From: owner-jewel-digest@smoe.org (jewel-digest) To: jewel-digest@smoe.org Subject: jewel-digest V8 #34 Reply-To: jewel@smoe.org Sender: owner-jewel-digest@smoe.org Errors-To: owner-jewel-digest@smoe.org Precedence: bulk jewel-digest Sunday, February 2 2003 Volume 08 : Number 034 * If you ever wish to unsubscribe from this digest, send an email to * jewel-digest-request@smoe.org with ONLY the word * unsubscribe in the BODY of the email * . * For the latest news on what Jewel is up to, go to * the calendar page at the OFFICIAL Jewel web site * at http://www.jeweljk.com/low/calendar.html * . * PLEASE :) when you reply to this digest to send a post TO the list, * change the subject to reflect what your post is about. A subject * of Re: jewel-digest V8 #___ gives fellow list readers * no clue as to what your message is about. * Also, PLEASE do not quote an entire digest when you reply to the * list. Edit out anything you are not referring to. ---------------------------------------------------------------------- Date: Sat, 1 Feb 2003 02:10:47 EST From: FreckledAngel@aol.com Subject: [EDA] political and social commentary I'm psyched to hear Jewel's political and social commentary in her next CD...I've always enjoyed her commentaries in songs like SATELLITE and WHO WILL SAVE YOUR SOUL and others... ------------------------------ Date: Sat, 1 Feb 2003 00:43:06 -0800 From: "Bob" Subject: Re: [EDA] Goldie Hawn to direct Jewel's new movie? You are correct, Who is Pete Townsen. > Is she talking about these people on the songs?? Roman Polanski??? Wow! > Bizarre! Who is Pete Townshend? ------------------------------ Date: Fri, 31 Jan 2003 22:51:46 -0800 From: Paul Schreiber Subject: Re: [EDA] Copyright stuff... Mirinda asked: > If it's never been put on any format then how can it be copyrighted? > So you > are saying that if I come up with a little jingle in my head, sing it, > and > put it on the net, that no one can ever download it because it is > copyrighted? I don't agree with that. If it is something that she > recorded > in a studio, then yes I would agree with you. Okay, time for copyright 101. :-) First, an important distinction: copyright protects expression, not ideas. So, the jingle in your head is not protected. However, as soon as your write it down or record it, it becomes immediately protected. You don't have to register a work with the copyright office to be granted protection. Second, having copyright on a work gives you the right, but not the obligation, to control reproduction, distribution, translation and so on. You are allowed to give people the right to, say, copy your work for only noncommercial purposes. If you're interested in allowing certain uses of your work, check out the Creative Commons project: http://creativecommons.org/ Now, in the case of music, there are several types of copyright that apply:  the copyright on the lyrics  the copyright on the music  the copyright on the recording of the music The first two usually belong to the songwriter, i.e. Jewel in this case. They're both covered under circle-C (C) copyright. The copyright for the recording itself is referred to as the circle-P (P) copyright. This copyright is usually owned by the record company. The record company has ownership because the album is typically considered a "work for hire." If you want to *perform* this music yourself (have your band cover it, play it in your restaurant, etc.), you don't need to ask permission; you pay a performing rights organization (PRO) SOCAN, ASCAP, BMI or SESAC and they send Jewel a check. In this case you needn't be concerned with the circle-P copyright, since you aren't modifying a recording. And since you're not reproducing the lyrics, you don't need to worry about that, either. So what about *reproducing* the recordings (songs) themselves? The easy answer is: can I make money doing this, i.e. copy Jewel's music and sell it? The answer is no. What about noncommerical use? That varies a lot by jurisdiction. For example, in Canada, private copying is *legal*. It's okay for you to make a copy of your friend's CD. Why? As Mario Bouchard, Counsel General for the Copyright Board of Canada explained: > Manufacturers of blank audio recording media are required to pay a > levy on each blank medium they sell. The money is collected by a > single entity (non governmental) and is divided amongst eligible > rights holders. Private coyping is legal, whether or not those who are > liable to pay the levy do so. Section 80 of the Canada Copyright act states: http://www.cb-cda.gc.ca/info/act-e.html#80 > [T]he act of reproducing all or any substantial part of ... a > performer's performance of a musical work embodied in a sound > recording ... onto an audio recording medium for the private use of > the person who makes the copy does not constitute an infringement of > the copyright in the musical work, the performer's performance or the > sound recording. This is not the case in the USA. So when else is copying okay? When your use of the material is considered "fair use." Fair use (called "fair dealing" in Canada) exceptions include (a) research or private study (b) criticism or review and (c) news reporting. In the US, this is covered under Title 17 of the US Code, Section 107: http://www4.law.cornell.edu/uscode/17/107.html In Canada, this is covered under section 29 of the Canada Copyright Act: http://www.cb-cda.gc.ca/info/act-e.html#29 Mike Connell wrote: > [MrBB] had to transcribe the lyrics and make a few CDs of each piece > of new material > to send it off to Atlantic Records so they could do their magic, > including copyrighting it. That's actually incorrect. You don't have to do anything to the work to have copyright apply to it. However, it is a good idea to register your work with the copyright office; this gives you a stronger case should a legal dispute arise. The US Copyright Office is here: http://www.loc.gov/copyright/ You can look up registered copyrighted works here: http://www.copyright.gov/records/cohm.html If you look up Jewel, you'll see she's registered many works, including "Adrian," "You Were Meant for Me" and "Face of Love." Paul shad 96c / uw cs 2001 / mac activist / fumbler / eda / headliner / navy-souper fan of / sophie b. / steve poltz / habs / bills / 49ers / dreams last so long / even after you're gone / - --Jewel Kilcher and Steve Poltz, "You Were Meant For Me" ------------------------------ Date: Fri, 31 Jan 2003 22:58:19 -0800 From: Paul Schreiber Subject: Re: [EDA] Re: Copyright Stuff Mark wrote: > To me, debating this is really pointless. The fact that its stealing > and > illegal cant really be debated. Its a fact. You can't wash the sin > from your > hands by debating it. This is actually not the case. Theft generally refers to the taking of a physical object. If you steal my car, I no longer have use of the car. This is illegal, and is a criminal violation of the law. However, if you make a copy of a song I wrote, that's not theft. What it _might_ be is infringement. There's a big difference between infringement and theft. I'm not just splitting hairs here. First of all, assuming you're not in Canada (where private copying is legal), and you're not using my song for a fair use such as research or study purposes, than what you've done is probably infringement. However, this is likely only a civil copyright violation -- probably carrying fines. On the other hand, should you set up a manufacturing plant and produce copies of my CD and sell them, well, that's definitely criminal copyright infringement. That carries fines *and* jail time. Paul shad 96c / uw cs 2001 / mac activist / fumbler / eda / headliner / navy-souper fan of / sophie b. / steve poltz / habs / bills / 49ers / dreams last so long / even after you're gone / - --Jewel Kilcher and Steve Poltz, "You Were Meant For Me" ------------------------------ Date: Fri, 31 Jan 2003 23:14:54 -0800 From: Paul Schreiber Subject: Re: [EDA] Re: Copyright Stuff Larry wrote: > It is and for the entire history of this country has been illegal to > "share" property that does not belong to you. [Ignoring the fact the copies aren't always physical property...] That's not true. When the US first became a country, only works created in the US were granted copyright protection. Works created elsewhere -- such as in England -- were not granted protection, and anyone was free to reproduce them. This changed in 1976, when the copyright act was revised and "phased out a protectionist manufacturing clause that had required foreign works to be set in type in the United States in order to receive U.S. copyright protection." http://www.wld.com/conbus/weal/wcopyint.htm (It may have changed earlier, but I can't find a reference right now ... if this is really bugging you, I will try and dig something up.) The US didn't become a signatory of the Berne Convention -- granting complete reciprocity to foreign works -- until 1989. Paul shad 96c / uw cs 2001 / mac activist / fumbler / eda / headliner / navy-souper fan of / sophie b. / steve poltz / habs / bills / 49ers / "No man's life, liberty or property are safe while the legislature is in session." -- NY Judge Gideon Tucker, 1866 ------------------------------ Date: Sat, 01 Feb 2003 07:14:52 -0800 From: "Larry G." Subject: Re: [EDA] Re: Copyright Stuff Right you are. I was talking about general common law property, not copyrights, in that context, as the person who posted was talking about "sharing" generally and said something like "it has never been illegal to share" things in general. - -=-L-=- Paul Schreiber wrote: > > Larry wrote: > > > It is and for the entire history of this country has been illegal to > > "share" property that does not belong to you. > > [Ignoring the fact the copies aren't always physical property...] > > That's not true. When the US first became a country, only works created > in the US were granted copyright protection. Works created elsewhere -- > such as in England -- were not granted protection, and anyone was free > to reproduce them. > > This changed in 1976, when the copyright act was revised and "phased > out a protectionist manufacturing clause that had required foreign > works to be set in type in the United States in order to receive U.S. > copyright protection." > http://www.wld.com/conbus/weal/wcopyint.htm > > (It may have changed earlier, but I can't find a reference right now > ... if this is really bugging you, I will try and dig something up.) > > The US didn't become a signatory of the Berne Convention -- granting > complete reciprocity to foreign works -- until 1989. > > Paul > > shad 96c / uw cs 2001 > / mac activist / fumbler / eda / headliner / navy-souper > fan of / sophie b. / steve poltz / habs / bills / 49ers / > > "No man's life, liberty or property are safe while the legislature > is in session." -- NY Judge Gideon Tucker, 1866 ------------------------------ Date: Sat, 01 Feb 2003 15:16:19 -0800 From: "Jewel Worshiper" Subject: [EDA] "Planet Jewel" Website? um... sorry if this has been discussed before but... i had "Planet Jewel" in my favorites folder, and when i clicked on it.. it took me to a Jesus site............. lol....... i mean... i know Jewel is god but.... ;) Anyway... what happened to the site? :) - --Jewel Worshiper-- http://www.angelfire.com/sk/killorgeteven/pale_shade_of_grey.html (my Jewel Page) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Jewel is GOD WWJD --- What Would Jewel Do "the hardest thing in the world is to live in it" ~buffy "cheerleaders are dancers who have gone retarded" ~bring it on _________________________________________________________________ The new MSN 8: advanced junk mail protection and 2 months FREE* http://join.msn.com/?page=features/junkmail ------------------------------ Date: Sat, 1 Feb 2003 18:23:36 -0500 From: "Scott" Subject: Re: [EDA] "Planet Jewel" Website? I was the owner.. I closed down because I didn't have the time to update it anymore and I decided to just retire it reather than pass it to someone else.. - -- Scott http://scott.rocket-fish.org/ http://syd.rocket-fish.org/ ------------------------------ Date: Sat, 01 Feb 2003 11:45:01 -0600 From: Christene LeDoux Subject: [EDA] Help with booking; Oklahoma, New Mexico & So. California area... Hi everyone! I hope this finds you warm, cozy and having a stress-free week... I have tied up most ends of my upcoming 2-month tour with the exception of these states on these dates. I have a few pending but until I am confirmed, I am covering all bases. Any help/ideas/leads -sharing a gig? would be so appreciated! I will return the favor here in Nashville or S.F, CA where I am connected... I will also send you resources I have via the internet ASAP! If you are not interested in that, I will send you the MEANEST batch of cookies and be eternally grateful for life. <3 To hear me music & read more: http://www.ChristeneLeDoux.com lv, Chris States/Dates: (DATES ARE SOMEWHAT FLEXIBLE WITHIN A FEW DAYS) Oklahoma: March 18-21 New Mexico: March 21-24 Flagstaff/Tusyan/Sedona, Arizona: March 24-27 So. California area (San Diego? L.A? & ?): April 1-3 Thanks for reading and thanks in advance for any help! Feel free to contact me via e-mail or phone @: Spring2003@ChristeneLeDoux.com or Little Pumpkin Music: 615.297.3907 "little lighthouse" (formerly, "Accidentally Happy") Christene's Debut CD is HERE!! Sample it @: http://www.ChristeneLeDoux.com NEW WEB SITE UP!! Little Pumpkin Music PO Box 120212 Nashville, TN 37212 ------------------------------ End of jewel-digest V8 #34 **************************