The Growing Problem of Music Piracy
At the turn of the millenium, the music industry has been faced with an unforeseen phenomenon that has affected its very foundation - mass scale music piracy. The decline of CD sales in the past three years have been blamed on the availability of songs that can be downloaded from Internet sites and service providers like Napster, KaZaA and Morpheus free of charge. Today the issue of intellectual copyright infringement in music has been taken more seriously than ever before, as large record labels and companies like Sony and EMI struggle to maintain healthy album sales in the face of online music piracy. In addition, music piracy affects more than just the corporate world - it affects the very
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The first illegal music file provider on the Internet was Napster. This program was the brainchild of a then 18-year-old student named Shawn Fanning and upon its release in 1999, the popularity of his program grew tremendously with every passing day. Thus it was only a matter of time before the music industry took notice. By December of that year the Recording Industry Association of America sued Napster for copyright infringement, stating that ?Napster is about facilitating piracy, and trying to build a business on the backs of artists and copyright owners.?(McManus) Although Napster would soon lose the battle to the RIAA in court, many variants of Napster began popping up, most notably Gnutella and KaZaA, which were file sharing services that offered more of the same free content. By 2003, the US $14 billion music industry witnessed a 31% CD sales decline since 2000 and continually blamed illegal file sharing for their woes. Critics of the music industry say however that ?there are other factors to blame [for poor CD sales], such as stiff competition for the entertainment dollar from video games and DVDs, fewer hit songs or artists and the high price of CDs.?(Evangelista) Regardless of the reasoning however, the ethical issue of pirated music is still prevalent.
On a moral standpoint, record labels view people who collect and share copyrighted music without paying royalties or compensation to the
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
Among the Biblical standards present in this case are trust, respect, responsibility, fairness, and citizenship. With respect to trust, Napster claims that it has put trust in its users that they will not download or share copyrighted material. Though Napster itself does not steal any copyrighted material, it has been proven that, more often than not, its users do. Napster users have not shown respect for the autonomy of the artists who produce the copyrighted music that they are downloading. Though the company is receiving much criticism, Napster has shown some semblance of responsibility, fairness, and citizenship.
In the global market that we leave in companies are trying to find any and everyway that they can to get ahead in their respective markets. This most of the time brings out the most innovate thinkers that can come up with a way to keep it’s company on top of their market and sometimes we see that there are companies that like to take a short cut by using non legal and malicious methods. According to Lewis, (1985), Software piracy is the illicit copying of the operating instructions and applications programs, which make computers work, is a large and growing industry. The Pirate Bay is part of a European social and political movement that opposes copyrighted content and demands that music, videos, TV shows, and other digital content be free and unrestricted. In the words of the Pirate Party, “the Pirate Bay is a unique platform for distributing culture between regular people and independent artists, and that’s something we want to preserve.”
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.
It is vital for a publishing company to register with all relevant collection societies, who would obtain royalties in the territory they operate in. In the United Kingdom, a music publisher will typically assign its rights to the Performing Right Society, who would collect all the public performance royalties on the publisher’s behalf. This is lucrative for publishers, as any space that is open to the public wanting to use music must acquire a public performance license.
For many years illegal file sharing and music swapping has been going on. Two very popular cases are the MGM Studios, Inc. v. Grokster case and the A&M Records, Inc. v. Napster case. Both cases differ in many ways however they also have similarities. A lot of music and other sorts of entertainment are being distributed for free all over the internet. What some people do not think of are the consequences that will be faced if they get caught. Not only is the distributor at risk for getting caught but those of us that download the software illegally can be charged.
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).
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.
We all know that downloading pirated music and films is illegal, but what exactly is it? The term piracy refers to the copying and selling of music, films and other media illegally; in other words you are copying and selling copyrighted media without the permission of the original owner (NiDirect, n.d.). With the massive growth of the internet and its ability to store and capture vast amounts of data, we have become much more reliable on information systems in all aspects of life, but it does not come without the risk of information technology being used unethically. With the number of IT breakthroughs in recent years “the importance of ethics and human values has been underemphasised” often resulting in various consequences. Not surprisingly one of the many public concerns about the ethical use of IT is that “millions of people have downloaded music and movies at no charge and in apparent violation of copyright laws at tremendous expense to the owners of those copyrights” (Reynolds, Ethics in Information Technology, 2015). This essay covers the ethical issues of downloading pirated music and films and the impact it has on music corporations and recording and film companies.
“Before the days of YouTube and the Internet, a band 's chances of striking it big depended on record companies. If a band was lucky enough to get a record deal, it gained access to a label 's vast resources and connections. The company paid for the band 's studio time, … and got its music played on the radio, reaching millions of record buying Americans” (Majerol, 1). Now, anyone with talent can post a video of themselves and become an internet sensation, only to then receive a deal with a label to continue growing their career. The issue is, with the Internet came digital downloading, and with the growing popularity of digital downloading came illegal downloading, known as Digital Piracy, which has affected the music industry greatly. This issue affects everyone involved in the Music Industry. From the small CD store owner to the Artist on stage, everyone has and continues to be affected by the growing popularity of digital downloading services. Artists, producers, and songwriters lose an estimated 12.5 Billion USD every year to illegal digital music services. Further, the economic impact from [digital downloading] is an estimated loss of 2+ Billion USD (Storrs, 1). This money affects the “little guys” in the industry and the average worker within the industry.
Napster, a free online file sharing network, allowed peers to share digital files directly with each other by way of connections through its software and system. The no cost peer-to-peer sharing gained popularity, particularly with trendy music. A&M Records took notice of the free digital music downloads and brought suit against Napster for direct, contributory, and vicarious copyright infringements (Washington University School of Law, 2013).
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.
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.