Music as Media 11: Downloading

Music as Media 11: Downloading

Author: Amee Wittbrodt
  • Understand, analyze, evaluate, and use different types of print, digital, and multimodal media.
  • Critically analyze information found in electronic, print, and mass media and use a variety of these sources.
  • Gain an understanding of music piracy and the Recording Industry Association of America (RIAA).
  • Identify the responsibility of the RIAA.
  • Evaluate why people download music and whether or not they are breaking the law.

This packet is 11th in a series about music as media.

It provides information on music piracy and how downloading music has gotten many people into trouble with the RIAA.

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Background Information

THE LISTENER- Washington Post.com
Download Uproar: Record Industry Goes After Personal Use

Sunday, December 30, 2007; Page M05

Despite more than 20,000 lawsuits filed against music fans in the years since they started finding free tunes online rather than buying CDs from record companies, the recording industry has utterly failed to halt the decline of the record album or the rise of digital music sharing.

Still, hardly a month goes by without a news release from the industry's lobby, the Recording Industry Association of America, touting a new wave of letters to college students and others demanding a settlement payment and threatening a legal battle.

Now, in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.

The industry's lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are "unauthorized copies" of copyrighted recordings.

"I couldn't believe it when I read that," says Ray Beckerman, a New York lawyer who represents six clients who have been sued by the RIAA. "The basic principle in the law is that you have to distribute actual physical copies to be guilty of violating copyright. But recently, the industry has been going around saying that even a personal copy on your computer is a violation."

RIAA's hard-line position seems clear. Its Web site says: "If you make unauthorized copies of copyrighted music recordings, you're stealing. You're breaking the law and you could be held legally liable for thousands of dollars in damages."

They're not kidding. In October, after a trial in Minnesota -- the first time the industry has made its case before a federal jury -- Jammie Thomas was ordered to pay $220,000 to the big record companies. That's $9,250 for each of 24 songs she was accused of sharing online.

Whether customers may copy their CDs onto their computers -- an act at the very heart of the digital revolution -- has a murky legal foundation, the RIAA argues. The industry's own Web site says that making a personal copy of a CD that you bought legitimately may not be a legal right, but it "won't usually raise concerns," as long as you don't give away the music or lend it to anyone.

Of course, that's exactly what millions of people do every day. In a Los Angeles Times poll, 69 percent of teenagers surveyed said they thought it was legal to copy a CD they own and give it to a friend. The RIAA cites a study that found that more than half of current college students download music and movies illegally.

The Howell case was not the first time the industry has argued that making a personal copy from a legally purchased CD is illegal. At the Thomas trial in Minnesota, Sony BMG's chief of litigation, Jennifer Pariser, testified that "when an individual makes a copy of a song for himself, I suppose we can say he stole a song." Copying a song you bought is "a nice way of saying 'steals just one copy,' " she said.

But lawyers for consumers point to a series of court rulings over the last few decades that found no violation of copyright law in the use of VCRs and other devices to time-shift TV programs; that is, to make personal copies for the purpose of making portable a legally obtained recording.

As technologies evolve, old media companies tend not to be the source of the innovation that allows them to survive. Even so, new technologies don't usually kill off old media: That's the good news for the recording industry, as for the TV, movie, newspaper and magazine businesses. But for those old media to survive, they must adapt, finding new business models and new, compelling content to offer.

The RIAA's legal crusade against its customers is a classic example of an old media company clinging to a business model that has collapsed. Four years of a failed strategy has only "created a whole market of people who specifically look to buy independent goods so as not to deal with the big record companies," Beckerman says. "Every problem they're trying to solve is worse now than when they started."

The industry "will continue to bring lawsuits" against those who "ignore years of warnings," RIAA spokesman Jonathan Lamy said in a statement. "It's not our first choice, but it's a necessary part of the equation. There are consequences for breaking the law." And, perhaps, for firing up your computer.

Want to Learn More?

Familiarize yourself with the RIAA at http://www.riaa.com/aboutus.php

Check out these links on the above website-

ABOUT: Freedom of Speech

PIRACY: Online and On the Street

Discussion Questions

  1. T/F? There have been more than 20,000 law suites filed against music fans who have downloaded free music online rather than buying CDs from record companies.

  2. T/F? The music industry has succeeded in stopping people from downloading music.

  3. T/F? Jammie Thomas was fined almost $10,000 for each song she downloaded.

  4. T/F? According to a study, over half of college students download music and movies illegally.

  5. T/F? In the 1920s, when radio stations started playing records over the airwaves, no one was making money off the recordings being played, except the radio station via its sponsors.

  6. T/F? Before the invention of blank tape it was close to impossible to COPY a record. If you wanted the record, you either bought it or played it at your friend's house till the needle lost its tip.

  7. T/F? When CDs first came out in the early 1980s, it was easy to burn them onto a new CD and make multiple copies.

  8. T/F? Low record sales mean fewer new artists get signed.

  9. The Recording Industry Association of America (RIAA) states that "If you make unauthorized copies of copyrighted music recordings, you're stealing. You're breaking the law and you could be held legally liable for thousands of dollars in damages." According to this quote, downloading music online is the same as_________________.

  10. In what state did the music industry make its case before a federal jury for the first time?

  11. In a Los Angeles Times poll, what percent of teenagers surveyed said they thought it was legal to copy a CD they own and give it to a friend?

  12. What is the responsibility of the RIAA?

  13. What is the main reason people download music and file-share illegally?

  14. In response to global music piracy, the music industry has employed a multi-faceted approach to combat this piracy, combining education, innovation, and enforcement. What is their overall goal and do you think they will aver achieve it? Explain.

  15. How much money does the music industry lose from piracy?

  16. How is downloading music different from copying a personal CD? Explain.

  17. If people start paying to download and are charged per song, who decides how much a song costs and where that money goes?

  18. According to an article on America Online, the RIAA is including a grandfather and his preteen grandchildren in its class action suit. Is it right to sue twelve-year-olds and 80-year-olds who don't know what the twelve-year-olds are doing? Probably not. One 80-year-old grandparent we spoke with for this article seemed to sum it up best: "I don't even know how to turn the damned thing on!" Many grandparents innocently bought the computer as a treat for when the "kids" come over. (Thanks, grandma) Still, a twelve-year-old may know how to USE the technology as well as an MIT grad student but most likely doesn't understand the legal ramifications of doing so, much less the economics of the recording industry. In such cases, outreach by the RIAA may be more plausible. What do you think about downloading music illegally? Do you do it? Explain.