The RIAA Music Downloading Controversy: Both Sides of the Record
By Darcie-Nicole Wicknick
Special to MusicBizAdvice.com
POSSIBLE COMPROMISES TO THE FILESHARING PROBLEM One option that might make sense would be for the RIAA, BMI, or ASCAP to send
field representatives (or even well-informed Music Business professionals) to schools and
colleges to educate them about the impact of file-sharing and copyright infringement. Then
if a rebellious kid says, "Whatever. I do as I please," the RIAA could proceed
from there. The RIAA is assuming that people know just how pervasive the problem is. Not
necessarily so. Based just on research for this article alone, the lay population and even
some of the music community don't understand all the factors involved…and it's
difficult to hold uninformed people accountable.
A solution popular with many music industry insiders is the notion of collecting blanket
license dues or individual song royalties from companies who implement music downloading
technology, such as internet service providers (ISPs)--much like fees collected by ASCAP
and BMI from venues, radio stations, and TV stations for songs that are performed.
Songwriters would get paid, and a small fee added to the consumer's ISP bill would cover
the cost. This, combined with education, could minimize illegal downloading.
Still there is a light at the end of the tunnel, and a wide array of possible compromises
that would be fair to everyone. The iTunes deal, though not the favorite of some industry
insiders, is one step toward compromise. In addition, Universal Music Group reduced their
Suggested Retail List Price (SRLP) to $12.00 on new CD releases. This encourages people to
buy a CD at a more reasonable price and may be reflective of what CDs WOULD have cost if
illegal downloading had not been so prevalent. Last year, Island-Def Jam artist Bon Jovi
introduced new technology on their Bounce CD with American XS, an incentive program with
exclusive content, contests, online chats with the band, and special concert seating
available to CD purchasers who registered online using a unique code contained in each CD.
Island Def Jam is owned by Universal.
According to a Music Business News article by Jon Iverson, BMG and SunnComm
Technologies are developing deals to implement advanced copy protection (like the scramble
you get on pay TV channels) on CD and DVD media. The article goes on to say that reaction
and market of this process is yet unknown.
Iverson also reports that the Electronic Frontier Foundation (EFF) is encouraging
file-sharers to challenge copyright laws. EFF director Shari Steele is quoted in the
article as saying "Copyright Law is out of step with the views of the American public
and the reality of music distribution online." Steele goes on to say that there needs
to be a better way to ensure artists get paid while allowing file-sharing to persist.
The waters will be very choppy until a reasonable medium is reached. And, it may take
years. Dubbing tapes and CDs and selling them - or bootlegging - is deemed illegal in all
cases. An FBI federal warning is issued at the beginning of every DVD and VHS tape. The
same laws of copy and sale or mass distribution apply in music. The RIAA is stepping up to
remind people of this. How they are doing so may leave much to be desired. But given the
potential ramifications of file-sharing, it pays to be educated and informed, regardless
of which side of the issue you stand.
ADDITIONAL RESOURCES
http://www.bmi.com
http://www.ascap.com
http://www.loc.gov/copyright
http://www.riaa.org
http://www.bmi.com/library/brochures/historybook/index.asp
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