Know Your Rights Before You Throw Your Weight Around; Carol Kaye's Misguided Fight Against Digital Piracy

It is completely understandable that artists resent theirbe like trying to blame Ford for making the getaway
intellectual property being pirated. As it is, the majoritycar used in a bank robbery. Technology is agnostic;
of the money made from their music goes tohow individuals use that technology is not the
publishers, record labels, agents and/or managers,responsibility of Google or any other search engine.
leaving the performers with a small piece of the pie.That is true of any technology that has other valid
So when pirates chip away at their earnings evenuses.
more, frustration can boil over to anger.This was the heart of the issue when Sony sued
But artists need to take a strong lesson from CarolBetamax, claiming video tape machines were being
Kaye: know your rights before you throw your legalused to illegally copy shows and movies that were
weight around. Kaye, who turns 75 on March 24, is abroadcast on television. The Supreme Court rules in
legendary studio musician and was one of the fewfavor of Betamax and part of the ruling centered on
professional female bass guitar players of herthe fact the VCR's had legitimate uses that
generation. She has taught guitar for fifty years andsuperseded any illegal activities engaged by individuals.
has written several books on how to play the guitar.The same logic applies to copier machines.
When Kaye discovered that some of her sheet musicBut Kaye didn't stop there. She went after a blog site
and courses are available on various torrent sites.that covers torrent news and accused it of
There is no shame in not knowing the infrastructureinfringement, apparently believing that writing about
hierarchy of the Internet or understanding howtorrent sites was equivalent to offering illegal files for
copyright applies to this new medium. What's notdownload. And she followed up that belief with a
excusable is remaining ignorant and waging atorrent of her own – a diatribe against the blog site.
misguided fight against digital piracy. While there can beThe unfortunate aspect is, instead of drawing attention
little argument that piracy of copyrighted material isto the real problem of piracy, Ms. Kaye has herself
both illegal and immoral, you cannot blame technology.become the focus, and not in a good way. So before
At one point, Kaye announced that she had filed aany artist starts tossing legal threats, they need to
complaint against Google with the Federal Trademake sure the go after the actual infringers and refrain
Commission for allowing illegal downloads. That wouldfrom shooting the messengers or innocent bystanders.