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Julie Bui 14:07, 26 Jul 2004 (EST)

Mail to: Julie Bui

Julie Bui 14:18, 26 Jul 2004 (EST)

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Legal and Copyright Issues In Digital Music

Hayward, P. (1995) "Enterprise on the new Frontier: Music Industry and the Internet," Convergence: The Journal of Research into New Media Technologies, vol.1, no.2, retrieved August 8, 2004, from http://www.ccms.mq.edu.au/course_list_pages/mus302/readings/enterppg1.html

This article summarises how music producers, individual users and consumers, and the popular music industry have utilized the Internet. Sections I-II in the article prove to be quite informative as it examines how in particular the Internet is likely to be exploited. Hayward makes a valid point in the article saying the issues of the Internet’s potential as a distribution medium is perhaps the most important one for the industry as the decade advances. Information such as this would be useful in forming topics in the research project proposal.

Although the information in the article is informative, the main limitation of this article is it is slightly outdated. Almost a decade old the article has information that is no longer relevant or makes sense in this new technological age. For example the following statement found within the article.

"The usual maximum duration of samples on these sites is about thirty seconds, a duration which takes the average Internet user about ten minutes to download. Some sites, particularly the independent and/or 'alernative' ones have longer (whole) audio tracks avaible but the memory requirements for these are very large and downloading times are daunting."(Hayward, 1995, p.3)

This statement would be considered quite irrelevant in this day and age of new advanced technology. However as a whole the article covers the importance and future risk of piracy in digital music, and would assist greatly in the formation of the research project.

Julie Bui 13:17, 10 Aug 2004 (EST)

Akst, D. (2003, Oct. 5) "Where Nobody Knows You’re a Music Thief," New York Times, retrieved August 3, 2004, from http://proquest.umi.com.gateway.library.qut.edu.au/pqdweb?index=0&did=000000418541721&SrchMode=1&sid=1&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1092352192&clientId=14394

This article concentrates on the motives and reasons that drive people to illegally download and share music files. For the author, Akst, the attraction and reason why people illegally copy music is anonymity. Akst argues anonymity allows honest people to sustain a higher level of dishonesty without guilt. On the Internet nobody knows who you are. Akst goes further and says people tell themselves stories they like to hear to justify what they are doing. Consumers know the cost of producing a CD is low, they view CDs as too expensive, why should they pay this high price? Akst develops upon this theory and argues that if anybody is willing to steal music then in the future the problem may expand into bigger issues.

"Today it’s music, but tomorrow it will be movies and then books, and the justification will be the same." (Akst, 2003, p.4)

Akst work will assist in exploring the topic of copyright and digital music by presenting this issue from another perspective. Other articles have reported from the viewpoint of the legal firms and the music industry. While this article looks from the viewpoint of the consumers and the pirates. This article examines the honesty of people’s character and how pirates justifying their actions. By including a resource that examines the issue from another perspective the research project will be strengthen.

Julie Bui 13:31, 10 Aug 2004 (EST)

Foster, A. (2003) "261 People Sued Over Sharing Music Online: Colleges Work on a Compromise," The Chronicle of Higher Education, vol.50, iss.4, retrieved August 3, 2004, from http://proquest.umi.com.gateway.library.qut.edu.au/pqdweb?index=6&did=000000426776841&SrchMode=1&sid=2&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1092352398&clientId=14394

This article covers the actions taken to control music file sharing on the Internet. The article states during one week in 2003 record companies filed 261 lawsuits against people suspected of sharing large amounts of music over the Internet in violation of copyright law. Out of the 261 people sued a large proportion are thought to be college students.

This article is quite informative as it states the facts and details of the events happening. Foster writes how the Recording Industry Association of America (RIAA) are taking action, and how Colleges and Universities across America are responding to these actions. In the article it also hints at a David and Goliath undertone. The students involved are in a legal battle that they will most possible lose, as stated in this quote from the article:

"I would suspect that your average college student is going to pretty much be defenceless, not necessarily because of the facts of the law, but because of the power of the RIAA."(Foster, 2003, p.34)

Overall the significance of this article is great as it shows the RIAA are taking action, with a promise of more such lawsuits, possibly thousands, in coming weeks and months. This article would be essential to the research project as it provides insights to the power and importance of the issue, and the organisations involved.

Julie Bui 11:59, 12 Aug 2004 (EST)

Alderman, J. (2001) Sonic Boom: Napster, MP3, and the New Pioneers of Music, London: Fourth Estate. ISBN 0738204056

Alderman, a journalist for Wired magazine, in this book has brought a journalists eye to the ins and outs of the Napster affair. The book examines the history and growth of Napster. But most importantly for the purpose of the research project, this book goes into detail the fall of Napster. Alderman explains how the affair developed, all the organisations involved, which Alderman refers to as the big five (Warner, Universal, Bertelsmann, Sony, and EMI), and the dynamic courtroom battles.

In choosing a topic on copyright and digital music the name Napster can not be overlooked. The controversy surrounding music downloading has foundations from this organisation. Therefore this book would be useful for the research project as it presents an in-depth and insightful look at one of the most fascinating lawsuits in modern music, that has such important implications for companies trading on the Internet, dealing in information, entertainment, or music.

Julie Bui 08:37, 13 Aug 2004 (EST)

Holland, B. (2002) "Law Aims to Stop Internet Copying," Billboard, vol.114, iss.14, retrieved August 8, 2004, from http://proquest.umi.com.gateway.library.qut.edu.au/pqdweb?index=1&did=000000112825629&SrchMode=1&sid=5&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1092353037&clientId=14394

This article outlines the actions being taken to control piracy. A new bill if passed would require manufacturers, content companies, and consumer groups, to develop and agree on technical standards and coding. Holland (2002, p.1)states "these technologies would then be incorporated into all digital media devices to ensure universal protection for digital content and universal access to such content for consumers."

This article is significant as it illustrates the specific actions government has taken to control Internet copying. This is an action that will prevent piracy before it can even happen, rather that try and stop piracy later on. However Holland says the new bill as been met with mixed reactions. There are companies that praise and agree the new bill and others that oppose. This article gives the reader an insight on the opinions of some companies and where they stand on the issue. This article is not focused on digital music to be exact but rather on copyright on the Internet as a whole. For the purpose of the research project that article is important as it provides a broad perspective on the issue of copyrighting.

Julie Bui 09:02, 13 Aug 2004 (EST)

Alcock, L., Chen, P., Ch’ng, H., and Hodson, S. (2003) "Online piracy of recorded music," Journal of Brand Management, vol.11, iss.2, retrieved August 8, 2004, from http://proquest.umi.com.gateway.library.qut.edu.au/pqdweb?index=1&did=000000517462281&SrchMode=1&sid=3&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1092352744&clientId=14394

This article looks specifically on the impact of music downloading from the perspective of the United Kingdom. It is insightful as the article explains all aspects of this topic, covering points like economic impact and the new Internet technology. However it is the topic area of English law that that the article places a special emphasis. Alcock et al. says English copyright law finds itself in a state of real flux concerning the Internet, as expressed in this statement.

"As technology advances so swiftly, the law finds it difficult to keep up." (Alcock, Chen, Ch'ng, and Hodson, 2003, p.31)

This article is significant to the chosen topic because it explores the music pirating issue from the point of view of the British. The majority of resources found concentrate on the American point of view, therefore this article would be useful to understand how this issue is being dealt with by another country. Especially seeing whether they are taking similar actions.

Julie Bui 09:20, 13 Aug 2004 (EST)

Wade, J. (2004) "The Music Industry’s War on Piracy," Risk Management, vol.51, iss.2, retrieved August 3, 2004, from http://proquest.umi.com.gateway.library.qut.edu.au/pqdweb?index=3&did=000000536101391&SrchMode=1&sid=7&Fmt=4&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1092353187&clientId=14394

Wade presents an insightful and indepth analysis on the overall battle between the music industry and piracy. In this article Wade presents the case that colleges are the heart of the music piracy problem. Wade (2004, p.14) says "with high-speed network connections and students that have not much cash but plenty of time, colleges are the breeding grounds of music piracy." This particular theory argued by Wade is valid and worth exploring in the research project. Wade continues and explores how peer to peer file sharing programs, such as KaZaa, Morpheus and the infamous Napster has impacted on consumers and the music industry.

"The majority of the college students in the United States knew that the music they once paid nearly $20 to listen to could now be ‘shared’ for free online." (Wade, 2004, p.11)

"Since 2000, unit shipments or recorded music have fallen 31 percent and revenues are down by 22 percent from $6.2 billion in 2000 to $4.8 billion in 2003." (Wade, 2004, p.11)

Overall, in relation to the research project this article is useful as it brings forth the perspective of those in the music industry that are affected by piracy, their reactions, and how they are accepting it. Wade presents the view that many in the music industry wish that music never appeared on the Internet. However Wade continues and says that the industry now realize that the Internet has forever changed the face of music. "The Internet is now in the process of transforming the entire industry just a CDs and other technology have done in the past." (Wade, 2004, p.17)

Julie Bui 09:34, 13 Aug 2004 (EST)

Lenhart, A., and Fox, S. (2000) "Downloading free music: Internet music lovers don’t think it’s stealing," Pew Internet and American Life Projects Online Music Report, retrieved August 9, 2003, from http://www.pewinternet.org/pdfs/PIP_Online_Music_Report2.pdf

This report outlines the findings of a study conducted by the Pew Internet and American Life Project. The report examined the role of the Internet in American society and culture. The main finding of the report is an increasing number of people who download music files are not concerned whether the works are copyrighted. With college and high-school students as the group who seem to care the least about copyright. It was surprising to find out that as many as 80% of students say they were not worried about copyright.

In the fast paced world of technology, opinions and situations change. Therefore the main limitation off this report is how quickly the findings and information can become outdated. Nonetheless this report is insightful as it uncovers and presents the real thoughts of people and their opinions on music downloading. All statements are valid as quantifiable research has been taken, and are supported by their findings. This report will assist in exploring the topic of copyright and digital music by providing a relevant statistics on consumer’s attitude on copyright.

Julie Bui 10:05, 13 Aug 2004 (EST)

Mail to: Julie Bui

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Research Proposal Topic

Copyright

Partner User:Weena Tan

Julie Bui 16:09, 8 Sep 2004 (EST)