Graduated Response Plan

Piracy has become a major issue in the United States. For every motion picture that has been featured in theaters also has been pirated onto the Internet the next day, and for every new musical album that is released, yet there is a free torrent file of the album within the same hour. Even though these online pirates steal music and movies from other companies and make a drastic profit, yet these “rogue” websites receive 53 billions visits a year from across the globe according to Creative America. The persistence of the thieves that break copyright laws of the productions has lead the entertainment business to place a definitive complaint to the U.S. government of the constant notion of piracy. While the notion of piracy was not left

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

After the period elapses, any person can use, print, publish, and distribute the original work. The music industry has been in dispute for many years in respect to music piracy. It went after software and website developers, as well as consumers in the courts (Easley, 2005, p.163). As a result, this may be why governing the expansion of the music industry towards later benefits for the industry; however, not toward those who pirate from them (Easley, 2005, p.163). There is clear evidence of a willingness to pay for online music in general through legal download services such as iTunes (Easley, 2005, p.163). It is clear that some new markets are emerging; for example, services such as 4G LTE combine music with other services. These markets may provide both better margins and better copyright protection to the music industry. Nevertheless, some forms of music piracy may ultimately come to be seen as an effective marketing channel for those services (Easley, 2005, p.163). Clearly the industry is adapting piracy issues.

Traditional legal principles and processes are constantly challenged by the need to keep pace with copyright issues in particular piracy. The Copyright Amendment (Online Infringement) Bill 2015

It can be argued that the music industry has expanded into countless genres, artists and record labels over the years since 2000 to become bigger than it has ever been. So where have all the sales gone? It’s more than evident that file sharing has become much more attractive to music fans than it once was. People haven’t lost their interest in music, but have instead found new ways of obtaining it. These File sharing software such as Azuerus give the everyday computer the ability to obtain any files it’s user would like with a good internet connection and a couple clicks of a mouse. In short, people no longer need to pay for any music that they would like to own.

Figure 3 Flow chart showing the change in the way music is distributed with the entrance of new actors such as streaming services (Oestricher & Kuzma, 2009)

With over three billion people in the world utilizing the internet there is great danger for copyright infringement to occur (Internet Live Stats). Copyright law protects the creator of an original piece of work exclusive rights to the work. Many people who use the internet are sharing files that do not belong to them and are guilty of copyright infringement. Copyright law needs to be tightened up in the digital space to protect the creator of their unique work.

“Back when I was a teenager, we would have to buy an entire album just to have one song,” Brittni’s father explained, to her utter disbelief. Brittni shook her head, thinking of the thousands of songs in her iTunes library, and she wondered how people could afford to buy dozens of albums just for a handful of favorite singles. Buying music over the internet may seem commonplace today, but in the 1990’s, audio on the internet was merely experimental. In 2000, computer programmer Shawn Fanning introduced an internet site called Napster that irrevocably changed the internet, the music industry, and the complex relationship between the two.

3-4). While these statistics provide a look into the numerical growth of the streaming industry, it is also important to discuss the power that these streaming services have generated—over both the music industry and over established/aspiring artists. Subscriptions are on the rise, having increased significantly over the past ten years, but as is the amount of users streaming music on a free-trial or ad-supported basis—ultimately undercutting the music industry and artists alike. Blewett and Gollogly (2017) elaborate on this point, stating that, by the end of 2016, paid music streaming subscriptions drove a revenue growth of 60.4%—this growth more than offsetting a “20.5% decline in downloads” and a “7.6% decline in physical revenue” (Blewett & Gollogly, 2017, para. 4). Moreover, Borja and Dieringer (2016) explore the concept of streaming even further in their academic article, positing that the decline in paid digital downloads may be a direct result of streaming—as, music streaming can be perceived as a “complement” for music piracy, in which listeners can freely sample music to pirate later on (Borja & Dieringer, 2016, p. 1). The authors also suggest that streaming can provide a “venue for discovering and listening to new releases”; and after completing their 1052 surveys, conclude that streaming increased the likelihood of piracy by

No one can deny that technology is actively changing the music industry. Production, distribution and sales of music have been affected dramatically within the last 10 years along with artists, composers, and technicians. Most of the changes have been great for consumers, but vastly negative for professionals in the music industry, however a few artists have found ways to adapt to the changing atmosphere of digitally downloaded music and use it to their advantage. We’ve seen music change form from physical, tangible products like records and CD’s to electronic single tracks stored in an invisible cloud. Two major factors in this sudden revolution are online music stores (specifically iTunes) and file sharing websites that allow music to be downloaded illegally.

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.

When speaking economically, the digital music sector of the international music industry is undoubtably the most important sector in the industry. Within the last decade, music has seen cardinal changes in the way both major and independent labels distribute their products. An industry that once relied on Payola 's and mass distribution of physical records and CD 's now relies heavily on the power of the internet. The first instance of mass distribution of music through the internet was by the service Ritmoteca.com in 1998 [1]. Ritmoteca had a library of over 300,000 songs, offering individual songs for 99 cents each and albums for $9.99. After signing distribution deals with many major music labels such as Warner

Identify and discuss these copyright challenges in the modern digital economy using examples from case law.

At the end of the 20th century, file sharing and illegal downloading through Napster were the biggest hits among audiences everywhere. Because of this, many people started to believe that the music industry was failing due to declining CD sales. Although a valid statement, the music industry is not failing; instead, it is changing in many aspects due to file sharing and illegal downloading.

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.