ROBIN MORLEY: Copyright Implications On The Net

Many musicians bemoan the Net's implications for copyright — but, as Robin Morley says, people in glass houses shouldn't throw stones...

Don't look now, but someone's nicking your music, and you won't see a penny for it. How does that make you feel?

If you're anything like most musicians I've met, the answer is probably "homicidal". I recently attended a PRS meeting where 'Music and the Internet' was on the agenda. Within minutes of the topic arising, a large section of the gathering was grilling the PRS board aggressively about copyright, piracy and free downloading,

Watching the 'suits' squirm beneath the onslaught, two thoughts came to mind. The first, echoed by one of the few 'name' songwriters in the room, was pragmatic: as largely unknown artists trying to make a name in the oversubscribed music world, we should perhaps feel encouraged that anyone would even bother to listen to our songs, let alone copy them. (Feel free to pelt me with eggs at this point, gentle reader.)

As for my second thought, I'll admit that it's cynical, but it's borne out by experience. Us musos are quick to scream about copyright theft, whether it's Net‑based or more traditional ("yes, I know Dr Dre rarely visits Exeter's smaller live music venues, but I'm telling you, he's nicked my chorus!"). But can we really get on our high horse about the subject? I think not.

Since my first day in the studio, 11 years ago, when someone slipped me a disk containing a cracked sample editor, I've seen a lot of pirated software in the hands of musicians. And as virtual environments catch on, piracy opportunities multiply. Only hardcore criminals would walk out of a store with a stolen compressor or synth. But the plug‑in world means that not only is it easy to do the software equivalent, it barely even feels like stealing.

We don't need to know anyone to get the goods from these days, either — the world's Net servers are crammed with dodgy files. And it's fun being naughty, right? It's rock 'n' roll! We're modern‑day digital highwaymen, flicking two fingers in the face of a conformist society as we... er, download some really nice mastering tools.

Except that's exactly what students in America say, as their university‑subsidised 'fat pipe' siphons yet another album via Napster onto a gleaming CDR. And just as we and the music industry argue that theft of music copyrights will mean fewer artists developed, and more musicians on the breadline, so it is with software. Someone pays for our piracy.

"OK," interjects the 'warez dude' in the corner, "but it's only big companies getting ripped off. They can afford it. Just look at the cost of software." Prices may be artificially high, or they may not. But as the percentage of pirated goods increases, so must the price.

In any case, the "screw the big companies" argument is another one used by those pro–Napster scoundrels. It runs like this. Time Warner (EMI, Sony, etc) is a large company. Large companies are rich. Major–label deals are a scam, so artists hardly see any money from sales anyway. Plus, all artists are loaded (can you spot the non sequitur here?) Result: one hard disk full of dodgy MP3s, and a clear conscience.

But, as anyone at that PRS meeting could tell you, this argument simply won't do. The precedent that Music Is Free is a dangerous one. Intellectual property owners must receive their due, or we're all up overdraft creek without a paddle. So why do we behave as if there's one law for musicians and another for software developers? Probably because we can — with no immediate ramifications.

What I'm suggesting is simply that we recognise software theft as just that — theft. And that, as producers of intangible, easily cloned goods ourselves, we face our own hypocrisies.

Does that include yours truly? Of course. I've got 'previous' in the copyright theft area, via uncleared samples, if nothing else. And though I'm a firm believer in music rights, I use Napster nonetheless. Sometimes I buy the CDs I've downloaded, but sometimes (shudder) I don't. How can I justify that? Well, my stuff's out there too in Napsterland, being swapped and copied — does this qualify as copyright karma? Hmm... whoever said "there are more questions than answers" was a wise soul...

If you'd like to air your views in this column, please send your ideas to: Sounding Off, Sound On Sound, Media House, Trafalgar Way, Bar Hill, Cambridge, CB3 8SQ, UK. Any comments on the contents of previous columns are also welcome, and should be sent to the Editor at the same address.