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Articles 1 - 11 of 11
Full-Text Articles in Law
Royalty Securitization, Kristelia García
Is Music The Next Ebooks? An Antitrust Analysis Of Apple's Conduct In The Music Industry, Alexa Klebanow, Tim Wu
Is Music The Next Ebooks? An Antitrust Analysis Of Apple's Conduct In The Music Industry, Alexa Klebanow, Tim Wu
Faculty Scholarship
Over the last twenty years, two waves of technological change have transformed the way people purchase and listen to music. First, digital downloads displaced physical sales of albums. More recently, digital downloads, once the primary way to gain access to digital music, have come to be challenged by streaming services. Apple, a leader in the digital download market with iTunes, has engaged in various strategies to meet the challenge. This Note specifically focuses on two types of conduct: Apple’s pressure on labels to enter into exclusive license agreements, also known as windowing, and Apple’s pressure on the market to abandon …
Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans
Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans
Michigan Law Review First Impressions
Recent technological advances have allowed consumers to reinvent the mixtape. Instead of being confined to two sides of an audiocassette, people can now create playlists that stretch for hours and days on their computers, tablets, mobile devices, and MP3 players. This, in turn, has affected how people consume and listen to music, both in isolation and in groups. As individuals and business owners in the United States use devices to store, organize, and listen to music, they inevitably run up against the boundaries of U.S. copyright law. In general, these laws affect businesses more often than private individuals, who can …
Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, Jordan Teague
Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, Jordan Teague
Jordan Teague
Many believed that Spotify would revolutionize the music industry, offering a legal alternative to file sharing that compensates musicians for use of their digital music. Why, then, have artists been abandoning the Spotify revolution in droves? Because the revolution has a dark side. Since Spotify is part-owned by the major labels, it has a serious conflict of interest with independent artists. Spotify’s lack of transparency about its financial flows gives musicians further reason to suspect whether the service has their interests in mind, particularly in light of the microscopic royalties that Spotify has paid out to artists to date. This …
System Overload: Is The Digital Music Age Making Consumers Yearned For Physical And Innovative Music Products?, Daniela Oliva
System Overload: Is The Digital Music Age Making Consumers Yearned For Physical And Innovative Music Products?, Daniela Oliva
Daniela Oliva
This article discusses problems inherent in digital music formats that have affected the music industry, consumers and musicians. Innovative digital products and unique physical music products can help the music industry mitigate damages and recapture some of the profit lost to illegal file sharing.
I Own Therefore I Am: Copyright, Personality, And Soul Music In The Digital Commons, David Dante Troutt
I Own Therefore I Am: Copyright, Personality, And Soul Music In The Digital Commons, David Dante Troutt
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
How ‘Choruss’ Can Turn Into A Cacophony: The Record Industry’S Stranglehold On The Future Of Music Business, Andrey Spektor
How ‘Choruss’ Can Turn Into A Cacophony: The Record Industry’S Stranglehold On The Future Of Music Business, Andrey Spektor
Andrey Spektor
March of 2009 was a significant month for shaping the battles for the upcoming year. First, the mastermind of the RIAA’s new plan to legalize peer-to-peer file sharing, Jim Giffin, finally gave a presentation about Choruss—an independent entity that will be unveiled in the Fall of 2009. Choruss will aggregate licenses from major record labels and sell them to universities and other internet service providers. The cost would be passed on to users, who would in turn have an all-you-can-download access to music. While Choruss would obviously increase the RIAA’s profits and inoculate online music piracy, the emerging digital markets …
Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa
Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
On April 2, 2007, Apple Inc. and EMI Music held a joint press conference in London that may be the harbinger of significant changes in the digital music arena. This press conference, whose attendees included EMI Group CEO Eric Nicoli and Apple CEO Steve Jobs, unfolded in an environment of significant technological and commercial changes in the music industry. The shift to the digital era has been a turbulent one for many players in the music industry, particularly as a result of the widespread distribution of unauthorized digital music files and the concurrent significant decline in record industry sales. The …
The Digital Music Dilemma: Protecting Copyright In The Age Of Peer-To-Peer File Sharing, Natalie Koss
The Digital Music Dilemma: Protecting Copyright In The Age Of Peer-To-Peer File Sharing, Natalie Koss
Vanderbilt Journal of Entertainment & Technology Law
This paper seeks a resolution between the need to eliminate copyright infringement and the desire to encourage new technology. This paper will suggest that the music industry would be better off directing resources toward solutions such as compulsory licensing, royalty collection, and working with hardware manufacturers to discourage copyright infringement. These solutions would allow the industry to take advantage of file sharing now rather than expending resources in court where the desired result of ending P2P programs may never come.
Arresting Technology: An Essay, Ann Bartow
Arresting Technology: An Essay, Ann Bartow
Ann Bartow
This Essay considers the current trend of content owners using copyright laws (particularly the doctrine of contributory infringement) to "arrest technology," thereby burdening file sharing technologies with a duty to prevent unauthorized copying of copyrighted works in digital formats. The Author argues that copying is not necessarily theft, and that sharing music files (for example) shouldn't be treated by courts or lawmakers as if it was "the moral equivalent of looting." Instead, copyright owners should take responsibility for developing technological measures to minimize unauthorized copying, so that file trading technologies, themselves often copyrightable innovations, can flourish and copyright law promotes …
Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg
Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg
Law Faculty Scholarly Articles
The Napster case is the current cause celebre of the digital age. The story has color. It involves music-sharing technology invented by an eighteen-year-old college dropout whose high school classmates nicknamed him "The Napster" on account of his perpetually kinky hair. The story has drama. Depending on your perspective, it pits rapacious big music companies against poor and hardworking students who just want to enjoy some tunes; or it pits creative and industrious music companies seeking a fair return on their invested effort, time, and money against greedy and irreverent music thieves. And the case has importance. Music maybe intellectual …