Legal issues on the Music Front

In the music industry the most controversial issue that is probably the most popular deals with online music piracy. Since the inception of sites such as Napster, Lime wire, Kazaa, and other sites that music can be downloaded for free, the music industry has suffered greatly. Allowing consumers to download music of any of their choice for free poses a threat not only the artists but to the record companies. Sales are lost and songs are ill treated when they are used to generate revenue for a third party company. There are an endless number of cases dealing with music piracy and infringement, royalty underpayment and such. I located three that I felt would be beneficial to this topic. It seems that ringtones have become an issue in the world of music downloads. In the case of US v. ASCAP, ASCAP and BMI claim that AT&T was using songs to selfishly make a profit and not compensate the artist “the way everyone else does.” The court ruled in ASCAP’s favor, concluding that the ringtone included the chorus, which is the “most melodious” of the song. It is not fair use to the artist. I feel that whatever part is used from a copy written song, the artist should be compensated in some fashion or form. Another big issue with the music industry is protecting copyrights. The 2004 court case involving the RIAA and Verizon Internet Services is a perfect example. The RIAA wanted VIS to turn over the names of uses trading music online. The court ruled in VIS’ favor, giving “copyright holders broad powers over their works.” A work is copy written for a reason right? To stamp out infringers, but in the case the RIAA lost and was stunned by the decision that was over-turned from a previous case.

As an artist, we expect to receive royalty off of everything involving our music, right? Well in the case involving Universal Music and FBT Productions, who the rapper Eminem recorded records with before he was signed to Universal demanded 50% royalty off of digital sales. This was before the invention on iTunes and other sites containing digital music. Universal was ordered to pat FBT 50% of royalty revenue from all downloads. Although they were entitled to a 12% royalty on “records sold”. The courts were in favor of FBT’s argument, ruling that the contracts were “unambiguous”.

In all three of these cases, as different as they may be, it is a clear pattern. The music industry is forever evolving and there will always be legal issues, whether it is involving royalties, piracy, copyright, or trademark. It is best to research and educate yourself to gain a clear understanding of what can and cannot be done.

Reproducing 30 second clips of music is not fair use. US v. ASCAP (SDNY 2009) Retrieved on March 4, 2011 from www.nmpa.org/legal/cases.asp

Michael Grebb (2004 October 12). Music Industry Spurned by Court. Retrieved on March 5, 2011 from www.wired.com/entertainment/music/news/2004/10/65321

Sean Michaels (6 September 2010). Eminem label loses court battle over digital royalties. Retrieved March 6, 2011 from www.guardian.co.uk/music/2010/Sep/06/eminem-label-loses-court-battle