p2p news / p2pnet: Yesterday, p2pnet reported a deal between Hungary’s National Association for Consumer Protection (NACPH) and Artisjus, the local representatives of ‘authors and performers’.

But while the words read well on the surface, they hide a number of realities the Big Four record labels would rather you weren’t aware of, writes Benedek Toth.

Why?

Because Artisjus isn’t merely similar to the RIAA, or other well-known "associations," he declares.

It’s even worst.

It’s the RIAA under government roof.

>>>>>>>>>>>>>>>>>>>>>>>>

Artisjus was founded to control Hungary’s much hated copyright levy system. Its job is to determine how much people need to pay for ‘fair use’.

And they have to pay a lot. For example, a blank dvd costs a little more than $1. But of that, 75 cents is tax which goes straight to Artisjus. (That, in turn, is why so many Hungarians go to Slovakia and other nearby countries to buy blank media.)

Meanwhile, Artisjus is also paid for music played anywhere. They levy ringtones, music in shops, memory cards, concerts, radio, libraries, television and of course the internet. So even if it’s "fair use," you pay, and I mean a lot

Nor are they cheap online. For example, when you have your own (or Creative Commons or any) music in your (non-profit) podcast, you have to pay Artisjus 15 cents per download and per track.

Not much? If the same prices applied to radios, even the smallest local would have to pay millions every month.

And the best part: On the agreement, you read about how bad DRM is, and how much Artisjus despises it. If that’s so, why are they giving a 20-35% discount for stuff that contains DRM?

At the end, Artisjus contributes to artists, but here’s my favorite:

Artisjus is state run, remember, and it doesn’t publish how much goes to whom. Nor does it say how it decides the split. So don’t believe this money goes to young, talented musicians, or to those whose songs were downloaded/copied/played most.

Guess where it really goes?

"Fair use" is currently a much bigger business, here in Hungary, than selling CDs, and with that in mind, I’d like to emphasis a few lines from the agreement.

The commercial exploiters of music should disseminate the works to the public in a way that respects the moral rights of authors as well.

– We limit your fair use if we don’t get money from it.

It affords an opportunity for restaurants, radio, television, record labels, internet content providers and each commercial exploiter of music, to take their pick from almost every musical work of the world, irrespective of its genre and others’ business interests.

– Play more. "Our" musicians will get paid for it.

It is becoming increasingly important to protect Hungarian music particularly at a time of intensive, global expansion of theAnglo-American music industry and for this reason, there is a need for the protection of Hungarian authors and performers creating quality music.

– Don’t allow Hungarians to get their music from outside the country. Foreigners don’t pay us.

Copyright is not an obstacle to the public for freely using the content of the work for their own private purposes.

– Yep, we like copyright. But if everyone would respect it, no one would live with our "Fair use"

There should be opportunity for inexpensive access to culture in libraries, archives, schools and museums. Local and national governments should make contributions to this end not only by restrictions of authors’ rights (which seems necessary in the information society), but much more by organizational and financial means.

– The government should sponsor every "Fair use" organization

And another favorite:

The private copying levy paid for blank media is an adequate tool for balancing between different interests, as it makes possible consumers’ protection as well. This levy is justified as long as consumer private copying is technically possible.

– And this shall last forever.

Benedek Toth - p2pnet
[Toth is a software engineer from Hungary. He edits p2pinfo Magyarország, which focuses on about file sharing and related issues, and also contributes to a movie portal and many other file sharing-related sites.]

Also See:
reported - Fair use in Hungary, March 30, 2006

This entry was posted on Friday, March 31st, 2006 at 10:45 am and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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