MUI 221 Lecture 3 Notes
MUI 221 Lecture 3 Notes MUI 221
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This 2 page Class Notes was uploaded by Kirsten Matthewman on Sunday January 24, 2016. The Class Notes belongs to MUI 221 at James Madison University taught by David Cottrell in Fall 2015. Since its upload, it has received 60 views. For similar materials see SURVEY OF MUSIC INDUSTRY in Music at James Madison University.
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Date Created: 01/24/16
MUI 221: Survey of the Music Industry – Lecture 3: Amendments, A Story of Woe, Infringement Audio recording industry evolvement: Digital audio tapes where introduced in late 60’s They replaced vinyl records In 1982 compact discs (CD) were used CD’s very inexpensive to reproduce CD’s were a combination of Sony (Japan) and Phillips (Europe) When analog recordings were copied, each time quality was lost with each copy Digital recordings could be copied without loss of quality (late 80’s) The Copyright Act of 1976 has been amended more that 50 times: Audio Home Recording Act of 1992 First real victory for labels Doesn’t make home recording legal Gave labels performance right exclusion Digital Performance Right in Sound Recordings Act of 1995 Performance right means money Huge victory for labels Established “Sound Exchange” – the mechanism by which these digital performance royalties are distributed The labels could get a performance royalty from circle p, but has to be digital performance No Electronic Theft Act of 1997 Imposes criminal penalties for distribution of copies, files or software for “commercial advantage or to provide financial gain” Includes the receipt (or exception of receipt) of anything of value, including copyrighted music Does not need to involve money – e.g. people give away illegal downloads of music for free The Digital Millennium Copyright Act of 1998 Made piracy a crime Established criminal penalties for cracking anti piracy measures Sony tried installing DRM to stop piracy (look up DRM) Stopped because it wasn’t working Infringement Means test: 1. Prove ownership: register song with library of congress 2. Substantial similarity to original 3. Infringers had access to the original track: aka evidence they copied your music Contributory Infringement: A person accused of this has knowledge of infringing activity and contributes to it, such as a website linking files Vicarious Liability: An entity or person that has the right or ability to control the direct infringer and receives financial benefit from the infringement Example: A web site that retransmits infringing music files. Receiving revenue from banner ads or ecommerce on the site can be evidence of a financial benefit. Piracy: Selling an unauthorized copy of something Counterfeiting: Making a copy that looks exactly like the original Bootlegging: Unauthorized recording of a live concert Online Piracy: Illegal duplication and distribution of sound recording for commercial gain