Copyright or Copywrong? Part 3
Posted by jamesfrankel on February 21st, 2007
DRM, PowerPoint & Fair Use
If you’ve ever tried to insert an audio file that you purchased from the iTunes Music Store into a PowerPoint presentation, then you know that you can’t do it - or can you? All of the files that are sold on the iTunes Music Store come with a protection known in the music industry as DRM - Digital Rights Management. Music files on iTunes are formatted as Protected AAC files. These are basically MP3’s with encryption that forbids them from being copied onto more than five machines. Most music lovers are not fans of this system, as it restricts the devices that you can play your music on - specifically, any song that you purchase through iTunes will only play on your iPod - unless you circumvent the DRM. Apple founder Steve Jobs has posted his thoughts on the rationale behind imposing his FairPlay DRM system on iTunes customers. In a nutshell, FairPlay is a part of iTunes to appease never record industry executives who are concerned about piracy.
There are a number of applications available online to “crack” the DRM on iTunes songs, including the well known Hymn Project, and an application called Blaze. Both of these applications have had legal issues with Apple who is desperately trying to crush these applications. Most iTunes customers know that there is an easier, if not costlier way to break the DRM on Protected AAC files. By making a playlist that includes Protected AAC files and burning them onto a CD, iTunes users can change their iTunes preferences (under the Advanced menu option) to use the MP3 encoder when importing files. Once that has been changed, users simply insert the burned CD and import the files as MP3s. Once in the MP3 format anything can be done with the files, including copying them and saving them to other MP3 playback devices. This is also the way to use those music files with a PowerPoint presentation. PowerPoint only plays MP3 audio files - not Protected AAC files. So the question is, is it legal or even Fair Use to “crack” the DRM on an iTunes music file for use in the classroom?
The answer is simple - NO. It is technically illegal to remove the DRM protections from an audio file. While it is certainly Fair Use to use a song that you purchased through the iTunes Music Store for your class, you are technically only allowed to play the file through iTunes. Sounds crazy right? I have done an extensive amount of research on this question, and I have found numerous sites that clearly state that circumventing DRM is illegal, so even if you are using the files legally, you can’t convert them to make your PowerPoint presentations (or any other type of multimedia format) easier to use with your students. It is interesting to note here that this problem does not exist if you use Apple’s presentation application Keynote. You can easily play iTunes files in a Keynote presentation - even if they are Protected AAC files. Word to the wise: use only legal MP3 files with your PowerPoint presentations or convert to Keynote. If you want to use iTunes files, exit your PowerPoint presentation and play the files through iTunes - it’s a Fair Use and it’s legal. Are copyright laws making you crazy? You’re not alone.
I welcome your comments and suggestions.
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February 22nd, 2007 at 9:00 pm
James,
I agree with you that that act of “cracking” a DRM encoded file is illegal but whether or not it is unethical is another problem…
DRM, at the moment, seems to be a necessary evil but I have to side with Steve Jobs and Bill Gates on this issue. If I legally have purchased the rights to enjoy an artist’s song, then it only seems fair that I should be able to play it back on whatever type of media players that are in my possession.
The restrictions of DRM encoded media files add a frustrating layer to the user’s (read “consumer” here) original purchase intent- that of freely enjoying the music which he/she has legally purchased.
I think that many of us should consider the sound advice that Bill Gates has recently offered in the public arena regarding this very issue. His short-term advice: “People should just buy a [the] CD and rip it. You are legal then.” This completely circumvents the DRM issue and puts you back in not only “ethical right”, but also the “legal right”.
Personally, unless I’m forced to buy DRM encoded music files in the future, I will always purchase the CD. I certainly don’t want to not afford the hard working musicians their proper due, but the hassle that is being created and has been created with the current way DRM schemes are implemented border on customer harassment and may be hurting the musicians in the long term.
For what it’s worth,
Joe Pisano
February 25th, 2007 at 10:32 am
[…] The DRM issue is one that is both frustrating and confusing. James Frankel has published a number of his thoughts about this subject on his website: Music Technology in Education. In his latest article: Copyright or Copywrong III he brings up many good points and considerations about using DRM in the classroom and states that using a cracked DRM file in class, even if you own it, is illegal. [DRM] Any technology used to protect the interests of owners of content and services (such as copyright owners). Typically, authorized recipients or users must acquire a license in order to consume the protected material—files, music, movies—according to the rights or business rules set by the content owner.(The definition of DRM is from Google. Information about this tool) […]
February 25th, 2007 at 2:38 pm
Joe,
You bring up some excellent points about the ethical side of DRM. Quite frankly, I couldn’t believe what I was typing about the legality of converting Protected AAC files to MP3s for use in the classroom. I have a huge problem with someone telling me what I can and cannot do with legally obtained music. While I do believe that DRM was implemented to help ease the fears of Record Company execs about their music being sold in the digital domain, I believe that what I am talking about in my post should be Fair Use. Copyright Law, in it’s current form, protects only the copyright holders - usually one of the four mega-conglomerates that own pretty much everything. It’s no longer a protection for the artist in my opinion. As music teachers almost all of our actions that involve breaking copyright laws should fall under Fair Use (except for pirating music of course). I am a huge fan of Lawrence Lessig and his work with the Creative Commons. I urge everyone to check out his site and the work he is doing to help ensure that future generations will be allowed to use materials as inspiration for new works.
You are right - DRM has lots of issues concerning ethics and ownership. I think that it is important that every teacher know how DRM, Fair Use, and Copyright Law effects almost everything they do in their classrooms.
Thanks so much for your comments,
James
February 26th, 2007 at 3:33 pm
[…] I have been posting quite a bit about Copyright, Fair Use, and DRM - Digital Rights Management. What are your feelings about DRM and iTunes? Does Apple (or anyone for that matter) have a right to impose DRM on a product that you are legally purchasing? What are your reactions to the post, and the comments from Joe Pisano on my blog? […]
February 26th, 2007 at 5:11 pm
[…] I have been posting quite a bit about Copyright, Fair Use, and DRM - Digital Rights Management. What are your feelings about DRM and iTunes? Does Apple (or anyone for that matter) have a right to impose DRM on a product that you are legally purchasing? What are your reactions to the post, and the comments from Joe Pisano on my blog? […]
March 2nd, 2007 at 12:39 am
[…] I have been posting quite a bit about Copyright, Fair Use, and DRM - Digital Rights Management. What are your feelings about DRM and iTunes? Does Apple (or anyone for that matter) have a right to impose DRM on a product that you are legally purchasing? What are your reactions to the post, and the comments from Joe Pisano on my blog? […]
March 3rd, 2007 at 12:06 pm
[…] I have been posting quite a bit about Copyright, Fair Use, and DRM - Digital Rights Management. What are your feelings about DRM and iTunes? Does Apple (or anyone for that matter) have a right to impose DRM on a product that you are legally purchasing? What are your reactions to the post, and the comments from Joe Pisano on my blog? […]
March 5th, 2007 at 12:04 pm
[…] I have been posting quite a bit about Copyright, Fair Use, and DRM - Digital Rights Management. What are your feelings about DRM and iTunes? Does Apple (or anyone for that matter) have a right to impose DRM on a product that you are legally purchasing? What are your reactions to the post, and the comments from Joe Pisano on my blog? […]
March 18th, 2007 at 9:39 pm
[…] I have been posting quite a bit about Copyright, Fair Use, and DRM - Digital Rights Management. What are your feelings about DRM and iTunes? Does Apple (or anyone for that matter) have a right to impose DRM on a product that you are legally purchasing? What are your reactions to the post, and the comments from Joe Pisano on my blog? […]
October 20th, 2008 at 8:09 pm
[…] about this subject on his website: Music Technology in Education. In his latest article: Copyright or Copywrong III he brings up many good points and considerations about using DRM in the classroom and states that […]