(Entertainment-NewsWire.com, May 05, 2013 ) San Francisco, CA -- The music and movie industry's copyright laws have become an area of difficult contention over the last couple of decades. With morality finding a wide gray area to nestle into, and nobody having a firm grip on what exactly property-of-sound means, it has become difficult to layout stringent law. However, some in the industries believe the morality has a sort of absolutist and self-evident position
Still, these industry individuals would be hard-pressed to liken the 'theft' of sound to the stealing of a car or lifting of a candy bar, even. While the car, once stolen, cannot be utilized by the owner, the piracy of music can be enjoyed by both the willing owner and the willing 'pirate'.
As Justice Louis Brandeis put it almost a century ago, music is “free as the air”. A vendor can sell a shit for a dollar at a flea market with the face of an individual on it without expecting to pay any sort of compensation to the owner of said likeness. Yet, somehow the vendor can be held criminally accountable for selling a bootleg CD for the same price, despite the fact that the individual on the CD gains popularity and other forms of gain through the purchase.
There are degrees of copyright that are involved in movie and music, and they lie within particular limits of moral law. Almost all creativity involves some form of riffing off a preexisting concept. That riffing can be in the form of inception for a concept, or the very lifting of the idea as a whole. In much the same way, the sharing of sounds and ideas through visual or aural medium is simply the continuation of the spread of a concept, and therein lies the complication with 'pirating' or 'sharing' of music (depending upon one’s stance of the moral objective).
The Onion, which is a satirical news organization, ribbed defenders of the 1997 sampling law when it 'reported' that Sean “Puffy Combs” sampled “Michael Jackson's “Billie Jean” for his song called “That Kidd (Is Not My Song).” The joke ran as followed, with Puffy stating: “When I was in the studio mixing and recording, I decided ‘Tha Kidd’ would work best if I kept all the music and vocals from the original version and then didn’t rap over it,” Combs said. “So what I did is put in a tape with ‘Billie Jean’ on it, and then I hit record. The thing turned out great.”
The article, while certainly working with tongue-in-cheek, does point to an important concept of sharing and likeness of intellectual property. Many major songs of the recent area utilize inspiration, or directly left sound from older generations' music. Some cite the sound and pay for the property, whilst others simply lift alike sound for their own use.
What may be more important is that more and more information is showing the 'piracy' of such material is not hindering the industry as many first suspected it would. In a 2007 study of such file sharing, the numbers suggested that the 'piracy' assisted networks of independent music. Thus, instead of larger entities controlling music through advertized distribution, more facets of music gained a larger portion of the pie, as fans sought out and purchased music, merchandise, and live concert tickets for a wider array of styles. “If anecdotal evidence is correct in suggesting that minor labels have utilized file-sharing networks to popularize their albums,” the study’s authors surmised, “then the majors have an added incentive to fight file sharing.” For a small artist or firm, “piracy” could be just another word for “distribution” or “promotion.”
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