Brazil Looks To Criminalize Ripping A CD?

from the how-quickly-they've-fallen dept

Over the past few years, it really looked like Brazil was close to becoming one of the most progressive countries on copyright issues. It was embracing fair use and the public domain in a strong way, and was even considering proposals to fully legalize file sharing. And, of course, the music industry is thriving in Brazil as well, in part due to the embracing of free distribution. The government had also embraced open culture in a variety of ways, even using Creative Commons licenses on government websites.

How quickly things change.

Within months of a new administration coming to town, the new Culture Minister, ordered the Creative Commons license off of the Ministry's website. When asked why, she said "We will discuss copyright reform when the time comes." But having a CC license on a webpage has nothing to do with copyright reform. However, it was a warning sign that such efforts were coming, and rather than continuing the progress made in the country, the new administration was looking to go in the other direction.

Now it appears that we're seeing some of those efforts in action. The country is considering a broad new "cybercrime" bill, that, among other things, will criminalize both file sharing and ripping a CD to a computer. File sharing may involve infringement, but at a civil, not criminal level. The fact that the government seems to be going much further is ridiculous -- especially at a time when the Brazilian technobrega scene has demonstrated so clearly how an entire musical culture can thrive (and make lots of money) without even using copyright (and even actively ignoring it and encouraging the widespread sharing of works).

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  1. icon
    Karl (profile), 28 Aug 2011 @ 4:44pm

    Re: Re: Re: Brasil's Reasons

    I got a large royalty check today from a record company for my involvement with an album. It was accompanied by a thing known as a royalty statement.

    Frankly, I don't believe you, at least not if you're talking about royalties from record sales.

    According to the labels themselves, 90% of musicians on major labels are "unrecouped." Until they are "recouped," they will never see any royalties from record sales. And this figure has been quoted for decades - even in the late '90's and early 2000's, when the major labels were making more than they had been in their entire history.

    Now, artists may see royalties from other sources, especially if they're a songwriter as well as a performer. Mechanical royalties, for instance - but those are paid when the recordings are manufactured, not when they're sold. Royalties from terrestrial radio or SoundExchange are also not dependent upon record sales.

    You also don't usually get royalties (or own any part of the recording) if you're a session musician; you get paid "union scale."

    So, about the only way you could be telling the truth, is if you're a record producer who gets "record one" royalties - royalties off of every record sold, regardless of whether the album is recouped or not. Only "superstar" producers get record one royalties, and I somehow doubt that you're Quincy Jones.

    Of course, that's for artists in America, so the other possibility is that you're a foreigner. However, from the very little I've been able to dig up from the websites of ECAD and ABPD, things work the same way in Brazil.

    Silly me, I forgot that you're a meaningless, worthless no-contribution-to-society-whatsoever leech that goes on pirate forums espousing retarded rationalizations for his illegal and amoral behavior in feeding his incurable content addiction.

    No, he's not a record label executive. What on Earth gave you that idea?

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