets or
> > other methods to receive samples of Jewish musical styles without
> > actually laying out money for what many would consider an unacceptable
> > risk. In other words, and here I stick my
> > neck
> > out: "illegal" copying, in certain cases, may actually be an important
> > part of sustaining the
> > Jewish
> > recording industry.  To try to eliminate copying, or see it as an
> > unabashed form of stealing is, in my opinion, unrealistic.  
> > 
> > Judah.
> 
> 
> 
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> 
> 


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