Copyright Problems with Napster
Copyrighted we stand, Pirated we fall: This is what the music industry would have people believe. Welcome to the information age! Any information is available to whoever wants it, needs it, or just has a lot of time to spend looking for it. The latest victim of the information age is the RIAA, The Recording Industry Association of America. The argument: The right to trade RIAA artists songs using the Napster server in MP3 format over the Internet. Can the furor over copyright battles hurt the music industry more than help? Artists and record companies must understand that their customers will continue to seek out and develop new technologies that will help them make the best logical decision in purchasing music.
MP3, what is it? MP3 is the latest compression coding software for multimedia files, mostly digital music files. A song on a store-bought compact disc is about one mega byte of information for each minute of actual song time. A song that is four minutes long on a compact disc will result in digital information file of about four mega bytes in length. It will take approximately thirty minutes to download this file over the Internet with a 56k connection. The compression factor of the MP3 encoding is what makes it so attractive. The same song as mentioned before will have the compressed file size of approximately two mega bytes without losing any of the original songs sound quality. The download time for this file over the Internet will take fifteen minutes, cutting the time in half. Why is that important? People have to pay to be on the Internet so the less time it takes to download, the better.
Everyone has his or her own definition of intellectual property piracy. From the ons...
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In America, there is currently a lawsuit pending that threatens to change the face of the music industry. The lawsuit is against Napster it has been brought by the Recording Industry Association of America (RIAA) as well as other major music labels.
About 5 years ago Napster, a network software application, was being used to download music files. The network was growing faster than anybody who ever started it would have imagined. When artists, songwriters, and all of the other people involved in making CD's realized that this wasn't going to slow down any time soon, they decided that they needed to stop Napster. Little by little, Napster was being less used and it became harder to find the songs wanted until nobody used it anymore. When all of this was happening, other applications were made available. Kazaa and Grokster are probably the two most used Peer to Peer, or P2P file sharing networks you can find, although there are many others.
We have all watched over the last year and a half as the controversy over the digital music provider Napster has clogged our television screens and lined our floors in the forms of newspaper articles. We are also well aware of the implications and revenue losses that the service either directly or indirectly causes. What I am going to investigate more in-depth in this article is, more specifically, the effect that Napster has on the operations of record stores worldwide. I am going to try to describe the most profound effects that Napster has on this industry.
The case was settled out of court when Napster agreed to ban some 300,000 users who had allegedly downloaded Meta... ... middle of paper ... ... co.uk/content/archive/12647.html - 4/9/00 Napster Boosts CD sales - survey - http://www.theregister.co.uk/content/1/12093.html - 4/9/00 Napster Details Copyright Case Defence - http://www.theregister.co.uk/content/archive/11750.html - 2/9/00 US Appeal Court sets Date for Napster Trial - http://www.theregister.co.uk/content/1/12909.html - 2/9/00 Napster Loses Preliminary Hearing - http://www.theregister.co.uk/content/archive/10729.html - 2/9/00 Napster throws Metallica a Curvevall - http://www.salon.com/tech/log/2000/05/10/napster_metallica/index.html - 31/8/00 Napster to Face Music in Courtroom - http://www.usatoday.com/life/cyber/tech/review/crh121.htm - 2/9/00
“It is estimated that such illegal product costs the music industry more than 300 million dollars a year domestically.” This is why the Recording Industry Association of America (RIAA) is taking a strong stance against MP3 piracy. The damage done to the recording industry in lost profits, increased prices, and lost jobs is overwhelming. In an attempt to put a damper on file swapping, and recapture lost revenue the RIAA has been suing people ...
which gives artists the exclusive rights to their music from the moment of its creation until,
Recently, there has been a series of copyright infringement litigations against Internet businesses that are involved with unauthorized distribution of music files. The US recording industry claims to lose three million dollars per year because of piracy. A report predicted an estimated 16 percent of all US music sales, or 985 million dollars would be lost due to online piracy by 2002 (Foege, 2000; cited from McCourt & Burkart, 2003) Even though this claim has to be taken with caution, as it is based on false assumption that if copyright laws were strictly enforced, audio pirates would become buyers, it is apparent that audio piracy grew to a worrisome level for the record industry. (Gayer & Shy, 2003)
Richard Simmons, the lead singer of the rock band KISS, has been cited (should “as” be here? Not sure.) speaking out in a distasteful and informal manner against illegal file sharing with the following quote: “It’s only their (you should define who “they” are before this. Seems a little out of context. It seems like you are still addressing file sharing, which is what you introduce the quote as being about, but in reality, he is addressing the people who allow it, whoever they may be) fault for letting foxes get into the henhouse and then wondering why there’s no eggs or chickens. Every little college kid, every freshly-scrubbed little kid’s face should have been sued off the face of the earth. They should have taken their houses and cars and nipped it right there in the beginning”(Source). In his statement, Richard encapsulates the indignation many musicians feel towards people who steal music through file sharing (also known as music piracy). This anger is warranted by the morally accepted viewpoint that stealing is unethical. Music piracy is not measly pilfering, either. “As a consequence of global and U.S.-based piracy of sound recordings, the U.S. economy loses $12.5 billion in total output annually”(Source). However, what if the unhappiness that Richard and other artists feel from illegal file sharing also caused millions of people to be happy? Would the wrongs (that) stealing music caused be morally justified by the prodigious quantity of pleasure generated by music piracy? This is a question similar to one that the founder of a philosophy known as utilitarianism, Jeremy Bentham, asked himself. Through the question, Bentham concluded that “[t]he highest principle of morality is to maximize happiness, the overall balance of...
...insella, N. Stephan. ?In Defense of Napster and Against the Second Homesteading Rule?. LewRockwell.com. 4 Sept 2000. URL: http://www.lewrockwell.com/orig/kinsella2.html
Zelezny, J. (2011). Communications Law: Liberties, Restraints, and the Modern Media. Boston, MA: Wadsworth-Cengage Learning.
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 integrity of artists copyrights in the age of MP3. Prince has now filed a motion in New York federal court aimed at shutting down several websites offering free downloads of the Artist's songs." (http://www.mtv.com…19990304/prince.jhtml) In addition, in recent music news, "Nine Inch Nails lead man Trent Reznor copyright infringement suit was dismissed. Another artist claimed that the Reznor had stolen material for his last album." (http://www.mtv.com…19991202/nine_inch_nails.jhtml) The copyright law has become an important legal aspect to know our music generation.
...en the biggest hurdles the music industry has overcome. Thanks to iTunes and Google Music record labels and artist can reach almost anyone in the world with their music and know that their work won’t be infringed upon. In the next five years copyrights will still have the respect it has today. As technology moves along copyrights will be right behind it revising the rules and regulations to make sure that an artist intellectual property is safe and that the artist or label can receive compensatory damages for copyright infringement.
You kind of have to wonder if the downloading of mp3s really hurt the recording artists. When the artist makes a CD, they make relatively little money from it. Most of the millions that an artist makes is from merchandising and endorsements. Most of the money from CD sales goes to the record industries executives. In an article from Young Money, Meredith Corbin states that “the executives from the recording industry should change the way they operate by either lowering the price of CDs or taking a pay cut.
...P, 2005, p 23) Around 2005 cell phones and PDAs were referred to as Swiss army knives of gadgets due to the fact they had many functions in one device. All the big phone companies at the time were premiering phones with more mp3 storage than mp3 player, essentially foreshadowing the future. (Dempsey, P, 2005, pg. 23)An average smart phone in the year 2014 can hold around 8-16 gigabytes of data, and if storage is allotted correctly, the phone can hold thousands of mp3s. Any mp3 player trying to have a foothold in the consumer market cannot compete with a device that is an essential part of an average person’s daily life, and a music player. “Smartphones with increasingly high-quality audio and video capabilities have become popular and therefore hamper demand for products in the Audio and Video Equipment Manufacturing industry.” (Krabeepetcharat, T. 2013. p. 8)
Although there was a period where the Recording Industry Association of America (the RIAA), an organization that investigates the illegal production and distribution of sound recordings, went after a few users, including a twelve year old ...