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MP3 Distribution: Copyright and Illegal Duplication ConcernsBy: Alex ScheibeAlex is an electronica reviewer and the audio tech article guy at raw42 music. He has a degree in Audio Engineering and plays around making his own music on his spare tire. |
| Should I freely distribute my music or shouldn't I? That is the question. Let's just clear up one major issue: MP3s are not illegal! Duplication without permission is illegal but not the MP3 format itself. Concerns about copyright issues and illegal duplication of MP3s are on every musician's mind right now. With a proliferation of web sites accepting and distributing independent artist's MP3s, the issue is definitely at the forefront. Copyright Issues & Distribution of MP3s Let's have a look at the legalities. In legal terms, the music or MP3 is owned by the respective copyright holder (usually the record company or publishing company, although most often in independent music, the band is the copyright holder). Only the copyright holder has the right to distribute or copy the song. However, the copyright holder can give permission to a person, or an organization, to reproduce and/or distribute their music. On October 28, 1998, the Digital Millenium Copyright Act (DMCA) was enacted and this good news for those of you worried about copyright infringements. Part of this act is the protection of the CMI (Copyright Management Information). This is the copyright and identification part of your digital file. It is illegal to knowingly falsify or alter or remove the CMI or to knowingly traffic copies of works which have been falsified, altered or removed. Illegal Duplication Do the benefits of freely distributed music outweigh the risks of possible illegal pirating or duplication? I think so. But that's my own personal opinion. It's different for everyone. I know there are many of you out there who are extremely hesitant about converting your music into MP3 format and making it available for public download. However, you have to keep in mind that most of the pirating of MP3s is done to the major labels, pirates don't normally bother with independent MP3s because there isn't a big market. That's not a nice fact, but it's a fact nonetheless. Wav files or streaming real audio files were never much of an illegal duplication issue because the quality was normally not good, so no one collected them or distributed them for money. The huge controversy surrounding the MP3 format has made it all the more difficult for bands to make an informed decision about whether or not to put their music in this digital format. But the biggest benefit of freely distributed MP3s is that more people will hear your music. Most surfers are still connecting with a telephone modem and downloading MP3s can be a time consuming task. If you give people the opportunity to hear one song in MP3 format, they might be inclined to purchase the entire CD. Sure, there's the chance that some people are going to sit there downloading all of your songs but it will take a telephone modem connector about 5 hours so the chances of this are pretty slim, but they're there. If you want your music out there in MP3 format but still don't feel safe or right about freely distributing your music, there is a service for musicians called Digital Media on Demand DMOD and it's free. You can upload your music in MP3 format but it is not freely distributed to the public. Surfers can browse through the site and listen to low quality MP3s and if they want CD quality, then they can purchase an MP3 for $1.00 What the IDN Recommends: 1. Always copyright your music. 2. Ensure that you have completely filled out the CMI (Copyright Management Information) on any digital audio file. 3. Make sure that when you give permission for distribution of MP3s, you are not giving away any exclusive rights to your song(s). Companies who legally distribute Free MP3s There are numerous MP3 archives out there that will freely host, or at least link to, your MP3s legally. Of course, you will have to either sign a contract or submit one electronically. |