Should Music Be Available Online For Free?

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

Many artists and record companies do not think that it is a good thing to have their music available for free because they feel that they will lose a lot of money. The thing that they need to realize is that technology is only going to get better and they need to use it

When wanting to listen to a song today, one no longer has to buy or download a physical copy. In today’s world, streaming has become one of the top ways of retrieving music content. This major change has led to a profound shift for the music industry and its artists. It has developed a continuous conflict that affects the way music is distributed and how artists make a living. Listeners stream music electronically through their computers, phones, cars, and more. Most of these streaming platforms allow for the content to be free, which directs to the question of whether music should be free or not. Streaming is a topic that has presented itself to be a valid issue on whether it ultimately hurts or helps artists and their careers. Streaming has both pros and cons, but in order to aim to figure a possible solution there needs to an examination of the history of the issue, a proper analysis of both sides, and evaluating its importance.

The purpose of the copyright system has always been to promote creativity in society and protect the creators’ interests. In applying copyright laws to any creation, three basic guidelines apply. First is the fair return for a creators labor, second is “Fair Use” of the creators’ labor and finally the Progress of Science and useful Arts to further the public good. The application of these three guidelines in litigation for A&M Records, Inc. v. Napster, found that the rights of reproduction, and distribution had been violated, in effect upholding the copyrights of nineteen different music companies represented under A&M Records name, this ruling had protected the music industries interests. However it would seem that the publishing industry would not be so lucky, litigation in Authors’ Guild vs. Google ruled that Google’s actions constituted fair use. Under these two scenarios’ the copyright laws’ have, effectively, protected the rights of music artists’, protected the public’s right to “fair use” and sparked new opportunities for creative growth. However, lawmakers continue to struggle to define copyright boundaries between the public’s right of use and the creators right to profit from their efforts.

Music Copyright is a very important aspect of the music industry. The Copyright law was established to preserve the creativity and rights of authors, composers, performers of expression. Copyright is the law that protects the property rights of the creator of an original work in a fixed tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can be seen every where in the music industry. Many music artist of our culture today have been involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry becomes increasingly concerned about protecting the

Starting in the year 1999, a company called Napster opened up a whole new world to the Internet where every song ever made was instantly available to you on your computer for free. It was created by an 18-year-old Northeastern University student named Shawn Fanning. Napster transformed personal computers into servers that shared mp3 files all across the Internet (Mayer, 2008). It became popular very quickly because exchanging mp3 files freely and having any music desired right at your fingertips had never been possible before. However, this program that provided the privilege of having free instant music to download did not last long, it was shut down after just two years by

Illegal Piracy has been a problem for many musical artist. The law is not really enforced on piracy. Many people get away with it and very few get prosecuted with a fine . Musicians spend time to make music for people and to make money for their own reasons, like for food or clothes. Movie makers are also victims of Illegal Piracy, along with many others, piracy to them should be

When they say “I don’t have the money to by the song.” I understand that but if they want something they should save up the money and then by the music.

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).

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

The internet is the one media that brings up the most controversy in bands spreading their music. Whether they promote it or not their music is downloaded for free on the internet. Most bands do not like that their music is downloaded for free, but they can’t do much to stop it. In a way downloading music for free could bring the musicians even more money. If a person likes one of the songs they downloaded off of the internet they may be inclined to buy the entire album or at least the single. After the person buys the latest album they may even buy earlier albums from the same artist if they like the music enough. The internet has

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.

Music licensing is certainly not the ideal solution to maintain the integrity of the art. Music licensing has created situation in which people actually have to pay to use folk songs such as "Happy Birthday" in certain circumstances. The company that owns the license to the song actually receives millions of dollars every year for a song that nobody knows who originally wrote. However, compensating artists for their works is a complicated endeavor and does not receive much public funding in a capitalist system. Therefore, even though the licensing practice may be counter-productive the art form and overly commercialized, it is a necessary evil that must be tolerated in modern society.

Another Philosophy that can be used in evaluating the ethics of is Deontology which is judging an action based on societal norms in place already. Copyright laws have been around well before technology and they have protected intellectual property as well as the rights of musicians. With the music piracy risk evolving as technology has the copyright laws have as well still stating that the reproduction or sharing of music files is unlawful. “Section 106 of the 1976 Copyright Act gives the owner of copyright in original musical works, the exclusive right to do and to authorize others to: To reproduce the work in copies or phonorecords; To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; To perform the work publicly.” (Digmedia) So since there has always been an established idea that what someone else produces is their property and can only be obtained with a contract and under certain stipulations of usage therefore Deontology would agree this is ethically

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.