scholarly journals Online Music Piracy: Are Lawsuits The Best Approach?

2011 ◽  
Vol 2 (9) ◽  
Author(s):  
Claire R. La Roche ◽  
Mary A. Flanigan ◽  
Melanie B. Marks
Keyword(s):  
Undergraduate Students ◽  
Music Industry ◽  
Case Law ◽  
The United States ◽  
Copyright Law ◽  
Economic Consequences ◽  
Music Piracy ◽  
Online Music ◽  
Worldwide Phenomenon ◽  
Illegal Downloading

<p class="MsoBodyText" style="text-align: justify; line-height: normal; margin: 0in 0.5in 0pt;"><span style="color: black; font-size: 10pt; mso-bidi-font-style: italic;"><span style="font-family: Times New Roman;">In the age of digital technology, perfect copies of sound recordings may be easily made and shared in violation of copyright law.<span style="mso-spacerun: yes;">&nbsp; </span>Music piracy in the form of illegal downloading is a worldwide phenomenon that has a significant impact on the music industry.<span style="mso-spacerun: yes;">&nbsp;&nbsp; </span>In response to the perceived threat to the music industry, lawsuits have been filed in the United States and abroad based on copyright infringement for illegally downloading music. This paper examines copyright law, case law, and recent litigation.<span style="mso-spacerun: yes;">&nbsp; </span>In the wake of legal efforts to curtail illegal downloading, a survey of 112 undergraduate students was conducted in an effort to determine whether the lawsuits filed by the music industry are a deterrent to downloading music.<span style="mso-spacerun: yes;">&nbsp; </span>Potential solutions are proposed and economic consequences discussed.</span></span></p>

A global consumer decision model of intellectual property theft

2019 ◽  
Vol 13 (4) ◽  
pp. 509-528
Author(s):  
James Reardon ◽  
Denny McCorkle ◽  
Anita Radon ◽  
Desalegn Abraha
Keyword(s):  
Intellectual Property ◽  
Music Industry ◽  
Uncertainty Avoidance ◽  
Digital Piracy ◽  
Music Piracy ◽  
Ethical Perceptions ◽  
Content Type ◽  
Theory Of Crime ◽  
Intellectual Property Theft ◽  
Illegal Downloading

Purpose Intellectual property theft amounts to billions of dollars per year worldwide. The first step in stemming this loss is to understand the underlying precursors of this behavior. This paper aims to propose and test a model of consumer choice to purchase or pirate intellectual property, specifically music. This paper combines and applies the theory of reasoned action (TRA) and Becker’s theory of crime to develop a more comprehensive model of digital piracy behavior. Culture was tested as an antecedent to the attitudes and the perceptions of risk associated with music piracy. Design/methodology/approach A survey of 4,618 participants was conducted across 23 countries. Construct measures were validated using confirmatory factor analysis in LISREL. A conceptual model was tested using logistic structural equation modeling in MPlus. Respondents were asked about the last music they acquired to test a behavioral model of music piracy. Findings The results indicated that culture, specifically rule orientation and uncertainty avoidance, had a significant impact on attitudes toward the music industry, ethical perceptions of music piracy and risk perceptions. Respondents’ ethical perceptions of downloading had the highest impact on music piracy behavior. The personal/copy risk associated with the illegal downloading of music had a significant impact while the relative channel risk did not. The market value, quality and selection also had a significant impact on downloading behavior, as did the respondent's ability to find and download music. Research limitations/implications While this paper was limited by focusing on the illegal downloading of music, the results can provide guidance in the design of future research concerning the piracy and unlicensed downloading of other types of intellectual properties such as movies/videos, TV, paywall content and e-books. Practical implications In recent years, improved access to music and video through online streaming and online stores has significantly decreased music piracy. This research indicated that further inroads into this behavior could be made through better online purchase access and through consumer education about the ethics and results of digital downloading. Further, efforts are more efficient by targeting cultures with lower levels of rule orientation with ethics education and targeted risk messages in countries with higher uncertainty avoidance. Social implications Yearly losses to the music industry amount to about $5-29bn. Many find music and video downloading and “sharing” as acceptable. The model developed in this research has implications to affect this mass loss of revenue to the music industry and perhaps the societal view of downloading behavior that is illegal but commonly accepted. Originality/value This model is the first to integrate cultural aspects into models of digital piracy. In addition, the model is developed from a strong theoretical base (TRA and Becker’s theory of crime) to integrate multiple antecedents to intellectual property theft research.

What Notice Did

2017 ◽  
Author(s):  
Jessica Litman
Keyword(s):  
United States ◽  
Case Law ◽  
The United States ◽  
Copyright Law ◽  
Copyright Notice ◽  
Copyright Ownership ◽  
Legal Sense

In this article, I explore the effect of the copyright notice prerequisite on the law's treatment of copyright ownership. The notice prerequisite, as construed by the courts, encouraged the development of legal doctrines that herded the ownership of copyrights into the hands of publishers and other intermediaries, notwithstanding statutory provisions that seem to have been designed at least in part to enable authors to keep their copyrights. Because copyright law required notice, other doctrinal developments were shaped by and distorted by that requirement. The promiscuous alienability of U.S. copyrights may itself have been an accidental development deriving from courts' constructions of the copyright notice provision. In 1989, the United States abandoned its reliance on copyright notice. We did not, though, think about ways to retrofit our law to replace the supports that notice provided for its underlying assumptions. The distortions that notice permitted – indeed encouraged – continue to shape case law adjudicating ownership of US copyrights, despite the fact that they no longer make practical or legal sense.

scholarly journals The evolution and consequences of digital rights management in relation to online music streaming

Legal Studies ◽  
2021 ◽  
pp. 1-20
Author(s):  
Nick Scharf
Keyword(s):  
Digital Rights Management ◽  
Case Law ◽  
Copyright Law ◽  
Secondary Markets ◽  
Record Industry ◽  
Digital Rights ◽  
Rights Management ◽  
Online Music ◽  
Streaming Services ◽  
Music Streaming

Abstract Streaming services now provide the dominant way in which music is distributed and consumed online. Digital rights management (DRM) lies at the heart of this trend and has evolved alongside a movement from copy-based to streaming-based consumption. This shift poses a number of new and unique issues. Music streaming services have changed the nature of the product offered, with musical content becoming de-bundled and reduced to a series of permissions covered by DRM and associated licences, leaving users trapped in a permission-based system. This may create tension with copyright law principles regarding personal ownership and exhaustion of rights in relation to secondary markets, but through analysing relevant US and European case law it can be demonstrated that there is little, if any, legal opportunity for digital secondary markets to emerge. There are also further specific consequences which may affect artists relating to musical diversity and the composition of popular music and, also, consequences regarding the changing nature of the Internet itself. In this context copyright remains centrally important, but only in establishing the initial proprietary rights that enable subsequent DRM and licence-based online exploitation, indicative of a re-establishment of record industry power that is now allied to streaming platforms.

scholarly journals Indirect Liability for Copyright Infringement: Napster and Beyond

2003 ◽  
Vol 17 (2) ◽  
pp. 113-124 ◽  
Author(s):  
William Landes ◽  
Douglas Lichtman
Keyword(s):  
Internet Access ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Personal Computers ◽  
Music Piracy ◽  
Legal Question ◽  
Online Music

When individuals infringe copyright, they often use tools, services, and venues provided by other parties. An enduring legal question asks to what extent those other parties should be held liable for the resulting infringement. For example, should a firm that produces photocopiers be required to compensate authors for any unauthorized copies made on that firm's machines? What about firms that manufacture personal computers or offer Internet access; should they be held liable, at least in part, for online music piracy? In this essay, we examine how modern copyright law addresses these questions and we evaluate the resulting system on economic grounds.

scholarly journals Restatement of the Law, Copyright: A Useful Resource for Practitioners and Courts or a Rashomon Exercise?

2021 ◽  
Vol 44 (3) ◽  
Author(s):  
Eric J. Schwartz
Keyword(s):  
Primary Source ◽  
Case Law ◽  
The United States ◽  
Copyright Law ◽  
Point Of View ◽  
Legislative History ◽  
The Face ◽  
American Law ◽  
The Law ◽  
Federal Statute

As the Ninth Circuit succinctly observed, when deciphering copyright law, “[w]e begin, as always, with the text of the statute.”  An examination of any aspect of copyright law commences with the text of Title 17 of the United States Code (the “statute”), and then turns to case law for adjudications and interpretations of the relevant statutory text, or as the primary source of law in the gaps in the statute.  Everything else is secondary and not, of course, a substitute for the law, whether it is legislative history, Copyright Office (and other government agency) studies, treatises, or other commentary. If copyright law consists predominantly of federal statute, how, if at all, will the American Law Institute (“ALI”) project to prepare a Restatement of the Law of Copyright (the “Restatement”) provide a useful or necessary resource for attorneys and the courts?  In the face of the primacy of the enacted statutory text, why undertake a project to recast and rephrase the law?  What, if any, use might it yield to practitioners and courts, and equally importantly, will consequential harms result? From the inception of the Restatement project, the creative community has collectively viewed the project with skepticism about its necessity and fears about its purpose and biases, and the resultant impact on the livelihoods of creators.  This Response focuses on the practical uses, if any, of the Restatement for attorneys and courts grappling with copyright issues.  The Response also examines, from a practitioner’s point of view, the Restatement’s potential to harm the ecosystem of the copyright creative community, and the likelihood that the harm will outweigh any value the Restatement might bring to clarifying the law.

scholarly journals Architectural copyright: recent developments

2000 ◽  
Vol 4 (2) ◽  
pp. 177-184
Author(s):  
Robert Greenstreet ◽  
Russell Klingaman
Keyword(s):  
Legal Protection ◽  
Case Law ◽  
The United States ◽  
Copyright Law ◽  
Unintended Consequences ◽  
United States Constitution ◽  
Residential Design ◽  
Recent Developments ◽  
Individual Design ◽  
Design Freedom

This article traces the development of American copyright law as it applies to architectural works from its earliest foundations in the United States Constitution until the enactment of the Architectural Works Copyright Protection Act in 1990. By focusing on the outcomes of the latest legislation through recent case law affecting residential design, the authors evaluate the effectiveness of the protection and illustrate some unintended consequences. In addition, they discuss architectural originality and its relationship to legal protection in the context of individual design freedom.

Does a Graduate Course in Fluency Disorders Make a Difference?

2010 ◽  
Vol 20 (1) ◽  
pp. 10-14 ◽  
Author(s):  
Evelyn R. Klein ◽  
Barbara J. Amster
Keyword(s):  
Undergraduate Students ◽  
Graduate Programs ◽  
The United States ◽  
Cross Sectional Study ◽  
Sectional Study ◽  
Graduate Course ◽  
Cross Sectional ◽  
Fluency Disorders ◽  
Introductory Course ◽  
Communicative Disorders

Abstract A study by Yaruss and Quesal (2002), based on responses from 134 of 239 ASHA accredited graduate programs, indicated that approximately 25% of graduate programs in the United States allow students to earn their degree without having coursework in fluency disorders and 66% of programs allow students to graduate without clinical experience treating people who stutter (PWS). It is not surprising that many clinicians report discomfort in treating PWS. This cross-sectional study compares differences in beliefs about the cause of stuttering between freshman undergraduate students enrolled in an introductory course in communicative disorders and graduate students enrolled and in the final weeks of a graduate course in fluency disorders.

Bilingual and Monolingual Students' Perceptions of the CSD Major: A Qualitative Study

2015 ◽  
Vol 18 (1) ◽  
pp. 16-31 ◽  
Author(s):  
Flora Keshishian ◽  
Rebecca Wiseheart
Keyword(s):  
Qualitative Study ◽  
Undergraduate Students ◽  
Critical Role ◽  
School Setting ◽  
The United States ◽  
Bilingual Students ◽  
Speech Language Pathology ◽  
Diverse Environment ◽  
Language Pathology ◽  
Areas Of Interest

There is a growing demand for bilingual services in speech-language pathology and audiology. To meet this growing demand, and given their critical role in the recruitment of more bilingual professionals, higher education institutions need to know more about bilingual students' impression of Communication Sciences and Disorders (CSD) as a major. The purpose of this qualitative study was to investigate bilingual and monolingual undergraduate students' perceptions of the CSD major. One hundred and twenty-two students from a large university located in a highly multicultural metropolitan area responded to four open-ended questions aimed at discovering students' major areas of interest (and disinterest) as well as their motivations for pursuing a degree in CSD. Consistent with similar reports conducted outside the United States, students from this culturally diverse environment indicated choosing the major for altruistic reasons. A large percentage of participants were motivated by a desire to work with children, but not in a school setting. Although 42% of the participants were bilingual, few indicated an interest in taking an additional course in bilingual studies. Implications of these findings as well as practical suggestions for the recruitment of bilingual students are discussed.

The Role of Gender and Sensation Seeking in Film Choice

2008 ◽  
Vol 20 (3) ◽  
pp. 97-105 ◽  
Author(s):  
Smita C. Banerjee ◽  
Kathryn Greene ◽  
Marina Krcmar ◽  
Zhanna Bagdasarov ◽  
Dovile Ruginyte
Keyword(s):  
United States ◽  
Undergraduate Students ◽  
Sensation Seeking ◽  
Negative Mood ◽  
Positive Mood ◽  
The United States ◽  
High Arousal ◽  
Subject Design ◽  
Happy Mood

This study demonstrates the significance of individual difference factors, particularly gender and sensation seeking, in predicting media choice (examined through hypothetical descriptions of films that participants anticipated they would view). This study used a 2 (Positive mood/negative mood) × 2 (High arousal/low arousal) within-subject design with 544 undergraduate students recruited from a large northeastern university in the United States. Results showed that happy films and high arousal films were preferred over sad films and low-arousal films, respectively. In terms of gender differences, female viewers reported a greater preference than male viewers for happy-mood films. Also, male viewers reported a greater preference for high-arousal films compared to female viewers, and female viewers reported a greater preference for low-arousal films compared to male viewers. Finally, high sensation seekers reported a preference for high-arousal films. Implications for research design and importance of exploring media characteristics are discussed.

Thinking About Scots Law

1996 ◽  
Vol 1 (1) ◽  
pp. 3-24 ◽  
Author(s):  
Alan Rodger
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
British Empire ◽  
United States Of America ◽  
Case Law ◽  
The United States ◽  
Memorial Lecture ◽  
University Of Edinburgh ◽  
The University

This article is the revised text of the first W A Wilson Memorial Lecture, given in the Playfair Library, Old College, in the University of Edinburgh, on 17 May 1995. It considers various visions of Scots law as a whole, arguing that it is now a system based as much upon case law and precedent as upon principle, and that its departure from the Civilian tradition in the nineteenth century was part of a general European trend. An additional factor shaping the attitudes of Scots lawyers from the later nineteenth century on was a tendency to see themselves as part of a larger Englishspeaking family of lawyers within the British Empire and the United States of America.

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