i would argue that the exact same factors are in play if i work for years to perfect a gumbo recipe and you take it and cook it up against my wishes. you would certainly scoff at my request not to distribute my recipe/information for free. and you should scoff, right? why the difference? dunno, just hate it.
I've explained this ad nauseum. It's called fair use. If you publish the martin cookbook, then I can read it and use the recipes freely. It's fair use. If I copy the martin cookbook instead of buying or borrowing a purchased copy, then I am stealing from you. I know that you understand this, you just hate to admit that you are a criminal of long standing.
Let me see if I follow you here. If I buy a CD I have the right to play it, even in front of others. I can even sing the song, as long as I am not profiting from the lyrics. If I copy the CD that at some point was obtained legally, but I did not pay the artist\oowner for the music I put on the CD, or somehow cut the artist\owner out of the revenue stream, then that is wrong. Is that it?
totally arbitrary. fair use = we wish we could stop you from doing it, but we cant. your use of my recipe is just as damaging to me whether you keep my cookbook permanently or not. the copy in your head is exactly as useful after you memorize it. soon enough everything ill be legal. eh? i freely admit i am a criminal. i steal like a madman. i enjoy it. when my classic american world changing novel comes out, you can steal it and put it on your kindle, i wont mind. what has actually happened is the music industry has bullied the government to maintain failing business models. it cant last.
You could make an equally valid case for encouraging more creativity. With the accessibility afforded by better technology, artists can't slip one amazing song on the radio and then have everyone pay for it and 15 terrible songs on the CD any more. With the ability to purchase a single song on iTunes, I would think artists are more interested in making a bunch of good music instead of a bunch of filler garbage. I'll be honest, I download music on occasion but if I find more than 2 or 3 songs from a single CD that I like, I will make it a point to go buy that CD. If the rest of their songs suck, I'm not going to waste money on a CD full of crap. Sorry. Perhaps I would be more sympathetic if a musician's "fair wage", as you call it, was a little closer to a normal salary. Even with a bajillion people stealing their music, they aren't exactly struggling to make it by. I know that view doesn't make any sense from a logical standpoint but I don't care.
Lets say you don't buy the martin cookbook. You check it out from the library, As you read through the cookbook you say to yourself "where does this martin guy get off calling himself a chef? This stuff all sucks" But before returning it to the library you stumble upon his recipe for Athiests Etouffe. It looks great and is surprisingly simple to make. So simple, in fact that you find it easy to remember how to make it without even copying it down on paper or on a file to your computer. You return martin's cookbook to the library and later make a big batch of Athiests Etouffe and serve it to a bunch of people. One of your guests asks you for the recipe and the recipe being so simple that instead of writing it dow you give it to him or her verbally. Have you stolen from martin? I don't see any difference between that and downloading the one or two songs that you like on an album and then playing those songs at a part with a room full of people What if you have loved the martin cookbook so much that you bought yourself a copy. Later you give a friend a copy of one or two of the recipes they like and you write them down or email them to your friend. You have deprived martin of the revenue he would have received if your friend had purchased the book. By your own definitions you are a thief and your fried is guilty of receiving stolen property. Or do you feel that recipes are meant to be openly shared but music is not? Or is it the fact that the music industry wis vry powerful and can afford high priced lawyers that the cookbook industry can only dream about affording Or is it that many musical artists are very rich and all but a very few of the cookbook artists are in much more modest financial circumstances? Whats good for the goose is good for the gander You can justify stealing martin's epicurean creations but if you were a musician and found out that martin or anybody else had dowloaded one of your songs without paying for it you would sue him
My two cents = As long as you aren't passing the music off as yours to make money on it, no problems. If you're burning cd's of other artists and then selling said burned cd's then there's a problem. I have saved tons of pictures on my computer from google searches and have paid no one. But I don't try and sell it and pass it off as mine.
You are allowed to make copies for your personal use on CD's, iPods, or tapes that you own. You are not allowed to distribute copies because royalties have not been paid on them. You can resell or give away the original CD because royalties have been paid on it.
I've shown you the true fair use definition and it is easy to understand. It's the law. It's right and proper. You want a martinworld definition, but you can't make it so by crying about it.