Essay On Copyright Laws

The music recording industry is in trouble. For several years now, sales of new and popular music have steadily declined and show no sign of changing. The record companies are quick to blame the growing popularity of the Internet; music is being traded in a digital form online, often anonymously, with the use of file-sharing programs such as Morpheus, KaZaA, and Imesh, to name a few. The RIAA (Recording Industry Association of America) succeeded in disbanding the pioneer Internet file-sharing program, Napster, but is facing confrontation with similar programs that are escaping American copyright laws. While there is an obvious connection between declining popular music

The digital age has brought innumerable benefits to society throughout the past decade. Many new markets have been created, and routes for innovation have opened, but not all industries have flourished as a result of this era. Music piracy, which is the illegal act of obtaining or distributing sound recordings without the owner’s permission, is theorized to be the ultimate downfall of the music industry. CD sales have plummeted and caused the music moguls to panic, but their worriedness might be narrow sighted. Through speculative research, it can be surmised that the act of piracy can positively influence a musician’s career, allow for new opportunities and niches in the market, and have little side effects to anyone else in the business.

According to the Recording Industry Association of America (RIAA), 30 billion songs were illegally downloaded between 2004 and 2009. Even with sites like iTunes and Rhapsody offering legal downloads, peer-to-peer file sharing still exists. Illegally downloading music has had a significant impact on the music industry resulting in a loss of profits and jobs, and changing how music is delivered to the masses. (Adkins, n.d.) Showing that even having the ethically correct option P2P sharing of illegal media is still thriving. The RIAA reports that music sales in the United States have dropped

LimeWire, as many know, was a free peer-to-peer (P2P) file sharing program. In August of 2006, LimeWire found themselves in some major legal trouble when the Recording Industry Association of America (RIAA) demanded LimeWire be ceased for good. In the suit, the RIAA accused LimeWire of operating a web service ““devoted essentially” to piracy by allowing users to upload and download songs without permission.” (“Major Record Labels Settle Suit with LimeWire”).

In the sixth section of the book “Blown to Bits”, the author talks about copyrights and how they can be easily stolen and copied using bits and the internet. Controlling illegal copies of copyrighted content is very hard to do without placing very hard legislation on the internet, which will result in a loss of rights that the internet is fighting so hard to retain. The RIAA, which is the Recording Industry of Association of America, has been trying very hard to protect their property by using unconventional methods to protect their property, which includes often searching and pestering people about how they obtained copies of their music. The reason this is an issue is because the record labels can no longer protect the music they produce,

The music industry has undergone radical changes since the end of the 1990’s, largely a function of the internet and its effects on sales and copyright. Besides placing artists and their music on the world stage, the internet also permitted the downloading of music from free-file- exchange networks. A parallel and equally worrisome, phenomenon is record pirating, a practice made easier by the proliferation of CD burners and access to high speed internet. Unauthorized downloading and pirating circumvent intellectual property laws and result in reduced sales. “In Atlantic Canada, average annual household expenditures on CDs and audio cassettes dropped by 27 percent between 1996 and 2001, from $96.00 to $70.00.”

When not at the playground with her friends, "Biggie Brianna" is trading music files from her home in New York. The little girl received one of the 261 lawsuits filed by the RIAA She may look like a sweet and innocent child, but the RIAA says it's only going after major copyright violators at the moment. So you make the call. Peer-to-peer file sharing advocates received a boost in their ongoing battle against music industry executives when Jupiter Media Metrix released a study indicating that Internet file-sharing traffic volume actually increases music sales.

As for an example, Boehm in his research describes a copyright infringement case against an individual illegally downloading music from KaZaA, which resulted in a summary judgment in favor of the RIAA in the amount of $750 per song, totaling to $22,500 per 13 downloaded songs (181). David Bach describes in 2004 article for Business and Politics that these high profile lawsuits against individuals who never had any commercial profit from online music sharing, are intended to pose as an example for all other sharers that music piracy is copyright infringement and it will be prosecuted. The lawsuits conducted against the individuals was a great idea of an effort to turn the music industry around, but according to Tyler it had no “significant deterrent effect on the general public” (2108). Looking at the ratio of lawsuits to the increasing number of file sharing files stated above, the lack of effect on public, and the excessive cost of each lawsuit it’s clear that the IRAA cannot prosecute every copyright infringement. As a result, many record labels and artists abounded this strategy (Tyler 2108), which reflected in totally different approach. The record labels and the artists no longer were seeking justice through the legal way; instead, they approach the general public

Despite relevant findings, many individuals are under the impression that digital media services, such as digital downloading and streaming have a positive impact on the Music industry for reasons including music

This case with Sony verses Universal Studios is not the only example where the fair use doctrine has been tested. A very famous example is that of the idea of Napster being

Introduction: Apple’s iTunes launched in 2001 transformed distribution and consumption of recorded music setting the trend for the future. The proliferation of online music subscription services and other music sharing services exerted a great pressure on the conventional music distribution business model. Combined with this transformation, piracy of digital music had a profound impact on the whole industry. These worsening conditions in the market place for recorded music forced both established and upcoming new artists to experiment with new ways of selling their music.

A&M Records v. Napster is a landmark case in which the application of intellectual property laws has forever impacted contemporary culture with regards to digital works. The legal issues and applicable laws presented in the instant case resulted in a holding, which set forth a precedent that has influence the mode and means of digital works distribution. The outcome of Napster affects both businesses and individuals.

Introduction: Setting the trend for the future, the distribution and consumption of recorded music transformed dramatically with the launching of Apple’s iTunes in 2001. The proliferation of online music subscription services and other music sharing services exerted a great pressure on the conventional music distribution business model. Combined with this transformation, piracy of digital music had a profound impact on the whole industry. These worsening conditions in the market place for recorded music forced both established and upcoming new artists to experiment with new ways of selling their music.

Producers of musical content cannot undo the adverse effects that piracy has had on the industry. Because of the internet and the way individuals have manipulated it to obtain music, many people are unwilling to change their habits. Here lies the issue between the producer and the consumer. Acts like the Stop Online Piracy Act (SOPA) and PROTECT Intellectual Property Act (PIPA) work against the incentive of many consumers by telling them that they cannot do what maximizes their utility. Producers are thus working against the likings of the consumer. This is wrong.

Companies like Apple, have decided that it is best to get in with the downloading business. However, an end to the illegal downloading conflict remains to be realized. The RIAA and associated artists continue to wage war against illegal downloaders while computer savvy audiences persist in sharing music files online every day. While it is undoubtedly true that downloading music is a crime, it remains to be proven that it is wrong. Without establishing this principle, most downloader's are likely to continue the activity. Even with new, inexpensive and available means of downloading files, they can still be shared for free online. The rift must be repaired between music lovers who feel that they have been taken advantage of in the past and recording companies and artists who worry about their future livelihood.