Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Napster incident according to legal and ethical
Ethical issues faced by napster
The napster-metallica debate and the napster controversy
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Napster incident according to legal and ethical
Debate on Napster The Napster software, which launched in 1999, allows people to share digital music files (MP3) between each other. This Internet program has sparked a historical debate about copyright law and the Internet. Copyright owners strongly believe that “sharing” these files via Napster is “stealing”(TIME). Downloading music against the wishes of an artist or producer is breaking the law. Some believe that it is not stealing or illegal. They are just making a copy of someone’s song. In the Constitution, Article 1, Section 8 it says “……promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries…..” (Constitution). This led to copyright law, which gives artists the exclusive rights to their music from the moment of its creation until, generally 70 years after the artist dies (Michigan Review). There may not be respect for the copyright law, but it is still breaking the law. According to the Michigan Review, in areas around college campuses and universities, CD sales have dropped 4%. In 2000, retail CD sales at stores near colleges with high Napster use are actually below 1997 sales (Michigan Review). That is a huge reversal in an area that usually sees high demand for music. Also according to the Michigan Review, CD sales are up 16% across the nation. How can Napster be a bad thing if it is helping the record industry? Maybe some people buy CDs based on what they hear on Napster, but for most college students Napster has the opposite effect. Colleges and universities have been hotbeds for sharing of online music files by a variety of methods for many years. All Napster and similar tools have done is make this sharing of files much easier (Newsweek). There are no in-betweens here. In all fairness to the artist, one should make a choice. They should buy it or delete it from their computer. Some people might not like a song well enough to want to pay for it so they feel like no one is losing a profit. If one does not like a song well enough to buy it, they should not even be listening to it. However, consider this scenario in defense of a Napster user. What if someone only wants one song on a $20.00 CD? Is it fair for the Artist to in essence be charging that person $20.
Singers and songwriters need to make a living somehow. They know that downloading music is a way to get their voice heard, but they also know that it is significantly hurting the business. "When your product is being regularly stolen, there comes a time when you have to take appropriate action," said RIAA president Cary Sherman (RIAA 1). There are a lot of people involved in the music scheme when it comes to who needs to get paid by the revenue. From the sale of one CD, singers get one small fraction of the cost, another fraction goes to song writers, musicians also get some of the profit along with retailers, engineers, technicians, warehouse working, and ever...
In this paper, we will explore the ethical considerations of this practice as it relates to Intellectual Property (IP) – whether protected by copyright law or not. We will concentrate primarily on music, but where appropriate, other media will be considered, as many of the issues are common across the different types.
Napster was an American company that created a revolutionary platform that allowed for music sharing online. Originally, it was established as a peer-to-peer file sharing service that emphasized the exchange of MP3 formatted soundtracks. Founded in 1999, by Shawn Fanning and Sean Parker, who rebounded post-Napster to become the first President of Facebook, it operated between June 1999 and July 2001. It was a revolutionary because the network allowed for music to be “set free” – suddenly, an incredible amount of information was made available on the Internet, a relatively new forum that had yet to experience huge waves. Napster was that wave – it democratized the access to information and enabled the common user to listen to millions of songs without having to pay for it. Within a few months of its opening, it had 20 million users – an exponential growth which would attract the attention of large media companies, record labels, and famous bands like Metallica, which would eventually lead to the downfall of Napster.
III. This is the recording industry which even though their sales have been steadily declining due to internet piracy it is still an industry which has great importance in our lives. As college students alone spend about 450 million dollars on music, according to Harris Interactive a worldwide market research and consulting firm. Ever since the birth of recorded music, it has defined our eras and defined each and every one of us. Music has been and always will be the soundtrack of our lives.
In the past, singers made money through CDs and cassettes. These forms of media have been replaced with digital copies of albums and songs. Even this method of accessing music has begun to fade away with the replacement of streaming services such as Spotify, Apple Music, or Soundcloud. Artists’ music has also been used in advertisements. This can negatively affect the artist’s career. Music artists shouldn’t have their songs in advertising.
The main problem to be seen is that this music has become extremely popular to
In this case, there are three main effects of Napster on the recording industry. The first one is that it caused a large decline in record sales in a short time. According to this case, the spending on recorded music in U.S dropped 4.1% in 2001 and the industry’s top 10 albums also sold much less compared to the year before. The second effect is that it cased the sales of CD burners, blank CDs and digital audio players increase and nowadays, most new computers come with CD-RW drives installed, which means people can easily store downloaded music, share music with friends and take it with them anytime as well. The third effect is that it increased the cost of recorded music. Once people can download free music through peer-to-peer software services, they have less incentive to buy original editions, which will make recording industry spend more to fight against copyrights and invest more in new artists and new music. Overall, these three effects make the recording industry go through a hard time.
true that napster allows millions of users to download songs for absolutely free; however, isn't
Napster was an early peer-to-peer file sharing network which could be used for transmitting various files, but which attained massive popularity as a way to share music through .mp3s. Unsurprisingly, major record companies took issue with
...ng payment and royalty fees for their songs being downloaded and shared. These artists should be getting money for their music being sold just like how they are given royalty money for selling CDs. The main reason for Napster being shutdown was the lawsuits for piracy. (Tyson)
The other side of this argument comes from the people that absolutely hate Napster. Musicians, record companies and anyone that makes money off the sale of music are Napsters biggest enemies, and the reason why is money.
Napster quickly became a very popular web site with a 15 million registered users in less than a year, according to company sources. However, Napster’s remarkable success was not at its best interest. It had drawn the attention of the Record Industry, and raised its concerns of Copyright infringement in large volumes. Barely a year after its launch, it was sued by the RIAA, which represents major recording companies such as Universal Music, BMG, Sony Music, Warner Music Group, and EMI. The RIAA claimed that by allowing users to swap music recordings for free, Napster’s service violated Copyright laws. Eventually, the judge ruled against Napster, and, failing to complete the sale deal with Bertelsmann AG, it had to shut down its operations and liquidate its assets [3].
A&M Records, Inc. v. Napster, Inc. is a landmark case in which the application of intellectual property laws has forever impacted contemporary culture with regards to digital works. The legal issues presented in the instant case resulted in a holding, which set forth a precedent that has influence the mode and means of digital works distribution. The outcome of Napster affects both businesses and individuals.
The industry basically works by selling and buying; however, if the sales decrease there is a huge impact in the economic growth of the firms. There are many factors, which can affect the growth of the firm. The factors that affect the firm do not have a great impact in their growth; nevertheless, a factor that has recently surged is the music piracy, and it has become a negative externality. A negative externality “occurs when a product or decision costs the society more than its private cost” . Music piracy makes the music market loose billions of dollars in the US and even though it doesn’t impact the economy on a big much it has a small impact such as the increase of unemployment per year.
Online sharing is an excellent way to preview music before one would decide to buy it because if there aren’t any songs that aren’t liked by the listener then they would decide to buy the single and not waste money buying a whole album of an artist that they wouldn’t like. But that factor is frowned upon by the music industry. Why? One may ask. Because of online music sharing services such as Napster.