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Sunday, February 5 Front Page >> Random Rants >> CD Taxes SUCK... and shame on some "net friends" we thought we had...
CD TAXES SUCK... AND SHAME ON SOME "NET FRIENDS" WE THOUGHT WE HAD...

Feb 09, 1999, 1:40am

Sorry it's been a while, we have been busy, as you can probably imagine from the previous rant I posted.

So it's back to normal now, and I have to tell you, I've been thinking a lot about copyright issues lately. As my fellow Canuckians know, the Feds up here have decided to slap a "royalty" or levy on top of blank cassette tapes, DAT tapes, and the one that bothers me the most, blank CD-Rs. Wired has been covering this evolving story, as have other high tech news sites.

What it boils down to is this. The federal government in Canada, along with the megabuck music companies, seem to think that everyone who burns a cd rom is making illegal music with it, copied from music CDs, tapes, or mp3s. So the music companies, under an umbrella group called SOCAN, has convinced the feds that they need to be compensated for this. They got their wish - it's already law, and they want $2.50 per blank cd-r.

I back up my data, which is the lifeblood of my business, every week. It takes 2 CD-Rs to back up the data on my two computers. I've calculated that this new tax will more than double my yearly CD-R budget... costing me an additional $700+ dollars a year over what I currently pay. $700 plus of my dollars going to people who do not deserve my money.

It pisses me off to no end.

But that's not why I decided to write this rant. I'm writing this rant because of the editorial I read in the latest issue of Adobe Magazine.

The Editor, Glenn Fleishman, wrote an article (this is a PDF file link) that basically bitched and moaned about not having copyrights stolen and abused on the Net, but also about how it is much easier for copyright holders to discover if their work was in fact "stolen".

The guy points to some Italian site that reprinted a previous editorial of his, translated to Italian. He found it through "vanity searching", or inputting his name into a search engine. He called it plagiarism, and frankly that bothered me because it was not plagiarism. The Italian guy fully credited Fleishman as the article writer. The guy even included a picture of Fleishman, much like how Adobe Magazine has this guy's picture in the print edition. Yet Fleishman labels it plagiarism. Buddy, it ain't that.

But the thing that really, really infuriated me to no end was Fleishman's whine on how he wasn't paid for the reprinting of the article.

It got me thinking, and the more I thought about it, the more pissed off I got.

Look. I'm a so-so designer myself. I've created a multitude of original images, graphics, web pages, sites, code and writing. I've been ripped off in the past, both online (FlabJab), and offline. I've been pissed that work I have not been paid for has been reproduced, without my permission, and even without any kind of accreditation.

BUT... when I am paid for work I have done, then I paid. Get it? I don't expect to be paid over and over again for the same work! When I design a new logo for a client, I bill for the work based on several factors. If the logo is a one off deal that will not be used again (like a dated logo), then I bill a certain amount. If the client wants a dated logo that in the future will be changed to reflect a new date, I bill a different (higher amount). If a client wants me to create templates for a web site that they in the future will modify, I bill a higher amount (relative) than I would if I was doing all the work, and I was contracted to do future changes. If a client just wants an end product from me (printed brochure), they get billed one amount. If the client wants the printed brochure from me, plus all my pagemaker files, my photoshop files, and the fonts I used, they pay a different amount (and they buy, through me, the fonts from the reseller).

BUT... when the work is done, and I am paid, I do not expect to be paid in the future for the same work. I simply don't see the logic in this.

Meanwhile Editor Fleishman, who was fairly (I assume) paid for his work by Adobe Magazine, expects further compensation for his work, work he didn't have to repeat or invest any more time or effort in, when it is reprinted with accreditation in some private, no charge Italian web site.

It makes me sick. "I want what's coming to me" he whines. If anyone has any right whatsoever to expect compensation from this Italian guy, it would be the owners of Adobe Magazine, who bought and paid for Fleishman's words. He has no right to expect further payment! He's been paid already!

It also reminds me of the jag offs who occupy comp.fonts. The font designers who feel that each and every time their fonts are used they should be paid. One guy, who had recently seen his font used in a Taco Bell print advertisement bemoaned that he hadn't seen dime one from Taco Bell. "Woah is me, I did all this work, and though I was paid, I should be paid more! Pity me, won't you?" !!

Idiot, you created the font, and you sold it to Adobe. You were paid. Adobe in turn sold the font to Taco Bell's advertising department, who in turn used it in their ad. You were paid for it, when you got your cheque from Adobe!

I blame it all on the music industry. They pioneered the idea that musicians should be paid each and every time their songs are played, or in some cases paid each time a different person hears their song. A radio station (in Canada at least, dunno about the US) can buy a music CD, but they also have to pay a royalty fee each time a song from the CD is played. Musicians don't make their real dineros from record sales or promotional sales, they make their REAL money from royalties. Millions for a song isn't enough (if it's a good song). They need tens of millions of dollars and more!

And that brings us back to the new levy we Canadians will soon be paying on blank recording media.

The reason why radio stations are charged a royalty fee every time they play a song is because the music industry long ago convinced the feds that everyone and their dog in this country was recording songs off the radio, and the music industry needed to be compensated for this. This happened years ago.

But apparently, it's not enough money. Now the music industry is back with the feds and they demand levies and royalties on recording media. Partially because of tape to tape recording, but also for radio to tape recordings. So in other words, they are being paid not once for a recording (the original CD purchase), not twice for a recording (cd purchase plus royalties from playing a song on the radio) but THREE freaking times for the recording. Paid for the CD, paid for the radio play, and now paid for the purchase of a blank audio tape or CD-R.

And still, they feel their attitude that every single time their music is played, they should be paid. Did you know that in Canada, if you play your Celine Dion CD on your boombox while at the beach, you are breaking the law if anyone else can hear it? Did you know that you are legally supposed to pay a royalty for every person at the beach who hears that song? Can you believe this shit? Same goes for if you have a party. When you buy music, it is (supposedly) sold to you alone. If you play the music for others, and they haven't paid for the same CD, then you are breaking the old copyright law, and parts of the new one. Again, can you believe this shit??

This ain't right. Copyright laws and attitudes have swung WAY too far into the favour of big industry, namely the music and movie industries. Something has to be done about it. Me? I'm looking to actively break the law, so if you know any source for bootleg or smuggled CD-Rs, get in touch with me once this latest tax/levy/royalty cuts in.

And don't even get me started on the issue of "license agreements" for software....

Till next time, thanks for stopping by.

Oh, a PS. Thank you to the three of you who took the time to write me or Jeanette about her loss. It's really appreciated. I am dissapointed that several of you, people who I thought were our net friends, didn't write at all, or even express your sympathies via ICQ. I guess I expected way too much. 'nuff said on that though.

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