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Dennis Jernigan's View on Burning Copies of CDs
Songwriter & Artist Dennis Jernigan shares the personal side of why it's important to honor copyrights. Dennis has granted us permission to post this article.
 
Copyright Law & Making Copies of My CDs
I am always blessed when people tell me how my music has affected their lives in some way. One of my favorite things to do is to stand near the front of the concert hall after a Night of Praise and Ministry and hear the stories of people whom God has touched, and to hear their testimonies of healing, deliverance and encouragement.

But one of my least favorite things to hear – and sadly I hear it a lot – is: “I hope you don’t mind, but I made copies of your CD and passed them along to hurting people.”

I hope you understand how hurtful and harmful that is for me and my family. If I can even stammer a reply to these people offering insights into how making unauthorized copies of my CDs affects my ability to provide for my family, the retort is too often, “God gave you the music freely. You should be willing to give it away freely.”

The fact is, we give away large amounts of free music every year already – CDs, MP3 downloads, concerts, TV appearances, YouTube videos, radio airplay, internet radio airplay, web-site streaming, CDs bundled together for significant sale pricing, etc., etc. There is no real need for consumers to be burning copies of CDs with so much authorized free music already available.

It’s disheartening to hear the argument so many people make to rationalize (and you know what Ed Young, Jr. says of the word “rationalize” - we tell ourselves rational lies) their thievery. Their “rational lies” are wrong on four very fundamental levels:

* Only the rights holder has the legal authority to make copies and distribute CDs, or to authorize others do so (whether freely or for a cost). So, anyone who makes unauthorized copies is breaking federal piracy laws. You have read stories over the past few years of how the courts are cracking down on this illegal copying and sharing of copyrighted material. Very simply: you don’t own the rights, then you don’t have the authority to decide whether something should or can be copied and shared without permission or compensation to the rights holder(s). To do otherwise is stealing...period.

* Piracy in the United States alone is costing billions of dollars that rightfully belong to artists, writers, producers, record companies, publishers, retailers, etc. Most consumers don’t realize that there is so very little profit margin in a CD – after you factor in recording costs, art costs, manufacturing, royalties to producers and other publishers/writers, distribution fees, etc., etc. When you see a CD in a store or buy downloads from iTunes, only about 15%-35% of the selling price actually makes it to the rights holders, depending on their contracts and where the CD is sold, and then those rights holders still must pay for their own business operating overhead (salaries, office expense, insurance, etc.) BEFORE they get to account for their own living expenses and those of their families. This means, that stealing music – even in the name of ministry – is not only against God’s commandments, but it literally takes money (and groceries, gas, heat, etc.) out of the artists own family. You may not think that your few (or several?) times a year that you make copies of CDs and give them really hurts anyone, just multiply that by the thousands, or tens of thousands, of others doing the same thing.

* Whether to give the music away for free is the province of my relationship with God. Using the argument, “God gave you music freely. You should be willing to give it away freely,” no one but God and me should decide if and when to do that, to be quite frank. You can urge me to do so, but the decision – the God-given right – is mine as the creator (through the inspiration and gifting of our Lord) of the music.

* King David once wanted to buy a piece of land in order to give the Lord a burnt offering. The land owner wanted to simply give the king his land, but David responded, "No, but I will surely buy {it} from you for a price, for I will not offer burnt offerings to the LORD my God which cost me nothing." So David bought the threshing floor and the oxen for fifty shekels of silver. (1 Chronicles 21:23-25; 2 Samuel 24:23-25). When you burn a copy of CD you purchased or were given, you’re not giving away anything that may have cost you something; you’re giving away what cost me (and other artists) a tremendous amount in blood, sweat, tears, exhaustion, relationship, money. The proper thing to do would be for you to give away your copy as a ministry gift and then purchase another CD for yourself. Or, if you feel that certain CDs or artists have an impacting music ministry, purchase several copies of CDs and give those away. In the end, you are to offer what costs you something...not someone else.

While my heart is to give, reality is that I have spent literally 30+ years of blood, sweat, and tears to receive the music. I toil for hours over a song…and then in order to make it available to others I spend between $30K and $80K just to get it in a recorded form. I have no big label to do that for me. I am an independent artist who pays for everything himself either through cash flow, pouring net profits back into the ministry, or securing other financing somewhere.

What I am trying to say is this: Each time a CD or individual song is copied and given away my ability to provide for my family is greatly affected. I depend on the sale of that music to earn a living and to keep my family fed, clothed, in a house, insured, etc.

My heart is to give. I’ve given away more than anyone needs to know. What I would ask you to do is to purchase my music legally and then give it away. If you sincerely cannot afford something then tell us and make an appeal we’ll figure something out with you.

When you purchase one of my songs or one of my CDs you are literally helping me spread the Good News of freedom and hope in Christ while helping me provide for my family. When you make copies you lessen my ability to do either. But even more so, since you don’t have the rights, it’s literally stealing, it’s against God’s laws.

I would never come into your place of business and buy one item then take 20 more without paying to give away to hurting people. I hope you can understand my position.
Blessings,
Dennis Jernigan
Known for such worship songs as 'You Are My All in All' and 'Thank You' (as recorded by Darlene Zschech), Dennis Jernigan actively gives away his music and ministry as the need arises. A portion of the proceeds from a couple of his recordings goes to ministries such as CareNet (crisis pregnancy support) and The Wounded Warrior Project (ministry to families of wounded American soldiers). Dennis serves on the Board of Directors for Exodus International, the world's largest ministry to homosexuals. He and his wife, Melinda, have been married for 25 years and have raised 9 children (No, they are not Mormon or Catholic and yes, they know what causes that). His story can be read in the WaterBrook Press book, "Giant Killers" and his other written works and music can be found at Dennisjernigan.com or PraiseCharts.com as well as iTunes.
His latest worship recording, KINGDOM COME, will be in Christian bookstores beginning March 10, 2009.
You forget one very important part. When Napster was in it's prime, CD sales were up 20%.

What happened is the good music still sold a great volume of albums and the not so good music was previewed and never purchased. Good game, write better music. Write passionate spirit filled albums and stop producing lousy Christian music. Seriously if I hear another CCM produced album that sounds the same I'm going to vomit.

Music distribution has ALWAYS helped artist in the long run.
Comment By Ben Pettit At 12/17/2008 9:25 PM
This is an interesting article. People tend to forget that major recording artist can get by on touring and t-shirt sales if their CD and downloads are less for a struggling artist it is much more difficult. Must be really hard when people tell you to your face!
Comment By business voip At 12/24/2008 3:59 AM
Do you give away radio plays? I thought you got paid for those?
Comment By mediation service At 12/24/2008 4:02 AM
Well said.
Comment By crk At 1/27/2009 7:27 PM
Apologies for the multiple posts but your website is telling me 'Invalid Comments' and giving no reason, when I try to send my full post.

Have you ever considered that, if managed properly, allowing people to burn copies of your CDs can lead to increased sales?
A 'hurting person' who receives an unauthorised copy of your CD is not necessarily a lost sale. It is unlikely that they would have bought a copy had they not been given an unauthorised one. But you can turn this around. Many computer programmers create shareware. This is software that they want to be copied freely and spread around, with the caveat that if you like it and want to keep it and use it regulary then you are obliged to pay for it.
Comment By Philip Ward At 2/13/2009 6:38 AM
I searched out your great article today. I love listen Dennis’s all music, and thanks for told us about Copyright Law & Making Copies CDs, MP3 and downloads etc. I want to read your site’s all post but busy in exam JN0-521 Juniper Networks Certified Internet Associate. Thanks again.
Comment By Top IT Certifications At 4/7/2009 5:51 AM
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