Do You Download Music Over A File-Sharing Network?

It can be estimated that millions of people around the world share music over a file-sharing network. For this article, I am addressing the issue in America mainly because I am not aware of the laws in other countries. Do you think it is illegal to download music from file-sharing networks? What about music you already own? An important recent court decision will answer these questions directly and you might be surprised.

Recently the United States Court of Appeals for the Seventh Circuit heard a case against a Chicago woman, Cecilia Gonzalez. Many plaintiffs including BMG, Sony and others brought the case against her. Gonzalez allegedly had downloaded over 1,000 songs through KaZaA—although she admitted to only 30. Keep that number in mind, 30. Many, if not just about all, people who download files over a file-sharing network don’t stop at one file. Thirty files can be reached in minutes to an hour without thought. In fact, it was alleged that Gonzalez downloaded 1,370 songs in just a few weeks, which is an average of 65 songs per day.

If you where caught downloading thirty songs over a file-sharing network, what would your defense be? Let’s look at two specific common defenses and see how a court might react. I have selected two defenses that I feel are most common, because they not only appear in the court case I have referenced, but many others I have surveyed would try to use them as their defense as well.

First Defense: I was simply trying out the songs to see if I liked them and then I planned to buy the ones I liked and erase the ones I don’t. (Simplified: try-before-you-buy)

Judge Eastbrook, one of the judges hearing the Gonzalez case, pointed out that this defense is not valid because one had many avenues to hear music before purchasing. Eastbrook names iTunes, radio, internet radio, Yahoo! Music and others as ways to legally try before buying. If this was going to be your defense, you will lose.

Second Defense: I am only downloading music that I already own.

This seems like a great defense, at first. You already own the music and the law allows you to create a backup copy. Ah, but here is where it goes south. Downloading music you already own is not considered fair use under the U.S. Copyright Law and your action is therefore copyright infringement. See UMG Recordings Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349.

Furthermore, the try-before-you-buy scenario is really blown away by the fact that you no longer need to buy CD’s in whole. iTunes really helped change the legal arena in this respect because a user can both sample songs at their leisure and purchase single songs. The ability to purchase single songs is the big one.

In the end, Gonzalez lost her case. The thirty songs, that would have cost $29.70 at iTunes, will end up costing her $22,500 in damages—imagine what it would be if the plaintiffs had pushed for a decision on all 1,370 songs. She was given the opportunity to settle for $3,500 before going to court, which she declined—another bad decision. If you download music over file-sharing networks and are caught, what will be your legal defense?

Consumption of Music on a Rise

Music is being consumed in more ways than one and at a higher rate then every before. The MTV generation is use to not only hearing their music but seeing it as well. If they see a song that they like they can then buy that songs in multiple media forms from vinyl and CD to digital with DRM (digital rights management) and Mp3 without DRM. If they like the video and the song then they can go to Youtube and view it there until their hearts content. But the digitalization of music has done more. Not only is it easier to view videos but it easier to find and discover new music, acts and bands as well.

MySpace has built a multi-billion dollar network on the backs of up-and-coming acts and unsigned bands and their friends. Myspace and sites like this have exposed many people to new and unheard music and continue to do so at an astonishing rate each day. As a band or act it is now seen as a smart business move and cool to be associated with a brand or land a sync-license in a TV show or commercial. This twenty years before was a direct threat to your artistic vision and classified as “selling out”. But now these things are all used to innovatively expose music to the masses and making it easier to discover it.

Technology has created mega-channels of distribution. Peer-to-peer networks have opened the floodgates to obtaining free music.  Furthermore, because digitized music takes of bytes instead of floor space you are now given a wider range of music to choose from at digital retailers. And of course copying CDs have never been easier and soon the CD will be wiped from that equation level just the transfer of bytes in order to obtain your music.

What this means is that music consumption is increasing. Production cost is lowering. Distribution is widening and more acts and bands are being heard. There is a need out there for making the discovery and sharing of music simpler and easier. Music is an identifier for many people and these people are getting larger and larger iPods that just simply need to be filled.

Classic Rock Performers Who Have Had A Lasting Influence On Music

Classic rock is a fundamental part of American history. Many of today's leading bands can trace their styles back to the influence of certain musicians. While every song made available to the world has had an impact on the music industry, there are certain performers who will eternally stand at the forefront of music.

From folk rock to psychedelic rock, there have been many groundbreaking sounds and voices. Here are the top ten most influential classic rock bands in history.

<B>Elvis Presley</B>

While Elvis is not traditionally viewed in the classic rock genre, it is impossible to ignore his influence on the world of Rock-n-Roll. As the first to expose mainstream America to something other than traditional family music, he faced a tremendous amount of opposition from the mainstream.

Despite the extreme racism exhibited during the 1950's, Elvis never hesitated to give appropriate credit to his inspirations. Mainly African-American performers influenced Elvis' sound and style. Southern radio disc jockeys originally refused to play Elvis' singles, because they sounded "too Negro" for white stations to air.

It was not just Elvis' sound, but also his performance, that drew controversy. The movement of his hips in a suggestive manner sparked an entire decade of debate.

Despite the firestorm of criticism that surrounded Elvis' reign, his continuing popularity has ensured that Elvis' crown as the King of Rock and Roll would remain valid for decades, even decades after his death.

<B>The Beatles</B>

As the best selling musical act of all-time, it is hard to deny the influence of the Beatles, not only on the musical culture of America, but also on every aspect of human life. The Beatles included John Lennon, Paul McCartney, Ringo Star, and George Harrison.

Their innovative style defined the music of the 1960's -- twice. They began their career in England, and when they came to America, they were already a huge success in the United States. In their early years, they had defined pop music for a new generation.

As the hippy days of the late 1960's began to take hold of America's young people, the Beatles redefined their music again, with another new style of music lauded by the masses. Their very loud stance on drug use and war made them a controversial group, but their popularity never wavered. Although the Beatles retained the loyalty and admiration of their late 1960's audiences until the group broke up, the touring days of the Beatles ended in 1966 when John Lennon proclaimed, "The Beatles were more popular than Jesus Christ."

<B>Bob Dylan</B>

Dylan has one of the most easily recognizable voices in the world. Raspy and full of passion, Bob Dylan's sound is distinctive. His songs are amazing and defined a generation obsessed with the themes of social unrest, an anti-war stance, and encouragement for the civil rights movement.

A traditional folk singer, Dylan's works transcended all genres and appealed to countless young Americans. His sincere lyrics spoke to many and made it possible to empathize with his many causes.

<B>Jimi Hendrix</B>

As the undisputed master of the electric guitar, Jimi Hendrix is a classic rock foundation. The self-taught guitar player refused to be limited by many of the conventional views of guitar players.

Prior to Jimi Hendrix's development as a guitar player, the electric guitar was considered to merely be a louder version of the acoustic guitar. Hendrix embraced the uniqueness of the electric guitar and showed his appreciation for it to the rest of the world.

<B>Pink Floyd</B>

Easily considered the greatest band of all time, Pink Floyd's unique style and showmanship defined psychedelic rock. Their concept albums were thematic masterpieces that appealed to countless audiences. The Dark Side Of The Moon, Animals, and The Wall each still stand out today as great Rock masterpieces.

<B>The Who</B>

Also known for their thematic records, The Who pioneered the idea of rock opera. Most famous for their collaborative efforts with every major musical figure of their time, Tommy The Rock Opera ensured the longevity of the band into the future.

Their success and fame were not limited to their unique approach to concept albums. Their musical skills are still highly regarded in both mainstream circles and in the entertainment industry. Their music is currently being used as the theme song for at least three of the most popular show on TV on the air today.

<B>The Rolling Stones</B>

The Rolling Stones have easily maintained their position as one of the longest lasting bands in recording history. Like most popular rock bands of the age, they were an England-based band that was more than happy to take on America.

Their grungy unkempt image became so popular; many artists are still attempting to master it. Their unique sound and high quality lyrics have kept them at the top of the charts for almost 40 years.

<B>Cream</B>

Cream, featuring guitarist Eric Clapton, was one of the most technically advanced music groups of their time. Their instrumental techniques became legendary and paved the way for other bands to focus on developing their instrument techniques, in addition to their lyrics.

<B>The Doors</B>

The Doors have always been one of the most controversial bands that had ever existed. Jim Morrison's wild behavior set the tone for the countless musical bad boys that would follow in his footsteps.

The poetic lyrics of The Doors, as well as their outrageous behavior, made them a crowd favorite.

<B>Led Zeppelin</B>

The road to heavy metal was paved by Led Zeppelin. Their first album was pivotal in its inclusion of distorted amplification techniques. Over the years, their experimentation included mixing acoustic and electric sounds, with the addition of synthesized melodies. The success of Led Zeppelin helped establish a strong base for the development of metal music.

Few people of their generation or the current generation realize that like Elvis, Led Zeppelin took most of their inspiration from African-American performers. As a lifelong fan of Led Zeppelin, it is was oddly fascinating to listen to some of the not-so-famous African-American rhythm-and-blues performers of the 1930's, and to be able to hear the Led Zeppelin songs we have loved for years in a whole new way.

<B>Final Thoughts</B>

Clearly, these ten bands had a significant impact on the evolution of Rock-n-Roll music through the generations, but it is more difficult to put them into an ordered list of important groups. Let's just agree that most of us love all ten bands on this list.

Different Ways Artists Can Use Lyrics

Often times music lyrics are simply used to create catchy words that people hear. These words are designed to appeal and convince people to buy CDs and attend concerts of a certain artist. There are other reasons, however, that artists choose their lyrics as they do. Lyrics are heard by all of an artist’s audience and can occasionally be beneficial to a cause or an idea. This article will explore the different reasons artists create lyrics in the way that they do.

A common usage of lyrics in this day and age is to critique the current state, or even form, of government in a country. It is quite common for folk of any nationality to be unhappy with their governing powers for one reason or another. In the United States there is much concern over the way President Bush has handled the issues of terrorism, oil, and even immigration in recent days. Rather than coming out publicly with speeches, many artists hide messages of their disgust into their lyrics. Often times people will hear their message more often and more clearly through music than in a boring speech in which people can simply change the channel. A musical group who created these type of lyrics often was Rage Against the Machine, although they have been broken up for quite some time now.

Lyrics can also be used to reminisce about good times or bad times had as a child or teenager. Often times these years are the ones that shape a person and who he or she is going to be when they grow up. So it makes sense that as an adult, many artists feel the need to pay homage to this crucial part of their life. Many of these song’s lyrics focus in on past relationships long forgotten, good times had with best friends, and even sometimes traumatic experiences with abusive or uncaring parents or relatives. Whatever the topic is, being able to sing about their past memories allows artists to release whatever emotion they are feeling.

Of course it would be a mistake to claim all lyrics are meaningful and are made with some ulterior message underneath. Often times artists are simply looking for songs to make them more money and just garble together some nonsense about dancing and making money into a song. While these lyrics certainly do not have any real positive message, most of the time, they are still among the most popular of the youth today. There is no real problem with this, however, as kids shouldn’t be worried about deep meanings at every point of their life. They should be able to feel good about themselves and have fun for no reason when they are young!

Song lyrics are something that almost every genre of music has, and it is important to realize that some songs are made with interior meanings. Without recognizing that a song may mean more than simply the words it displays from the exterior, it is easy to overlook an artist’s true creation and art and to give them less credit than they deserve.