March 10, 2006

FECA MATTER (aka DON'T FU*K WITH RYAN ADAMS)

Posted by James Goodfellow at March 10, 2006 1:41 PM

In the latest installment of crime-really-doesn't-pay news, two Ryan Adams fans are facing up to 11 years each for making available tracks off of Adams' Jacksonville City Nights album a month before it went on sale. In doing so, they found themselves in violation of the Family Entertainment and Copyright Act (FECA) of 2005 which criminalizes piracy to protect artist's intellectual property rights. How exactly this differs from other laws forbidding digital piracy like the Digital Millennium Copyright Act, I can't really say. Whatever the legal differences amount to, Robert Thomas of Milwaukee, WI and Jared Bowser of Jacksonville, FL are up FECA Creek without a paddle. (Hmm, wouldn't FECA Creek Boys make a great bluegrass band name??)

Ok, so I totally realize that stealing is wrong and they were stealing. However, I can't help but feel like there may be an ulterior motive at work here. I mean, freakin' Universal is going to take these guys to the mat over JCN? Isn't there a Kanye West or Faith Hill album being pirated that they could have used to give this new law a test drive? But no, they pull out some obscure album from an obscure subsidiary label to make their great stand. Hell, JCN probably didn't move more than 60K copies. Maybe sans piracy it would have moved 60,043. I like Ryan Adams but he's not exactly the center beam holding Universal up, so they can't really make the claim that anyone (except maybe Ryan) suffered any real financial damages.

So what's REALLY going on here? I think Universal is testing the waters to find out what the PR backlash will be. I guess Ryan's reputation is expendable but heaven forbid they damage ___ENTER_BIG_STAR'S_NAME_HERE___'s reputation. But hey, just my two cents, what do you think? Am I being cynical here?

Comments

I think you called it exactly. They'll fry a few small fish to see what it does to an expendable artist's rep. If no big backlash, they go after bigger fish.

FECA, huh? What an unfortunate acronym - just an "L" away from FECAL.

Posted by: Jim Pipkin at March 10, 2006 3:55 PM

As long as record companies use any artist as a scapegoat, actual record sales will continue to dive because record companies are, in respect, slaying themselves. Agreed?

Posted by: Chris at March 10, 2006 5:35 PM

Very interesting indeed but then again Desperation does funny things to people. The music industry model is dead and with digital distribution becoming a household option things are beginning to change.

Posted by: Gregg at March 10, 2006 5:50 PM

I agree, Gregg. The only part of the biz that is NOT shrinking is digital downloads, up 400% last year.

Posted by: Jim Pipkin at March 10, 2006 9:06 PM

Yeah, we need 4 Ryan Adam releases next year!

Posted by: Aging Hipster at March 11, 2006 2:24 PM

What's wrong with Big Star's reputation? I think they are generally regarded as highly influential by critics and musicians alike.

Posted by: Aging Hipster at March 11, 2006 4:30 PM

what next!! remember those silly skull and crossbones on albums and cassettes saying 'copying is killing music' or some such bullsh+t, has it died?? no it is stronger than ever thanks to sites like myspace.com and artists websites that give away a few free mp3's. Nobody was put on this earth to make a million bucks of a sound wave on a piece of plastic so get real guys...doctors and nurses dont earn anything like those record company leeches and it is about time that 'time out' was called on the obscene profits of the like of robbie williams and sony etc. Shame that it had to be a Ryan album as I like his stuff and this court case won't do anything for the 'freewheelin rebel' image he cultivates.

Posted by: countrygrrl at March 12, 2006 4:28 PM

Sorry, counrygirl, stealin' is stealin'. When I can come into your house and help myself to the contents of your fridge, or snag some jewelry off your dresser, then it will be OK for you to steal music that takes years to write and months to record.

The same could be said of any workman. Why should a plumber earn a living wage, when it would be just as easy to steal his labor and not pay him for it? I mean, he could get a job doing something else too, right? Maybe put in 120 hours a week instead of a mere 50...

Or those darn farmers, why should they be subsidized, when we could just nationalize their farms, kick'em all into town, and have slaves grow the crops for no wages at all? What gives them the right to charge us money for plants that grow naturally in the soil anyhow?

Copying isn't killing music - but it sure has changed the playing field. Artists for the most part aren't becoming millionaires, that is industry hype. Music is a middle-class job, but the illusion of great wealth draws public interest, so it is propagated.

The ones who are really hurt by pirating are the little guys, the ones who really feel the loss of 15-20 bucks because some nimrod buys one CD at a show and then rips two copies for their buddies.

So, yeah, stealing a download only rips a label artist off for a few cents. Duping three CDs rips a small artist out of a week's groceries. And it is all theft.

If you want free music, write and record your own!

Posted by: Jim Pipkin at March 12, 2006 5:52 PM

I don't think anyone, countrygrrl included, is saying it's OK to steal music here. I think the point is more that suing people isn't going to stop the stealing. But maybe changing the business plan will.

I like countrygrrl's point that despite all the high-level handwringing, making free (intentionally free) music available on MySpace and the like might be actually helping sales. It's like giving out free samples of ice cream at Baskin-Robbins. Unless I really hate the flavor (in which case I wouldn't buy it anyway), I'm sure as hell going to get my wallet out to get me a double-scoop cone of whatever I just got a taste of.

Posted by: stacy at March 12, 2006 9:39 PM

If a culture is so corrupt that it thinks it SHOULD steal because it CAN steal, maybe it is time to throw a few folks in jail for it, or seize their property, or yes (gasp!) actually TAKE THEM TO COURT FOR BREAKING THE LAW. Beats shootin'em in the leg or siccin' the dogs on'em. Downright polite, actually.

A sample freely offered is one thing, but intellectual property stolen as it was in this case is just like any other stolen property. Jumping a release date, particularly on a marginally profitable act like Adams, can tank an entire release, maybe even end a career.

Aggressive prosecution is what keeps other criminals - shoplifters, purse snatchers, burglars, etc - from getting too self-righteous about their lowlife attitude. Why not apply the same standards to music pirates?

Posted by: Jim Pipkin at March 12, 2006 11:30 PM

I think I fall into the "Yes its wrong but suing individuals for obscene amounts of money or throwing them in jail helps no one" camp on this one. Piracy is obviously a major issue but it won't be solved by going after just a few people with the intent of making examles out of them.

Posted by: patrick Hayes at March 13, 2006 2:20 AM

There is a problem on both sides. On the consumer's side, prices are high. On the production side, people are stealing. So you make a compromise and bring the prices down. Let the market create a solution.

Posted by: trey at March 13, 2006 5:10 AM

Trey, I think many indies are doing that. But you also have to factor in the law of diminishing returns. It is already almost impossible to find investors for music projects, due to the microscopic profit margin. If the profits were truly "obscene" there would be a record label beside every Starbucks.

Sure, a CD only costs a couple of bucks to manufacture - but you also have the expense of radio airplay (don't kid yourself, it is bought and paid for in many cases). Not to mention the initial recording expense.

By the time even a small label gets done paying studios, marketers, radio promo people, and distribution staffers, they are boocoo bucks in the hole. And they are, for the most part, only earning wholesale back on the product, half the sticker price. Retailers get the rest.

Out of this they are also many times legally bound to pay copyrights and residuals.

I'm not kvetching here - these are the very real expenses involved. To have this enormous investment in time, talent, and treasure then light-fingered by some thief is frustrating. But equally frustrating is to encounter the mindset that somehow thievery of a luxury item is justifiable due to perceived profit margin.

So, I'd like a Hummer, but they're very expensive. Should I just go and kite one?

Posted by: Jim Pipkin at March 13, 2006 5:51 AM

It's not just the record companies that suffer. Many smaller acts either pay out of pocket or are expected to pay back the costs of producing their albums.

Think about it. Even indie records cost thousands to record and manufacture. Never mind the time and effort in writing those songs. So some punkass can come along and steal all that from you and get away with it?

I have little sympathy for oversized record companies that refuse to acknowledge a changing market. But bring down the hammer, I say. Illegally downloading music is STEALING, whether it's from Universal or your favourite local band.

Allowing people to steal from a large company sends out the message it's OK to steal from anyone.

Posted by: Dusty Bear at March 13, 2006 11:25 AM

Bands and recording artists make most of their money from touring. In country music and in pop, the people really losing their lunch money here are the songwriters and producers. Producers usually get 3% of the artist royalties, and songwriters only get performance royalties. If a songwriter is fat or ugly or doesn't have a great voice or flashy style or any of the stupid shit that influences whose records we buy and whose shows we attend, the royalties off another artist's performance can make the difference between studio apartment or homeless.

One issue is the entitlement sense of a generation of yuppies' kids. Yeah CDs are over-expensive, but seriously is that the issue? That we can't afford to buy a CD? Whatever dude. Yeah maybe we can't afford to buy all the CDs we want -- so what, we just steal them? Even the fat cat labels (or more importantly their artists and songwriters and producers) are required to entertain us on our terms. Intellectual property is still property.

I'm guilty too. I downloaded 4 of Neko Case's songs weeks before the record hit the shelves. I couldn't wait, and there they were. I did buy the CD the day it came out (or my wife did). But I hate that rationalization -- If I like it, I'll buy it. How many artists bought bread selling records to people who didn't like them once they heard them? That's just part of the deal. Maybe that part is over.

Posted by: B. Earnest at March 13, 2006 8:43 PM

"Even the fat cat labels ... are required to entertain us on our terms. "

That should be "aren't."

Posted by: B.Earnest at March 13, 2006 8:46 PM

I'm guessing those two guys being taken to court were the ones screaming "Summer of 69" a couple of years ago and the lawsuit is all about Ryan's belated payback. It just took him awhile to find them.

Posted by: Aging Hipster at March 13, 2006 9:35 PM

Hi, my sites:01c3b5e9299a3c8388b408fdd057138b

Posted by: http://homepage.mac.com/fmp3musicdownloads/music-downloads-pc.htm at December 10, 2007 5:41 PM

Thanks boys7bcedb4577b461489f0860e397035c50

Posted by: music downloads at December 21, 2007 10:42 PM

Hi boys!eebe1f7fefb21a5927965fe808e96872

Posted by: limewire mp3 music at December 24, 2007 11:43 AM

Hi, my sites:8d07e3f2cb11dc8ed64750db21c6a7a4

Posted by: music downloads at March 10, 2008 1:10 PM

Yhanks you :
free mp3 downloads = music downloads = free music downloads =
http://groups.google.com/group/mp3freemusic/web/music-downloads legal free music downloads limewire :: http://groups.msn.com/Musicqownloadsmp3/limewiremusicfree.msnwh LIMEWIRE :: http://groups.google.com/group/mp3freemusic/web/free-limewire-music limewire ::
[url=http://groups.msn.com/Musicqownloadsmp3/freemusicdownloads.msnw]free music downloads[/url] .. [url=http://groups.google.com/group/mp3freemusic/web/free-music]FREE MUSIC[/url] .. [url=http://groups.msn.com/Musicqownloadsmp3/limewiremusicfree.msnwh]limewire[/url] ..

Posted by: free music at March 14, 2008 1:16 AM

mail.com

Posted by: nekin at May 27, 2008 3:55 PM
Post a comment









Remember personal info?