Teaching Module » Music and the Internet
Goal
The goal of this teaching module, which is designed as a 50 minute lesson, is to inform the college/university community of technical and legal issues concerning music and the Internet. This includes explaining what is legal and illegal; basic information relating to copyright laws; and the consequences for breaking the law.
Teaching Module Online
The teaching module is divided into five sections that can be used as they appear here, or in any combination that the instructor chooses, to convey the essential information to students. An outline of the teaching module is given below, with suggested time allotments for each section.
- Lecture I: The Technology - 5 minutes
- Lecture II: Copyright Basics - 10 minutes
- Lecture III: Consequences for Violating the Law - 5 minutes
- Lecture IV: Discussion - 15 minutes
- Lecture V: Case Studies - 15 minutes
- Handout: Additional Resources
Credit
The RIAA expresses its appreciation to Riccardo Schulz of Carnegie Mellon University for the development of this teaching module.
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LECTURE I: THE TECHNOLOGY (5 MINUTES)
Internet Use
The Internet is fast becoming the communication medium of choice. In 1995, there were approximately seven million consumers with Internet access; in 1996, the number increased to 35 million. Estimates for the year 2000 top 200 million users. Wall Street analysts claim that Internet use is exploding at a more rapid rate than radio or television did in their infant days. One reason the Internet is so popular is the variety of technologies that are common to nearly all users. From online courses and one-on-one chat, to the ability to stream audio and video, either live or from computer file, the Internet is an incredible tool for communication, education, information and entertainment.
MP3 Format
At this time, the most commonly available software for listening to audio on your computer is MPEG Layer-3 Audio, commonly known as MP3. This is a file format used for storing sound digitally, such as on a computer hard drive or (if the file is small enough) on a floppy, ZIP disk or other storage medium.
What makes the MP3 format especially suitable for music files is that MP3 keeps the files relatively small. For example, without MP3, a five-minute CD-quality song would take up 50 megabytes of hard-drive space; a 1-gigabyte hard drive can be full with just a handful of five-minute songs, with no room left for your English paper. However, using the MP3 format, the same song would take up less than 5-megabytes of hard-drive space, the equivalent of three-and-a-half floppy disks. This massive size decrease doesn't come for free. A technique known as "lossy compression" is used: special software decides what parts of the sound you probably won't be able to hear and just throws it out. Because of their manageable size, MP3s are easily distributed over the Internet.
To play MP3s you will need a special program. For Windows, the most popular player is the shareware program WinAmp. For the Apple Macintosh, MacAmp is the one used most often. Once you have downloaded and installed the program, playing the music is as simple as running the program and selecting the MP3 you want to listen to.
Technology for finding and listening to music via the Internet has progressed so rapidly, it's at the point where we can say, "It's here now." In fact, music Web sites are the latest rage among colleges students across the country. There's one problem: many music sites have been created by students and made available to the public through their universities' access to the Internet, and most of them are illegal. The sites are illegal because they violate federal and/or state copyright laws. The consequences can be severe.
LECTURE II: COPYRIGHT BASICS (10 MINUTES)
The Basics
You might have the coolest music collection on earth, but, according to copyright law, it is for your personal use only. Unless you own the copyright to the words, the music and the actual performance that's on tape or CD (or any other format), you cannot distribute the product for free, for fun or for profit. It's sort of like loaning your driver's license and the family car to a stranger -- one is assigned only to you, and you generally don't have any right to loan out the other. In other words, loading your music collection onto your computer, and letting others have access to it, is probably illegal. (More on this later).
While the sense of fair play for the rights of authors, composers and performers of the music you listen to may or may not resonate with your ethical sensibilities, copyright statutes make respecting the rights of artistic ownership far more cogent than they might otherwise be. The Handout IV section will give you sources of information for finding legal MP3 sites on the Internet, and additional information relating to MP3 technology. But first, a little diversion into the legal aspects of music and the Internet.
- What is copyright?
Copyright is the means for artists, writers and musicians to protect their work and the profits that might be generated from their work. Unless a creator gives up all rights to his or her work, it belongs to the creator of the work.
- Generally, what do copyright laws control?
Copyright laws control the reproduction, distribution, adaptation, and, in some cases, the public display and performance of creative works. These laws are the basis for protecting the ownership of creative works including music, art, and literary or scholarly work. In other words, copyright law says that the owner of the copyright controls these uses of the work.
- In the case of music, is it the actual recording orthe performance that's
covered under copyright law?
Both. Every sound recording has at least two copyright elements associated with it, and sometimes more. The two elements that are present in virtually every sound recording are: (1) the written lyrics and accompanying musical composition (commonly referred to as the musical composition); and (2) a particular recorded performance of that musical composition (referred to as the sound recording).
The musical composition may have more than one copyright that applies to it. There may be one copyright for the music, and a separate one for the words or lyrics, if the piece has words. Copyright law also protects original creators from others who might make arrangements of their works. In other words, a song created by one songwriter cannot be used in a different arrangement by another individual without permission of the original creator. In addition to the musical composition, the sound recording is also protected by copyright laws. - Who owns the copyrights?
The sound recording copyright is generally owned by the record company that issued the recording. The musical composition is usually owned by the artist (if he or she wrote the song), songwriter or music publisher. If there are words or lyrics to a song, the author of the words (or his or her publisher) may own a separate copyright.
- How does the law apply to the Internet?
The laws remain the same. Reproductions or distributions of sound recordings, which have not been authorized by the copyright owner, violate federal and, possibly state law.
- Specifically, what are the rights of sound recording copyright owners?
Sound recording copyright owners have a number of rights under current federal law that include the right to control the reproduction, distribution and various digital transmissions of their work. Therefore,
- creating unauthorized MP3 sites by copying sound recordings to a server and/or offering such recordings for download is a violation of copyright law
- creating tapes or CDs of recordings downloaded fromthe Internet is a violation of copyright law
- offering interactive digital transmissions of sound recordings, and, in some cases, webcasts requires licensing
- It's OK as long as I don't charge or make a profit, right?
Wrong! The law applies even if no profit is derived from the activity.
- So what does this mean to me?
If you don't own the copyright, you can't reproduce the work or distribute it. While there is an exception for copying for personal use onto cassette tapes and some digital media, that exception does not apply to the Internet. This means that, as a general rule, you can't download it, upload it or otherwise distribute without authorization. Marking a site "for promotional use only" or urging listeners to buy the CD after they've listened to the files doesn't make it legal.
- What about "fair use"?
Widely accepted guidelines for "fair use" suggest the following:
- A particular use of music or other creative work for educational purposes is an example of "fair use" though it may depend on the context. In determining what is fair use, a court would look at such things as what descriptions accompany the music or work of art, and the context for its use (i.e., as incidental music in a play, for music instruction or illustration).
- Quotation from books or music for purposes of review are usually a "fair use" as long as they don't violate the spirit of the "fair use" policy as suggested above.
- The reproduction and distribution of a complete sound recording is almost never a "fair use."
Obtaining Permission To Use Copyrighted Material
To legally put musicon the Internet, you need permission of the copyright owners. This can only be done by obtaining licenses for the sound recording and the musical composition. For sound recordings, the record company that produced, manufactured and distributed the recording usually owns the copyright (the sound recording owner is designated by a (P) on a compact disc, album or audio cassette tape). In order to perform, reproduce or distribute a recording on your site, or on another medium for distribution (cassette, CD or MP3 site, for example), you must get a license directly from the record company that owns the recording.
For the musicalcomposition, a license can sometimes be obtained directly from the publisher of the music -- the company that owns the copyright (designated by a (c) on a compact disc, album or audio cassette tape). This is especially true of smaller publishing companies, or of artists who act as their own publisher. Note: obtaining permission directly from a composer to use his or her work is not sufficient if the composer has assigned rights of that work to a publisher to perform musical compositions. The performance rights organizations that represent musical publishers, composers and songwriters are:
- ASCAP (www.ascap.com.)
- BMI (www.bmi.com.)
- SESAC (www.sesac.com.)
The publisher may refer you to the agency that coordinates licenses to reproduce and distribute a musical composition. This organization is The Harry Fox Agency. For more information, visit their Web site at www.nmpa.org.
Electronic Distribution Of Recorded Music
A number of small bands use the Internet as their primary source for distributing their own material. Some do this because they want everyone to hear their music; others put up certain tracks from their CDs in the hopes that listeners will like what they hear and order the whole CD. If a band is the creator of the music and the sole owner of the copyright, they have the legal right to upload MP3 files of their music, and to state the conditions for the distribution of their music. Many record labels realize the potential of selling music through the Internet and have created Web sites to advertise their products, sometimes including downloadable sound files.
LECTURE III: CONSEQUENCES FOR VIOLATING THE LAW (5 MINUTES)
Civil And Criminal Remedies
If someone is found liable for copyright infringement, federallaw provides for civil remedies that may include substantial monetary payment, injunctive relief and liability for attorney's fee incurred in bringing an action. Criminal penalties may be imposed if someone willfully infringes a copyrighted work, even if no profit is derived from the activity. This type of crime is punishable by up to five years imprisonment, up to $250,000 in fines, or both.
University Policy
What happens to college students who violate copyright law depends on their university or college policy. It depends on whether they have violated the school's policies before; the extent of the damage they have caused by distributing music illegally; and how willing the affected party is to forego a full-fledged law suit. Typically college students are contacted by an official who has the power to issue internal citations, suspend the student from school, or cut off the student's access to the Internet or other campus connections available to that student via computer. The student and/or university (as the Internet service provider) can be named in a civil lawsuit for breaking copyright laws. The student could also face criminal charges.
ACTIVITY IV: DISCUSSION (15 MINUTES)
(Select one or more of the following questions for classroom/group discussion)
Topic I: If you burn a CD that has 10 songs from different CDs that you own, and advertise it for sale on the Internet (or in your dormitory), does that violate the law? Yes. This would violate the reproduction and distribution rights of both the copyright owner in the sound recording and the copyright owner in the musical composition.
What if you give it away for free? Yes. The law is the same whether you sell the music or give it away for free -- it's not yours to give away.
What if you load the files on your computer and make it available to anyone for free? Yes. Loading sound files to your computer would constitute a reproduction, and allowing other users to download the files would violate the copyright owner's distribution right.
Topic 2: If you go to a concertwith a hidden tape recorder, and then make a CD out of the live performance an sell it, are you breaking the law? This would violate the musical composers' rights to control the reproduction and distribution of their works. In addition, this activity potentially violates the federal anti-bootleg statute (18 U.S.C. Sec. 2319A), which criminalizes the unauthorized fixation, transmission or distribution of an artist's live performance for purposes of commercial advantage or private financial gain. Commercial advantage and private financial gain include bartering or trading illicit products.
What if you load the songs from the concert on your computer and make them available for free? This activity would still violate copyright in the musical composition.
Topic 3: If you were in a band, and one of your songs was being distributed all over the world by people you didn't know, would you be flattered? Or would you be thinking about the income you could have had if royalties went to you?
Topic 4: If yourschool has a policy that relates to MP3 sites at your college or university and provides internal citation for people who are caught violating that policy, discuss the policy and its repercussions. Considering the rights of artists and record companies, encourage discussion on the following:
- Is the policy fair and equitable?
- Does the punishment fit the crime?
- How does this policy relate to plagiarism and theft of intellectual property?
ACTIVITY V: CASE STUDIES (15 MINUTES)
(Break the class into two groups, and distribute handouts of the case studies given below. Ask each group to answer the question: What are the ethical aspects involved in the case study? "Ethical aspects" relates to the actions of one person infringing on the rights of another person or entity. A question to ask at the end of the discussion is: What do you think of the punishments in each case?
Case Study I. Jonathan is a student at university in Pennsylvania. He is an enthusiastic fan of alternative rock music, and he has an extensive collection of CDs from innovative but not-too-well-known alternative rock bands. Using his new computer, he made MP3 files of his CD collection, all indexed, and put them on his computer at school. He intended to us the collection only for his own personal use, so that when he was home for the weekend, he could access his music collection from another computer at home. One weekend, he forgot to set his password protection, and some of his friends from school were able to download songs from his computer to theirs. His friends spread the word about Jonathan's cool record collection, and his Web site address was posted on MP3 bulletin boards. Not to disappoint his friends, Jonathan left his MP3 files open for anyone to access. Before long, his Web site was getting 6,000 hits a week. He received a call from the dean and was told that his web site violated copyright laws, and that he must cease and desist immediately. Furthermore, he was told that his campus Internet connection would be cut off for the next two months, and he would have to perform a certain number of hours of community service.
Conclusion: University and college computer-use policies differ from school to school, and in some cases, the results can range from loss of computer privileges to probation to expulsion. In addition, this type of activity could result in criminal prosecution by a federal or state law enforcement agency. This also could mean a major lawsuit against the university, the student, or both.
Case Study 2: The followingcase is summarized from an article in the Wall Street Journal (Friday, January 9, 1998): Last December the radio station in Syracuse, New York, broadcast all 13 tracks of "Yield" -- an album by the popular rock band Pearl Jam -- two months before its official release date. Within a few days, dozens of Web sites had all or some of the cuts from "Yield" (taped from radio broadcast) available for downloading. Many of these site operators were college students using their school servers. Cease-and-desist letters to the colleges usually brought quick results.
Conclusion: Even though the source was a radio station, illegal site operators are still held responsible for breaking the law. If the site operators were made to reimburse the copyright holders for the retail cost of the number of songs that were downloaded, the monetary amount would be significant.
HANDOUT: ADDITIONAL RESOURCES
Books
- Carazos, Edward A. and Morin, Gavino, Cyberspace and the Law. The MIT Press (1994).
- Goldstein, Paul. Copyright Principles, Law and Practice. Little Brown and Company (1989).
- Kohn, Bob, Kohn on Music Licensing. Aspen Law and Business (January 1996).
- Nimmer, David and Nimmer, Melville B., Nimmer on Copyright. Matthew Bender Publications (1997).
Web Sites
- Copyright Basics - http://lcweb.loc.gov/copyright/circs/circ01
- General Information About Copyrights - http://www.patents.com/copryrigh.sht.
- Ten Big Myths About Copyright (by Brad Templeton) - http://www.clari.net/brad/copymyths.html
- U.S. Copyright Office - http://lcweb.loc.gov/copyright
- The Department of Justice, "Justice for Kids & Youth" - http://www.usdoj.gov/kidspage/
- Friends for Active Copyright Education (FACE), the Copyright Society - http://www.csusa.org/face/
Additional Resources on MP3 and MPEG Systems
Some of the information on technical aspects of MP3 and links to Internet sites was provided by Tim Newsome, Carnegie Mellon University. Information on MP3 and MPEG systems can be found at the following sites:
- http://mp3music.simplenet.com/
- http://www.vibrationnation.com/
- http://mp3.com/
- http://mpeg.org/index.html/
- http://macamp.lh.net/main.html/
- http://winamp.com/
* These sites are listed for informational purposes only, and their inclusion is not meant to warrant or otherwise represent that any recorded music reproduced and/or distributed by these sites has or has not been authorized by the relevant copyright owners.
