HarringtonLaw wrote:
JoeChartreuse wrote:
Why the difference in price?? DT cna licence the download, but CAN"T LICENSE THE USAGE. Therefore, no reason to charge one price for home use- the only one allowed- and commercial use, which they can't license.
SO- why the price difference?
It ought to be a sufficient answer to say "because they can," but your assertions about licensing are an incomplete statement of the rules (and laws) regarding licensing. A more complete statement, which I will give below, illustrates exactly why there is a price difference beyond DT's whim.
First, DT--as the owner or exclusive licensee of the copyright in the sound recordings--has an exclusive right in the public performance of the sound recording because it was transmitted via a digital download. Ordinarily, the owner of copyright in a sound recording cannot control the public performance of the sound recording. The one exception is when there is a digital transmission (delivery) of the sound recording. For that reason, DT can set conditions on public performance of a sound recording in a way that music producers normally cannot. The fact that permission that DT gives is
insufficient to enable a public performance does not mean that the DT gives is
unnecessary.
.
Bad phraseology on my part, Jim. My apologies. The point that I was trying to make was that one must have permissions from BOTH agencies for full liability coverage. Having only one
or the other still leaves one liable to litigation from the unsigned entity.
The fact remains that while DT may be able to give permission to download their products, they cannot give the permission for professional usage that the owner/publisher can. Hence, insufficient.. Our opinions differ in regard to digital transmissions, but that will have to be decided in court at some point due to volume of use anyway. No need to bother with it here.
However, you have answered my question regarding the higher pricing for use of the pro service: It
may be due to higher costs to DT, or it
may be simply because they can.
Nothing wrong with that either. Go to a drug store and look for a name brand over-the-counter med. It will be much more expensive than the generic, usually because of the original research, licensing, and advertising costs.
However, then the fun begins. look at the generic label in the same store and it's a few dollars cheaper. so far so good. But wait! Look at
that exact same generic,- same date codes, same quantity, same dosage- going for a dollar at the dollar store. Why the HUGE price difference? Because they can. The American Way.
I'm just pointing out that I am not knocking DT's pricing policies, I was just looking for an answer.