It can be estimated that millions of people around the world share music over a file-sharing network. For this article, I am addressing the issue in America mainly because I am not aware of the laws in other countries. Do you think it is illegal to download music from file-sharing networks? What about music you already own? An important recent court decision will answer these questions directly and you might be surprised.

Recently the United States Court of Appeals for the Seventh Circuit heard a case against a Chicago woman, Cecilia Gonzalez. Many plaintiffs including BMG, Sony and others brought the case against her. Gonzalez allegedly had downloaded over 1,000 songs through KaZaA—although she admitted to only 30. Keep that number in mind, 30. Many, if not just about all, people who download files over a file-sharing network don’t stop at one file. Thirty files can be reached in minutes to an hour without thought. In fact, it was alleged that Gonzalez downloaded 1,370 songs in just a few weeks, which is an average of 65 songs per day.

If you where caught downloading thirty songs over a file-sharing network, what would your defense be? Let’s look at two specific common defenses and see how a court might react. I have selected two defenses that I feel are most common, because they not only appear in the court case I have referenced, but many others I have surveyed would try to use them as their defense as well.

First Defense: I was simply trying out the songs to see if I liked them and then I planned to buy the ones I liked and erase the ones I don’t. (Simplified: try-before-you-buy)

Judge Eastbrook, one of the judges hearing the Gonzalez case, pointed out that this defense is not valid because one had many avenues to hear music before purchasing. Eastbrook names iTunes, radio, internet radio, Yahoo! Music and others as ways to legally try before buying. If this was going to be your defense, you will lose.

Second Defense: I am only downloading music that I already own.

This seems like a great defense, at first. You already own the music and the law allows you to create a backup copy. Ah, but here is where it goes south. Downloading music you already own is not considered fair use under the U.S. Copyright Law and your action is therefore copyright infringement. See UMG Recordings Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349.

Furthermore, the try-before-you-buy scenario is really blown away by the fact that you no longer need to buy CD’s in whole. iTunes really helped change the legal arena in this respect because a user can both sample songs at their leisure and purchase single songs. The ability to purchase single songs is the big one.

In the end, Gonzalez lost her case. The thirty songs, that would have cost $29.70 at iTunes, will end up costing her $22,500 in damages—imagine what it would be if the plaintiffs had pushed for a decision on all 1,370 songs. She was given the opportunity to settle for $3,500 before going to court, which she declined—another bad decision. If you download music over file-sharing networks and are caught, what will be your legal defense?
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Jason A. Martin is a Journalism Major (Political Science minor) and future law school student. His blog deals with Politics, Media and the Law. You can view it at http://www.JasonAMartin.com
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Do You Download Music Over A File-Sharing Network?

Elvis Presley was the first great rock and roll singer. His first hit record in 1954 entitled That’s All Right was a blues song written by Arthur Crudup and it proved that Elvis had a unique quality in his voice. Songs like Jailhouse Rock and All Shook Up demonstrated that Elvis was the epitome of rock and roll, and songs like Are You Lonesome Tonight and Can’t Help Falling in Love showed the world that Elvis could put the emotion of love into a vocal track with intense male sexuality. With one of his last blazing bursts of energy in 1972, Elvis proved that he was still a hunk-a hunk-a Burning Love during his twilight years. Elvis can be credited for breaking down the racial barrier that existed for black singers within the record companies in the 1950′s. Little Richard said, “He was an integrator. Elvis was a blessing. They wouldn’t let black music through. He opened the door for black music.” Elvis opened many doors. He let Pandora out of her box and girls all over the country began to scream at the very sight of Elvis. Much has been written about the King of Rock and Roll and his impact on our culture, but the focus of this article is on a unique vocal quality that has not received attention. Elvis pioneered many instantly memorable vocal mannerisms that shall hereinafter be collectively referred to as the rock and roll vocal schtick. It is possible that Elvis picked up his vocal schtick from Otis Blackwell, the songwriter who wrote many of Elvis’ early hit records, because Otis sang his original songs on the demos that Elvis listened to and Otis originated much of the phrasing that Elvis recorded. But much water has passed under the bridge since those days and we may never know whether the Memphis chicken’s schtick preceded the Otis egg.

The word “schtick” is derived from a Yiddish word and it refers to various bits of business that cause an entertainer to be instantly memorable. Prior to Elvis introducing the concept into rock and roll, it was very common in the movie business for actors to achieve fame by virtue of their schtick. Jack Benny became notorious for being stingy and a bad violin player even though in real life, he tipped lavishly and he was an expert violin player. Groucho Marx had his stooped strutting, his lascivious eyebrow raising, and his cigar. Elvis had his gyrating hips and his out of control, shaking leg, but he also put a new kind of mannerism into his singing. On All Shook Up, he turned “Mm mm mm, oh oh oh, yeah yeah yeah!” into a memorable chorus, predating the Beatles famous yeah yeah yeah’s by about 10 years. Predating Elvis by four years, Fats Domino had already developed his signature vocal style by the time he hit the R & B charts in 1950 with The Fat Man which sold over a million copies. One year after Elvis opened the door with That’s All Right, Fats crossed over into the mainstream with Ain’t That a Shame in 1955, and soon millions of people found their threeee-ill on Blueberry heeee-ill. That there is rock and roll vocal schtick in a nutshell, and countless singers picked right up on the groove.

In the 1950′s, original vocal styles literally oozed out of the radio every day. Tony Williams, the lead singer for The Platters, was a truly great singer who had it all – range, timing, phrasing, pitch, timbre, emotional impact and originality of style. As a professionally trained singer, Tony was able to express the emotional essence of previously recorded songs like Smoke Gets in Your Eyes with professional style and grace, but he also influenced the new rock and roll vocal style. In the number one selling hit record, Only You, Tony could have sung the words “Only you can make this change in me” using straightforward and traditional phrasing, but instead he sung “cand-a make this change in me” and threw in a bit of schtick. Marty Robbins and Ben E. King were also two seminal rock and roll singers who embodied all the qualities that define a great singer. There were many other outstanding singers during the 1950′s but the most sublime singer of them all was Smokey Robinson. In addition to every other quality previously discussed, Smokey sang complex blues melismas as if God told him the secret and said “Smokey, you will make everybody think this is easy.” Nobody can sing like Smokey Robinson, nobody can duplicate his vocals, and when Linda Ronstadt recorded her version of Ooh Baby Baby, she had to white out his melismas because she had too much sense to even try to duplicate him. Buddy Holly, among his many achievements, may be credited for introducing the hiccup into rock and roll vocals (fantastic schtick). But the award for Most Outrageous Rock and Roll Schtick of All Time goes to Little Richard for “a wop-bop-a-loo-mop alop-bam-boom” and his earth shaking, high pitched woo’s that Paul McCartney duplicated with enormous commercial success. Other great primal rock and roll singers of the 1950′s who deserve Most Honorable Mention include Roy Orbison, Brenda Lee, Del Shannon, Jimmy Jones, Frankie Valli, and the list goes on and on.

The great singers of rock and roll peaked during the 1960′s and 1970′s with John Lennon and Paul McCartney, Mick Jagger, Jim Morrison, and Janis Joplin. Robert Plant’s 12 year career with Led Zeppelin began with the band’s formation in 1968 and continued until John Bonham’s death in 1980. That fatal day may have been the turning point in the history of great rock and roll singers because even though some very good singers achieved fame and success after 1980, none are in the same exalted league with the Great Ones. Discussing each of the great singers could generate an entire article for each one of them, but suffice it to say that history has already passed judgment on them and declared their venerable status. In terms of the key vocal qualities defined in the first paragraph of this page, Stevie Wonder and Aretha Franklin must also receive honorable mention. But in terms of the sheer number of hit records and brilliant vocals that incorporate all the qualities of a world class singer, Paul McCartney is arguably the best rock and roll singer of all time. It’s always nice to end a treatise with a provocative pronouncement like that one, and then to immediately disappear into oblivion before anyone can throw a tomato.

Peter Cross is a singer/songwriter/producer/Web Master. You can find this article at: They don’t make singers like that anymore! and his home page at: Rock and Roll with an Immortal Soul. All work protected by Library of Congress Registration No. TXu1-257-177.

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Post from: AmacamA

They don’t make singers like that anymore!

Of course there is an etical issue. A lot of people consider the downloading, for free, of copy right protected material as theft. I have heard all the arguments by now. I did hear them in the 70’s when casette recorders became available and very popular. I heard them when CD wrighters became available and I hear them now when downloading over the Internet is becoming more and more popular.

In my opinion it is theft if you copy anything and sell it. If you copy CD’s for your own use, that is o.k. with me. I have noticed that I, and a lot of people I know as well, still buy the “real thing” if we like it, and I allso have noticed that I am getting selective.

I hardly buy anything anymore from the real top performers.I think they simply earn enough as it is. If I come along a new group I like I usally copy a few songs, and I might go out and score their CD if I really like them. I noticed that I must have been doing this for a long time.

I had a look at my CD’s and saw that most of the originals were indeed the earlier work of a certain group. If I had more of them, it were usualy copies. I had downloaded some how from the Internet.

I know there are quit a few people who use this “selective downloading”.A friend of mine loves the music of a certain performer, but, as he told me, he refuses to pay for his records. He refuses to contribute a single penny towards the legal team that is defending this guy in a child molest case. He has downloaded the music of this performer, for free, from the Internet.

But all this free downloading has a downside. A lot of people are having computer problems because they downloaded something from the Internet. The Internet is a jungle and there are a lot of predators around that are searching for their prey. Predators like spyware / adware.

Little programs that you sometimes download as well and that hide on your computer without you knowing it. Some can be very harmful indeed, like the so called key loggers. These programs “remember” every keystroke you make, and send this info to their “owners”. This way sensitive info, like passwords or credit card numbers, can get in the hands of the wrong people.

I advice every one who wants to download music, movies, games or any other program for free from the Internet to be very careful. Make sure your computer has very good spy-and ad ware protection, and when in doubt, do not download. If you are not a very experienced Internet user than the best way to download music, full length movies, games and various soft wares for free is to get a download site membership. These download sites will provide you with the right soft ware to search for, and download, all sorts of files from the Internet. They also provide a helpdesk in case you run into difficulties and need some assistance.

Here you can find a few Download Sites
Harry Rackers is W.M of Download Music Movies Games

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Post from: AmacamA

Downloading Music for Free – A Hot Issue