Downloading music legal?

[Darnoc]

I just read an article in the Swiss-magazine "K-Tipp" concerning the legality of free music downloads.

 

The article states that there never acctually was a verdict in front of a court which forbade free downloads of music for private use. The swiss copyright-law also states that multiplying for private use is allowed. Downloading or burning is considered multiplying, therefore both are legal. But providing copyrighted material to the public is considered illegal, because this is no longer private use, but public use.

 

With this interpretation of the law, even downloading of pirate copies is legal. It is illegal to provide pirate copies or anything copyrighted, but it is legal to download or burn both for private use.

 

Quoting the executive of the copyright departement, Carlo Govini: "The downloader has not to answer for the illegal activities of the Uploader."

 

This simply means, you can download anything you want, as long as your private possession is not provided to the public.

 

The article further states that the music industry may not charge anyone for downloading and that no court of law will ever accept an indictment concerning this matter. If you are contacted by any music company concerning this matter, they have no right to demand your particulars or any other information, nor do they have the right to demand any payment for what you have downloaded for free.

 

I have no idea, how the law is in the USA or any other nation, so this is also my first question. And I am of course also interested in your oppinion concerning this interpretation of the law.

[Malchik]

One problem is that technology is changing so fast the law cannot keep up with it. The more significant question IMO is not the legality/illegality of downloading but how such activity will affect the availablity of the music. Companies producing cds, dvds whether for music, films, games or whatever have to recoup enough money to make it a worthwhile investment. One of the reasons the industry is in such a muddle at the moment is that the real effects of the ability to download so much illegally has not yet been quantified. The worst case scenario has to be that without a suitable return the music will not get recorded.

 

My own view is that both the industry, the method of obtaining downloads and the law will take a while to find a solution but that it ultimately will. I suspect that the major companies will make available far fewer 'discs' and then only those almost guaranteed to give a good return. There may well be a rise in groups/orchestras etc issuing their own music and boutique organisations handling specialist music.

 

But where will technology have taken us by then?

 

Of course as we run out of fossil fuels and screw up the environment we won't be able to use the technology so perhaps that last question doesn't matter!

[Darnoc]

My own view is that both the industry, the method of obtaining downloads and the law will take a while to find a solution but that it ultimately will.

 

I don't know about other nations, but I am not sure, such a thing is going to happen in Swizterland, from the side of the law I mean. Technology may advance and the music industry may even do something about it, but copyright laws in Switzerland won't change, at least not so fast.

 

There are several reasons for that. First, everything concerning law and government is very slow here. Secondly, almost every law doesn't pass smoothly through the two chambers of our parliament, because there is always someone against it and this opposition will call in a referendum. Meaning, there will be public votings concerning this law. And since about 3/4 of the present younger generation are downloading for free (they will be adults and able to vote and elect until such a law is discussed), the change of copyrights will very probably be rejected by the people. And that will be the end of the discussion, at least here in Switzerland.

[Abramul]

The worst case scenario has to be that without a suitable return the music will not get recorded.

 

My own view is that both the industry, the method of obtaining downloads and the law will take a while to find a solution but that it ultimately will.  I suspect that the major companies will make available far fewer 'discs' and then only those almost guaranteed to give a good return.  There may well be a rise in groups/orchestras etc issuing their own music and boutique organisations handling specialist music. 

<{POST_SNAPBACK}>

So, no more Britney, Backstreet, $ForumUnnameable, and many more. Is that a loss?

Any intelligent artists who actually care about their work would be using PayPal rather than prostituting their talent to the recording industry, anyway.

[loveme4whoiam]

Any intelligent artists who actually care about their work would be using PayPal rather than prostituting their talent to the recording industry, anyway.

 

Interesting theory, and one i myself believe. However, the problem with this is that if all the decent musicians (and i say musicians deliberately. Any idiot can press buttons on a synthesiser, only summon with talent can actually make music) used PayPal, there would be the problem of advertisement. Groups need recording labels to distribute their products through stores and soforth.

There may well be a rise in groups/orchestras etc issuing their own music and boutique organisations handling specialist music.

 

This would, in my opinion, be the way the music industry should go. It still wouldn't solve the problem of piracy (i don't think it ever will; as long as people want something for nothing it will happen) but it would give smaller, less mainstream music a chance to compete with the likes of GenericPopBandNo.768.