Re: [microsound] downhill battle

[Rob <rob@xxxxxxxxxxxxxxxxxxx>]

> i don't think reality is one homogeneous thing.
>
>  
Well yes.  Power in America seems to be getting close though.  When I 
say face facts and get with reality all I mean is that you have to think 
about these things, as artists.  Right now these matters are largely 
decided by people with different goals than the artists themselves.  
Really bad contracts are a problem for the scene all together.  Having a 
good idea of your rights and having a volunteer lawyer read your 
contract with the label (or having sample rights user contracts) ahead 
of time makes sure that everybody knows what's going on before they 
agree.  Much like a prenuptual agreement, this can be akward.  But it 
makes sure everyone is on the same page, which keeps problems to a 
minimum, and it makes problems easier to solve when they come up (if you 
agree on a dispute resolution method or court alternative).  Plus you 
can avoid really terrible situations like Run DMC had where a legal 
battle kept them from being able to release any music for years.  Which 
sucks (I like Run DMC a lot...).  Everyone thinks you only call a lawyer 
when things go wrong (like doctors), but taking the bull by the horns at 
the start is a great way to help yourself in the future.

> i use one of the licenses from creative commons. and while this gives me
> some rights, i don't know how able i am to enforce them [bringing a
> criminal suit against the infringers].
>
>  
There is hope.  First about 99% of all contracts are never violated.  
Many people will respect the deals they make and not rip people off.  
Especially when they benefit from the rules collectively (like a 
creative commons).
Second, enforcement does not start or end in court.  A polite phone call 
can do wonders.  If being nice doesn't work, get a lawyer and call 
again.  You can also do binding arbitration, which is wonderful.  
Imagine the peoples court without the BS.  You sign something that says 
we aren't going to court and instead we're going to sit in a room with a 
moderator and work things out.  Then you get a professional referee to 
make the decision.  These are actually legally binding, and you don't 
have to deal with going to court and blowing thousands of dollars.
Most cases get settled out of court, chances are it will never get that 
bad.  Eben Moglin has quite successfully enforced the GPL dozens of 
times without going to court just with good old fashion persuasion.
Also, it wouldn't be a criminal matter (no jail time), it's just civil 
(money and injuctive relief).

> and, if someone in a big suit in a big office wants to make an example
> of me, i don't have much in the way of resources to fight them;
> regardless of how 'right' i may be.
>
>  
If that happens then chances are you'll be able to spark the interests 
of a few professors and volunteer lawyers, etc.  Many of my professors 
have tons of fun going against big buisness (and the government) in 
their spare time.  Heck, soon I'll be lawyer and I hope to do stuff like 
this as much as possible.  As far as the money to fund the case goes, 
it'll come, if they want to threaten an autonomous art community, we can 
make a pretty big stink.

> whose facts? RIAA? i came to my 'lunatic fringe' viewpoint *after*
> educating myself about copyright, IP issues, political theories [zinn,
> chomsky].
>
>  
Unfortunately, we can only work with what we've got.  The current 
copyright rules might be in need of an overhaul, but until then we've 
got play 'em.  Fortunately with a little creativity we can bend them to 
our wishes, like the creative commons license.

> thanks for your thoughtful points in this discussion.
>
>
>  
Yours too, it's been great.  I've been writing about all this stuff for 
weeks (paper) and it's nice to test some of the points against non-legal 
types.  Sometimes we talk so much amongst ourselves we forget that 
sometimes nobody else can figure out what we're saying.  Plus anyother 
law students or lawyers on the list want to contribute?  Are there any?

Rob


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