Here's an example out of the US that is a prime example of why the legal system there is so messed up. A woman from my hometown of Hamilton, Ontario has been detained by US border guards:
The Canadian Press
TORONTO; U.S. Customs and Border Protection says a 74-year-old Hamilton woman has been arrested on a drug warrant issued nearly 30 years ago in New York.
CBP says officers arrested Homenella Cole on Tuesday as she arrived at the Lewiston-Queenston border crossing in Lewiston, N.Y.
Officials say Cole was at the bridge to apply for a criminal waiver that would allow her to enter the U.S. as a visitor.
A warrant was issued on April 1, 1980, by the New York City Police Department charging Cole with possession with the intent to distribute marijuana.
Cole was arrested on the outstanding warrant and is in the custody of the New York State Police pending extradition to New York City.
Beyond your personal beliefs on marijuana, and beyond your beliefs on whether age should have played a part in pardoning this woman, how can a country in deficit justify paying the cost of a) incarcerating this woman, b) providing transportation to New York City, c) providing a public defender, d) holding a trial on a 30 year old charge of possession with intent?
This is so messed up. I can only guess that a government that is so pre-occupied with prosecuting international terrorists will certainly publish a banner headline about their capture and lockup of this international "terrorist". You know she was up to causing trouble as she promptly reported to immigration, without trying to sneak across, and apply for a pardon.
"How many condemnations I have witnessed more criminal than the crime!" - Michel de Montaigne
As a follow-up to my recent post on a response, my reply to a comment made on a statement I made on the copyright.econsultation.ca website about a week ago, I present the next response from someone else who misread my original post and my subsequent reply. All comments are presented unedited.
Her reply after reading my original post, the first commenter, and my reply back (all of which can be read by clicking the above link):
not really- I don't think contentcreator misconstrued. that's how I read it too. if we've misconstrued, by all means, clarify.
and if you think that the 'marketing' as it pertains to artists at the levels where this issue really matters - the ones who have to figure out 'how the F*&k do i try to make enough money to put music out- record a record, pay the studio & musicians and press the thing... even gas to get to the next gig- is separate from the music, then it would make sense as to why you think most musicians are no better than your neighbor or cousin- because you have spent very little time or energy considering your premise.
Insulting, and ignorant, in the classic sense of the word. the artists who are not already established (read- backed by corporate $$), do their own marketing and it's 75% of the work. Which is why your neighbor or cousin- whose talents you so dearly admire- aren't doing it. It takes a passion and dedication that defies logic.... and money, for god's sake.
yeah, sure, art has always existed- but art always had it's patrons who helped finance the artist while they created. The wealthy gave money to artists (as opposed to making money off of artists) because it was the honorable, ethical thing to do and because if they didn't they'd appear crass and cheap.
even touring in Europe you find more generosity towards the artist- for example, after finding out you are a musician, they don't immediately ask you what your day job is. North America has cheapened it.
You're right though- art was always available to the masses- for free. but there were mechanisms in place to allow that to happen.
look at radio. free. but there are mechanisms that are respected and hold broadcasters accountable. If someone is making money off of art and that money is bypassing the artist, that's the only issue I see mattering.
it's just, who? the recordable media producers? the internet service providers? the advertisers who do their advertising because free content draws hits to the sites?
we send people to space, I'm sure there's a way to figure it out.
regardless, the rights of the creator has to be acknowledged- things are changing and writers and creators of all disciplines need to be protected.
man. how the hell do you expect us to eat? marketing is not worth that much to you... worth what?! what have you paid?
personally I think there are a lot of people making money off of 'free' content before it ever gets to the user and they are the ones who should pay... but before you start talking about 'entitlement' consider what you are saying you're entitled to... free access to art at the cost of the artist.
My reply back to her...
My original comment was misconstrued in the sense that the point was about the presumption that copyrighted/industry music was being presented as the hallmark or Canadian culture. The secondary assertion was that art will always exist (even without monetization), and that to imply "professional" artists are necessarily better (or produce better work) than the "amateur" up the street is arrogant.
From those ideas, the first commenter implied that I was somehow all for stealing copyrighted work, that I was implying he should get ripped off, and that I said it was "easy to make a living writing or singing". I never said ANY of those things. That the original commenter and yourself are bringing those suppositions to argument is at once, telling, and, I suppose, not unexpected considering the venue.
I spent years playing in various bands across Ontario for little to no money and never would imply that the effort or drive in monetizing artistic talent is anything less than exasperating. It's the reason I chose to not do it for a living. But don't, for a second, try and make a logic leap that by not choosing to monetize my music anymore, I'm somehow less passionate or talented than anyone else. Not having a passion for business does not preclude abandoning passion for the art.
Choosing to spend money on recording, promoting, and touring is an investment you're making in a life YOU choose to follow. You're banking on your ability to sell your talent like a commodity and are taking the same risks as someone who pours money into research for an invention or buys a stock. You're letting the consumer market decide your monetary reward. And while I hope that you make millions, if no one wants to listen, your bottom line will be less impacted by copyright thieves than your ability to market yourself. Your music may be brilliant. And while you have a right to sell and buy your product as demand dictates, and protect your copyright to boot, you have NO right to expect to make a living from it and NO recourse if you're just simply decades ahead of your time or increasingly derivative and mundane.
With regard to your historical diatribe about patronage and "free art for the masses." Let me first preface by repeating (again) "I NEVER SAID I WANTED TO PIRATE COPYRIGHTED MUSIC OR TAKE MONEY FROM YOU!" Secondly, I'm thinking that the key divide between my original post and your interpretation is with regard to contending definitions of art. Art doesn't have to be "free to the masses" for it be art. Further, art can be locked up in a room for a hundred years and never see the light of day while still being art. The intrinsic value of art, for me, does not rely on the number of consumers ingesting it. While I understand that the entire mechanism around "The Arts" as a monetization industry does revolve around this concept, and that to monetize art does depend on consumers, I have no problem with Nickelback and Avril Lavigne making tens of millions of dollars around the world and in Canada. Can't stand the music, but I don't begrudge them making money nor do I plan on ever asking for it to be free.
Next, in considering a couple of your assertions...
Radio is NOT free or it would not exist as mass media. That I give up 10-20 minutes per hour listening to ads is perhaps the most expensive use of my time and the main reason I don't listen to most commercial radio. By the way, someone IS making money off of art that is bypassing the artist: The Record Companies - usually from 90-99% of it!
Where do I get free access to art? Not television, radio, or websites. Contending with ad-based promotion is not free for me. That a hundred thousand musicians choose to put their music up on MySpace and allow Rupert Murdoch to reap the benefits is not my fault or choice. If you can get money from him, be my guest, or take your music down from his site. If a musician puts music on MySpace it's for one of two reasons: 1) to share it without expectation, or 2) to use the service as a promotional tool - that's called a commercial and there's an expectation that goes along with it.
I'm curious to know what you consider to be the "rights of the creator" and what "protections" you expect (considering that's what these deliberations are truly about anyway). This discussion would be entirely ancillary to the current one however, as I never questioned creator's rights in my original post.
I have spent plenty of time considering the premises of my original post. Unfortunately you have either categorically disagreed (which is your right) or simply not taken the time to understand it. I'll simplify:
1) Art exists without money.
2) Everyone has artistic abilities to varying degrees.
3) To claim that monetized art, alone, is the core of our culture is at once shocking and repugnant. Marketing should not dictate culture.
Those were the ONLY key ideas from the original post. If you reread it without the hyperbole of the first commenter, you might be able to parse said meanings yourself.
Lastly, while I certainly engaged in a couple of exaggerated metaphors in my original post, I never had the gall to call anyone "ignorant" simply because they disagreed with me. If you note a sense of distaste in the above reply, it is returned in kind. You don't know me anywhere near well enough to call me ignorant, and you surely haven't formed a cogent argument behind your symbolized invectives and personal hard luck appeals to sway me from my aforementioned beliefs.
I don't know if she drank so that she could help see Orson, but apparently Cheryl Mork of Saratoga, Wisconsin just couldn't stay sober (and out of her car) long enough to get convicted for the 3rd, 4th, 5th, 6th, or 7th offence of drunk driving. Instead, they had to package them all together in a tidy bundle that resulted in 3 years in prison, 180 days in jail, and 5 years extended supervision.
During her sentencing Mork apologize by sitting face first in a chair and saying, “I’d just like to apologize to my fellow human beings for putting their lives in danger.” Although she didn't add, "especially that 7th and 8th time 'cause I was really shitfaced! Na-Nu! Na-Nu!"
She was sentenced by Wood County Circuit Court Judge Zappen Jr., whose actions really hold little interest to me other than the fact that it has become my new favorite tongue twister... try it 5 times fast!