Intellectual Property Rights In Music: The Napster Issue

Is important for anyone who has created any intellectual property to protect it. In the music industry, in order for someone to protect their work, they must obtain a copyright. Music has been around before anyone could obtain a copyright and when the invention of the computer came along it made it easier for someone to steal another artist's intellectual property with the help of the internet. This paper will cover what events have taken a big role in copyright protection for artist, the consequences if someone was to break the rules of a copyright which is called copyright infringement, and how will a copyright hold in the future. Were copyrights enacted without the thought of life changing technology, and how can some music companies

What Napster actually does is provide access to nearly every recording anyone oculd want. Napster has not copied or accumulated any of the recordings available from it; it simply helps people to seek the music that they want. It has music available that may not be available anywhere else, and it offers instant connection. It allows someone to listen to a song and check out the artist before spending eighteen dollars on the CD. It is like a "library," where everyone connected "shares" songs with one another. Artists, such as Metallica, who sued Napster, believed their songs were "being given away and the 'library' as ill-gotten pirate booty."

In 1999, Shawn Fanning and his little program called Napster created quite a stir in society. Napster's software allows music listeners to open pieces of their personal hard drives to everyone using Napster, sharing whatever MP3 songs they have already downloaded or stored. At any time, thousands of people are online, sharing hundreds of thousands of songs, many of which are technically illegal to download without the permission of the copyright holders. [1] This led to a lawsuit filed by the Recording Industry Association of America, with the rock group Metallica as its frontman. In this case, several issues were brought up, one of which was the right of the creator of the music to control what happens with

Napster provided users of the system with a platform to facilitate the transmission of digital forms of music files, called MP3 files. Napster’s platform primarily facilitates “peer-to-peer” file sharing, which allows users to present MP3 files stored on their personal computer to other users looking to copy the file, search for particular MP3 files, and transfer

1. Provide an argument for why a variable pricing policy might increase the sales revenue from Apple’s Music Store (compared to the flat pricing policy).

According to the text A Gift of Fire, Napster “opened on the Web in 1999 as a service that allowed its users to copy songs in MP3 files from the hard disks of other users” (Baase, 2013, p. 192, Section 4.1.6 Sharing Music: The

Napster was a music sharing software that was shut down because of copying and distributing unauthorized MP3 files that violated the United States and foreign copyright laws. One of the major reasons why Napster was shutdown is

The issues that will be slugged out in federal district court in San Francisco sound a little too pop culture to be all that serious. How many music CDs are people buying these days in record stores throughout the nation because of Napster? Is the technology that Napster uses legal? Napster is, of course, the wildly popular file-sharing service whose 20 million users have downloaded some half a billion songs--most copyrighted for free. The technology that Napster has brought to music listeners across the globe has allowed the freedom of obtaining music for free and should not be shut down by the entertainment industry's argument in federal court.

The question then became “Just because we can get the music we want without paying for it, should we?” (Tyson, 2000, p.1). This issue of illegal downloads, which is also referred to as piracy, has been a hot topic ever since the introduction of Napster. According to Recording Industry Association of America “In the decade since peer-to-peer (p2p) file-sharing site Napster emerged in 1999, music sales in the U.S. have dropped 47 percent, from $14.6 billion to $7.7 billion” (RIAA, 2014).

First, it is important to discuss the direct, contributory and vicarious infringement claims against Napster. Direct copyright infringement claims are based on a breach of a copyright owners’ exclusive rights to the copyrighted work(s). A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1013 (9th Cir. 2001). Napster was found liable for this because the users used its platform to upload and download copyrighted music, thus infringing on two exclusive rights: reproduction and distribution. Id at 1014. Contributory copyright infringement claims are based on secondary infringers who have either actual or

In the midst of the United States’ “dot com bubble” (years 1997-2000), there was a surge in technology that brought about file sharing and digital downloads. Threatening the survival of the music industry and introducing a unique set of challenges for the industry to overcome. To remain relevant in the new global market of digital music online, the music industry would have to evolve and change with the introduction of each new facet technology had to offer. The introduction of digitally compressed music files, so easily attainable for a small fee or downloaded legally (pirated) for free, made the music industry reevaluate how to make a profit and protect copyrights. Social media created a visible opportunity for both consumers and artists to maintain digital relationships while providing a platform for consumers to follow and discover new musicians and bands, naturally, making the internet a promotional medium for artists. As the corner record shops closed to make way for virtual storefronts and instant downloads; the internet, digital downloading, and social media made an enormous impact on the music industry that has changed the way consumers purchase, source, listen to, and produce music today.

Digitalization, data compression, and the internet have affected the music industry significantly. These technologies have shifted the recording industries from hard-copy recordings to digital music distribution. This has made it easier for consumers to enter the music market through copying. Consumers have access to copying technology that allows them to obtain music without paying the record label. The situations clipped high in 1999 when Napster, a file-sharing service was launched. The service facilitated music file sharing on a wider scale. The consumers just download the music and transfer it to a digital music device. This has negatively affected the trade value of music sales, for instance in

There are types of music that can be downloaded on the computer. Napster, which can be downloaded at Napster.com, is a program that music can be found. The music is kept in a library and just a double click on the mouse lets one hear any song downloaded. These songs can be found with either the title or the artist of the song. I feel that Napster has a good thing going with the free music. However, I feel that it shouldn’t be completely be free. The artists of the music are loosing out on a lot of money. A solution to this problem could be that songs could not be downloaded to the Napster program until the record had made a certain amount of money. Although, right now Napster is in court trying to compromise on a decision that will make everyone who uses Napster, everyone who created Napster and the artist of music happy.

Ever since 18-year-old Shawn Fanning created Napster in his Northeastern University dorm room in 1999, downloading and sharing music online has become one of the most popular things to do on the Internet today. But why wouldn't it? Getting all your favorite songs from all your favorite artists for free, who wouldn't want to start sharing music? The answer to that question are the people who feel that stealing from the music industry is not morally right, because that is exactly what every person who shares music is doing. People who download music think it's something they can get away with but now it might be payback time to a lot of those people.

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.