Mar 15 2005

Music sharing faces a new battle

  • Written by moneoa
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For years now, consumers have repeatedly heard that copying artistic works basically equals stealing directly from the artists.

But history may suggest otherwise.

One need look no further than the infamous Betamax case, when major Hollywood studios filed suit against Sony, claiming that the ability to tape at home on VCRs was copyright infringement and threatened the economic future of their industry. Nevertheless, Hollywood continues to thrive today despite DVD technology.

The precedent set by the Supreme Court’s decision in 1984 is an issue that the court will begin hearing in another case that begins March 29, but this time involving the major record labels and peer-to-peer software providers that allow consumers to download and share music files.

The Recording Industry Association of America, which is the lobbying arm of major record labels in the United States, claims “P2P” sharing is taking money directly from the artists’ pockets. So much so that it’s filed a staggering 6,500 lawsuits against P2P users, including people as young as a 12-year-old girl and as old as a 71-year-old grandfather.

The RIAA is negotiating settlements for an average of $3,000, so hopefully Britney Spears is getting a fair cut. There are two problems with the RIAA’s argument, though. One is the recording industry’s repeated attempt to convince the public (and perhaps its artists) that it is “all one family.” Neil Portnow, president of the National Academy of Recording Arts & Sciences, has hammered this notion home at the Grammy Awards for the past two years.

But the idea of family hardly rings true when the Federal Trade Commission finds that more than 85 percent of the total market is held by just five major labels: Time Warner, Sony, EMI, UMG and BMG.

The other, and perhaps more critical, problem is that for many artists, P2P file sharing constitutes both a legal and essential way to distribute their music.


Read the complete Story @ BG News

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