Music Blogs and Copyrights

Yesterday Jason Calacanis posted a very positive review of The Hype Machine. To make it short, this service scans blogs for MP3s, structures data, and creates RSS feeds with enclosures for any artist. Read more on Jasons’s blog.

Though he, as well as commentators and other blogs referring to his post, also noticed that there might be legal issues. Often blogs would host copyrighted material, something the music industry is not very happy to see.

To speak from my own experience most bloggers who host songs are really passionate about music. Of course, it can be discussed if 320 kbps files are really required to provide an example of the featured music or if 128 kbps are enough. But usually they host just one song anyway. I remember a blog which featured an awesome article on modern classical music. For each featured album the cover and one track were provided. Lawyers would argue that there were two copyright infringements for each album. Maybe. I bought a Steve Reich CD the next week.

I think those blogs are great. They draw attention to music and artists I have never listened to before. I actually think they are perfect grassroots advertising vehicles for labels and artists and legal action should definitely not be taken.
Maybe some of you have read reviews on the Subvert Central Podcasts on this blog. I think they are great and varied, serving the same purpose as music blogs. But I wonder if I have to delete those posting. I don’t know. It is probably a grey area.

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  1. Soli Deo Gloria’s avatar

    I share your open-mindedness towards the sharing of information on new music in the blogosphere. As a musician and a music administrator, I think I can understand the stance of those who adamantly oppose such use of the web, but my personal inclination is to view the practice from the standpoint of the overall health of the classical music recording industry, as well as what may be perceived as the digitally-driven future of the record business in general. If we concede that this business of classical music recordings, and perhaps in particular contemporary classical music, will never survive without the interest of the grassroots minority who keep it alive, then I think it makes sense not to snuff out what might otherwise be one more tool for generating interest in releases that will never benefit from the advantage of large marketing budgets. Of course, there is an ethical line to be avoided somewhere in all of this. Giving away entire albums of music would ultimately do great damage to the industry, affecting performers, producers and retailers.

    Chandler Branch, Exe. Dir.
    Soli Deo Gloria

  2. Carsten Pötter’s avatar

    I agree with you. Though it applies not just to classical music but every other genre as well, I think.

    What’s really sad about this matter is that the recording industry is alienating even the last few people who love music and buy albums. First, there is DRM and second, they file lawsuits against fan sites because fans have lyrics or copyrighted photos on their websites. Yes, copyright infringements in abundance. But does it really matter? They won’t sell one more album if the lyrics are taken down. And the fan? Probably won’t buy the next album but will download it from a filesharing service. It’s sad.

  3. AL’s avatar

    I’ve meaning to write about this subject for a while, seeing how I run a similar music blog with variety of featured downloadable songs (not albums).

    I completely share your standpoint regarding this issue. I’d also add that since I’m not making money out of the blog nor do I plan to, I think that creates a situation where copyright infringement can be overlooked in pursuit of the greater good when, as a result of my blog, many people discover new artists and hopefully buy their CDs.

  4. Carsten Pötter’s avatar

    I just don’t think lawyers of the recording industry will agree. You’re preaching to the converted here, though. :) Maybe EMI’s move to non-DRM tracks will change things but somehow I doubt it.

  5. AL’s avatar

    I know I know. Good thing I live in a country where these laws don’t apply :p

  6. country musician’s avatar

    I used to never listen to country music, but it’s changed. A lot of it is more mainstream and I like that. Plus the women are hot and that makes everything better!