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Effects Of Music Piracy On The Recording Industry

    Within the last few years the music industry has suffered due to advancing technology, specifically the Internet. Record sales have dramatically decreased as potential consumers turn to services like Kazaa, Morpheus?, and Napster? to create their own CD’s free of charge. This new technology has left executives in confusion as to how to solve the issue of music piracy. Though lawsuits have been filed and precedents set that could put an end to free downloading it is hard to implement a plan to stop the public from, what entertainers call it, “stealing” music.
    

    After researching this topic I hope to find the detailed effects that the introduction of downloading agents has had on the music industry. More specifically, I hope to find statistical data that shows the change in the music industry over the past few years. I also hope to find out the legal ramifications of downloading music. I would like to understand more thoroughly the Napster court decision as well as the legality of companies like Kazaa. Furthermore, I would like to be able to make an educated prediction of where the music industry will be in five years. I would like to be able to also provide some of my own ideas on the topic and offer some possible solutions that the recording industry could follow.

    My intended audience would be on both sides of the issue. Students, like myself, would be interested in this topic because they download music and paying to do this or being forced back to buying compact disks would affect their budget. It would also be important for them to know the legal ramifications so they don’t get sued for having downloaded music like some people already have. I also think that members of the recording industry, such as artists, and employees of companies like Virgin Records? and Jive? would be interested in my research as well as the solutions I propose.

Keywords

UNC Library catalog:
Recording Industry or Internet downloading
Napster OR Kazaa
Music n2 (internet or downloading)
** Everything else I tried gave no results probably due to the fact that my topic is so current. Ex. Recording Industry AND Music Piracy

Lexis-Nexis Academic:
Music Industry AND Internet dowload!
The Music Industry AND effects of music piracy

Web search engine: Google
Recording Industry and Music Piracy
Music Piracy and effect! on music industry

 

Section II

Print sources from the UNC libraries
Brauer, Andrew J. A&M Records V. Napster: A Case Study in Internet Copyright Law.
   Honors essay: Kenan-Flagler Business School, University of North Carolina at Chapel Hill, 2002.
   Call Number: C378 U031 2002 v.2

Merriden, Trevor. Irresistible forces : the business legacy of Napster & the growth of the
   underground Internet. Oxford: Capstone, 2001.
   Call Number: ML3790 .M44 2001

Non-paper source from the UNC libraries (actually the only one I could find was in the Duke libraries)

The Napster litigation and the future of peer to peer file sharing. ½ in, 60 min. Duke Program
   in Public Law and the Office of Student Affairs. Durham, NC, 2000.
   Call Number: “Videocassette” at Duke University Law Library


Section III

“Napster: Catalyst for a New Industry or Just Another Dot-com?” Ivey Business Journal 66,
   no.3 (January 2002): 45-56 [online], available from Tablebase.
   http://rdsweb2.rdsinc.com/ (September 20, 2003).

“Sales Of Recorded Music Decline For The Second Year In A Row.” Research Alert 20, no.
   6 (March 15, 2002): 6 [online], available from Tablebase.
   http://rdsweb2.rdsinc.com/ (September 20, 2003).

Tedeschi, Bob. “Services for downloading music -- legal and with making a profit in mind –
   are gaining momentum.” The New York Times (July 28, 2003): C5 [online],
   available from Infotrac. http://www.infotrac-college.com/ (September 20, 2003).

Dana, Rebecca. “To Fight Music Piracy, Industry Goes to Schools.” The America's
   Intelligence Wire (August 28, 2003): NA, available from Infotrac.
   http://www.infotrac-college.com/ (September 20, 2003).

“Music Sales Decline - Again.” The Online Reporter (January 4, 2003): NA, available from
   Infotrac. http://www.infotrac-college.com/ (September 20, 2003).

Guerinot, Jim. “Taking Issue: 'The Solution Lies In The Fact That Free Music Is Not Really
   Free' Finding A New Way To Profit” Billboard (August 30, 2003): 13 [online],
   available from Lexis-Nexis. http://www.lexisnexis.com/ (September 21, 2003).

 

Section IV

Title of Web Page: News.com: Tech News First.
Web address: http://news.com.com/
Brief Description: This website is an online newspaper covering computers and the Internet. It has articles about software and hardware and a helpful section on the net. The section on the net gives the current top stories regarding the Internet and has a search engine that allows you to search any topic.
Source of Web site: CNET Networks, Inc.

Title of Web Page: IFPI: representing the recording industry worldwide
Web address: http://www.ifpi.org/
Brief Description: The International Federation of the Phonographic Industry (IFPI) is the organization that represents the international recording industry. IFPI’s current main goal is to fight music piracy and their website contains information on the legality of music downloading, analysis reports on record sales, information on copyright laws and the recording industry, as well as news and market information about the music industry. IFPI is similar to RIAA but it is on an international scale.
Source of Web site: IFPI

Title of Web Page: Recording Industry Association of America
Web address: http://www.riaa.com/
Brief Description: The RIAA (Recording Industry Association of America) represents the U.S. recording industry, whose member’s are record companies. The website provides information on the recording industry as well as industry news. The site also discusses issues, specifically piracy, and also provides research and data.
Source of Web site: Recording Industry of America

Title of Web Page: Wired News
Web address: http://www.wired.com/
Brief Description: Wired News provides Internet related news. It is an extensive website that offers information on the Internet in the following areas: technology, business, politics and culture. There is a search engine that allows the user to retrieve many past articles in their area of interest.
Source of Web site: Lycos, Inc.


Title of Web Page: mi2n : Music Industry News Network
Web address: http://www.mi2n.com/
Brief Description: mi2n is also another database for Internet -related stories. However, it has more information than just news releases; it also has specific areas, which include business news, tech news, label news, video news, radio news, band news, music events, web events and music releases. In addition, people can submit their own news to the site.
Source of Web site: Tag It

 

Section V

                        The Rise of Internet Downloading And the Fall of the Music Industry

   Before the introduction of mainstream Internet people bought their music first through tapes then through compact disc’s. Just as CD’s replaced cassettes as technology grew, MP3’s and the Internet began to replace CD’s. At first this seemed like a great innovation that would forever help the consumer; however, in reality it would only be a couple of years before the full ramifications of downloading music off the Internet were seen. As people downloaded music from programs like Sean Fanning’s Napster and were able to burn their own CD’s at home, there was no more need to go to the stores to purchase music. Thus, record sales began to decrease and the artists were not being compensated. As sales went down and profits fell, the music industry began to face issues that had never been faced before.
   

   Napster led the music downloading and file sharing industry and really became mainstream between 1999 and 2000. Soon any American with a computer and Internet access could download software like Napster to start downloading music. According to the IFPI this kind of piracy is best described as the “the unauthorized duplication of an original recording for commercial gain without the consent of the rights owner.” Essentially people were now able to download music files, or MP3 files, from one another. As Napster became popular, similar programs were created such as Kazaa, Morpheus and Limewire. However, Napster, being the first, soon found itself tied up in litigation and taken to court. While the ultimate ruling was to close Napster, which it did, the other downloading agents remained virtually untouched. As CD burners began to grow in popularity, people were soon able to not only download music free of charge, but also make actual CD’s from that music.

   CD sales began to increase at a decreasing rate around 1999. It was not until 2000-2003 that the large effects were seen. The Worldwide sale of music CD’s, records and cassettes fell for the third year in a row at the end of 2002. At this time IFPI released the data on worldwide music sales. In the United States alone there was a 10 percent decrease in music sales. Market Researcher Nielsen Soundscan reported that through December 22, 2002, CD sales fell by 9.3 percent. What is causing this steady decrease in profits and sales? Those individuals associated with the RIAA blame music piracy and illegal downloading agents. However, some of their critics claim, “that record labels are simply not releasing enough good music.”
   

   It is no coincidence that as technology grew and the Internet could be found in the majority of US homes music sales declined. From 2000 to 2001, alone, the sale of Full-length CD’s dropped 6.4 percent and CD singles fell by 49.4 percent. Through use of peer-to-peer file sharing and the downloading of MP3 music files online people are able to mix their own CD’s rather than having to buy several different CD’s. It was inevitable, perhaps, that this practice would soon be called into legal question. Music, a song for example, is protected under copyright law and as people upload it on to the net and others download it without any compensation to the artist an illegal activity occurs. However, on the other hand, some say this practice is not really illegal because people are sharing files from each other.

   Without regulation of unauthorized music downloading on the Internet the end of the music industry could possibly be in the not-so-far future. If record labels cannot make enough money from CD sales to cover the costs for recording fee’s, artist’s signing contracts and overall operating costs the music industry/business will plummet to the ground. Fortunately recent actions taken by the RIAA have decreased Internet downloading within the last few months. According to a market research group, “the unauthorized distribution of music over the Internet dropped by nearly a quarter from April to June.”

   With the Internet came free music downloads and out went record sales. Technology literally led to the beginning of one industry and the possible end of another. However, through current lawsuits and legislation, the music industry could witness a revival in its sales. As music piracy has recently declined due to the enforcement of copyright infringement laws, hope has grown in the overall recording industry, and perhaps maybe so will sales.

List of Web Sites

Title of Web Page: IFPI: representing the recording industry worldwide
Web address: http://www.ifpi.org/
Brief Description: The International Federation of the Phonographic Industry (IFPI) is the organization that represents the international recording industry. IFPI’s current main goal is to fight music piracy and their website contains information on the legality of music downloading, analysis reports on record sales, information on copyright laws and the recording industry, as well as news and market information about the music industry. IFPI is similar to RIAA but it is on an international scale.

Title of Web Page: News.com: Tech News First.
Web address: http://news.com.com/
Brief Description: This website is like an online newspaper regarding everything about computers and the Internet. It has about software and hardware and a helpful section on the net. The section on the net gives the current top stories regarding the Internet and has a search engine that allows you to search any topic.

Title of web page: Grammy.com
Web address: http://www.grammy.com/
Brief Description: This site has information on the Grammy awards as well as industry news and information on the recording academy. The news section highlights the most recent events in the music industry and has many stories relating the music piracy. There are good articles on the response to the legal actions taken by the RIAA.

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