The problem of orphan works has been the subject of a great deal of controversy. Libraries and others are pushing for a solution to the problem as their desire to be able to preserve works with unknown or missing creators have been impeded by the uncertainty of their copyright status. After an investigation the government has agreed that the problem is real and needs to be addressed (Peters), but they are getting a great deal of opposition from organizations that are worried that the language of the bills will result in copyrighted works that are not orphaned being labeled that way, thereby allowing users to infringe without penalty. Three such organizations are the National Music Publishers’ Association, the Illustrators’ Partnership of America, and the Association of American Publishers. These organizations have put forth some ideas that are not being completely unreasonable and should be included in any bill; however, some should not be added to any legislation.
The first organization the National Music Publishers’ Association is not opposed to the government creating an orphan works system; however, they have lobbied hard for certain provisions to be included in the bills to make sure the publishers and songwriters they represent do not lose their rights. They are insisting on making a new user “secure a Section 115 compulsory license if the new use requires such a license” (“NMPA Position Paper on Orphan Works Legislation”) and allowing a missing owner to ask for legal fees if they sue. They want comprehensive industry-specific Best Practice guidelines so that new users will have to engage in a diligent search and they want them included in the legislation. They also want these Best Practices to be developed by industry re...
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Holland, Brad. "IPA - Senate Hearing on Orphan Works." The Illustrators' Partnership of
America. 6 Apr. 2006. Web. 13 Sept. 2011.
Peters, Marybeth. "Orphan Works." U.S. Copyright Office. 25 Sept. 2008. Web. 13 Sept.
2011. .
"Statement of Allan Adler Vice President for Legal & Government Affairs Association of
American Publishers before the Subcommittee on Courts, the Internet and
Intellectual Property Committee on the Judiciary U.S. House of Representatives
Concerning Orphan Works Legislation." House Judiciary Committee, 13 Mar.
2008. Web. .
"NMPA Position Paper on Orphan Works Legislation." NMPA. Web. 13 Sept.
2011. .
Prior to the enactment of the Statute of Anne in 1710, the idea of copyright law, remained in the private law context, was in hands of profit-making stationers' company who only served to uphold their own interests in printing the materials. The Statute of Anne deeply affected the American law of copyright (Patterson, 1965) marking the beginning of copyright in a public context. Although the Statute itself had handful of loopholes like it only governed the printing of books and did not stipulate any means to identify the author, it was still often referred as the most authoritative legislation document because of its groundbreaking, historical impact on its protection to the natural and property rights of authors. In my essay, the Copyright Ordinance in Hong Kong will be illustrated to show that it succeeded the spirit of Statute of Anne, favoring the vigorous and prospering development creative work in our city. I would also suggest some ways to amend the Law in the modern circumstances where Web 2.0 Communication Tools reinvented the creative industry significantly.
The music industry can trace its roots to the 18th century when classical composers such as Wolfgang Amadeus Mozart sought commissions from the church or aristocracies by touring to promote their music (Boerner). By the early 20th century, recorded collections of songs were available for purchase for home listening. Towards the middle of the century, record album production had become the norm for getting new music to the masses and album sales had replaced sheet-music sales as a measure of popularity, with the first gold-recor...
and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right
...s. In short, this is an important issue to consider because composers deserve to be financially credited with their work.
Over the past decade the societal view of creative society has greatly changed due to advances in computer technology and the Internet. In 1995, aware of the beginning of this change, two authors wrote articles in Wired Magazine expressing diametrically opposed views on how this technological change would take form, and how it would affect copyright law. In the article "The Emperor's Clothes Still Fit Just Fine" Lance Rose hypothesized that the criminal nature of copyright infringement would prevent it from developing into a socially acceptable practice. Thus, he wrote, we would not need to revise copyright law to prevent copyright infringement. In another article, Entitled "Intellectual Value", Esther Dyson presented a completely different view of the copyright issue. She based many her arguments on the belief that mainstream copyright infringement would proliferate in the following years, causing a radical revision of American ideas and laws towards intellectual property. What has happened since then? Who was right? This paper analyzes the situation then and now, with the knowledge that these trends are still in a state of transformation. As new software and hardware innovations make it easier to create, copy, alter, and disseminate original digital content, this discussion will be come even more critical.
Troutman, Leslie. “User Education.” in Music Librarianship at the Turn of the Century ed. Richard Griscom, 58-65. Music Library Association Technical Reports, No. 27. Lanham, Maryland: The Scarecrow Press, Inc., 2000.
The music recording industry is in trouble. For several years now, sales of new and popular music have steadily declined and show no sign of changing. The record companies are quick to blame the growing popularity of the Internet; music is being traded in a digital form online, often anonymously, with the use of file-sharing programs such as Morpheus, KaZaA, and Imesh, to name a few. The RIAA (Recording Industry Association of America) succeeded in disbanding the pioneer Internet file-sharing program, Napster, but is facing confrontation with similar programs that are escaping American copyright laws. While there is an obvious connection between declining popular music sales and increasing file sharing, there is more going on than the RIAA wants to admit. I will show that the recording companies are overpricing their products, and not sufficiently using the Internet as an opportunity to market and sell their products. I shall begin by describing in greater detail the problem that the recording companies are facing, as well as the growing epidemic of online music trading. From there, I will show the correlation between the two and describe the other factors affecting record sales, and how these trends could be turned around to help the industry.
The entertainment industry and many musicians regarded P2P as a big crisis for copyright, so that they sued the company that produced Napster. “Anger leads Metallica to the Internet,” an article by Karen Schubert in USA TODAY, noticed that heavy-metal band Metallica was suing Napster. And now some people in the music industry are fighting with a distributor of P2P software even in the Supreme Court, and lobbying to outlaw P2P technology. In “File sharing goes to High Court,” USA ...
We are different. Living amidst a new era, technology has changed our lives forever. For more than a decade, our generation had commonly been referred to as the “net generation.” Our fortune brings us life in the age of digital information, where information flows freely and knowledge is infinite. We have embraced the concept of freedom and taken several levels farther than what our forefathers imagined. Whether we realize it or not, we naturally question the unknown and demand answers to our questions (and quick answers at that). The technology we live with today was nothing more than dream decades ago. Yet with these new technologies and information at our disposal, an issue we fight against unnecessarily is file-sharing music online: a redundant issue with a clear solution. While some question its legality, arguments pushing for restrictions are both weak and lacking in support. For that reason, there should absolutely not be any restrictions on file-sharing music online as its limits would contradict traditional human behavior, and damage the music industry severely.
The Statute of Anne (the first modern form of copyright law) was introduced after the printing press was invented. Before this time, books would have to be hand written and for this reason they were ve...
The music industry distribution medium of audio CD's, or "packages of audio information" (approximately 10 songs), preserves its dominate high sale price through shortage. The true value of a musical artist is found only in what he (or the distributor) can persuade or force people to pay for the privilege of listening. It does not matter how much of a "good idea" it is to have such laws to protect the artists. People will listen without paying, because they can.
Introduction: In the past, music has been a costly business, where only people with a lot of money could enter and be successful in the industry. Changes in the music industry, coupled with new computer technology, have made it much easier for people without a lot of money to compose, produce, and distribute their creations. In order to get a better understanding of the music industry in comparison to 2014, one has to look at its history. There were many things that happened from the 1980’s onward, and they brought on a significant impact towards the music industry.
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 surpass copyright infringement and make a profit from the artist? Can a copyright really make that much of a difference in the world we know today?
With the invention of the Compact Disc (CD) in 1984 the music industry was able to increase their record revenues again surpassing $4 billion. According to the Recording Industry Association of America (RIAA), profits in 1988 increased up to $6.25 billion (Krasilovsky and Shemel, 2007). On one hand CD’s have proved to be very successful invention as it indicated that consumers are willing to pay for increased quality of goods and services. However on the other hand it had introduced issues relating piracy. Illegal reproduction of analog phonograph records was a relative harmless issue at this time, as the quality of sound would reduce by ea...
Many countries made individual laws and practices about copyright and printing books. One practice came from the Stationers Company3, based in the City of London, who in the mid 16th century established a rule amongst themselves that they would not print any books that had already been printed. However this agreement did not pertain to ...