RIAA wants to rewrite the DMCA: No!

https://upload.wikimedia.org/wikipedia/commons/4/44/Image_removed_DMCA.pngWhen Congress passed the Digital Millenium Copyright Act (DMCA) of 1998, it was an unmitigated hand-out to the recording industry. Now the Recording Industry Association of America (RIAA) wants to revisit the debate to litigate the “tech industry” this time. Ironically, the tech industry was in its infancy at the passage of the DMCA: Google was founded in 1998, Facebook, Twitter, YouTube, Spotify, and SoundCloud were not even imagined at the time.

In a recent tweet, the RIAA announced:

Well it is absolutely time to “fix” the DMCA, if by fix they mean eliminate. When the DMCA passed into law, only copyright stakeholders were included at the copyright negotiating table. Stakeholders, by definition, had to be around in order to be at the table. None of the tech companies they currently attack were around when they negotiated the DMCA in the mid 90s.

https://upload.wikimedia.org/wikipedia/commons/thumb/f/f0/DRM_Is_Killing_Music.svg/190px-DRM_Is_Killing_Music.svg.pngThe DMCA gives record companies the ability to include Digital Rights Management (DRM) in digital music files. DRM are files that track where a file has been.While the DMCA does not mandate DRM, it does make it illegal to circumvent DRM. And DRM does all kinds of messed up things to users’ privacy: from knowing where a file circulates to acquiring information about the users.

Furthermore, the idea that the RIAA has the interest of “music creators” is entirely disingenuous. Record labels exploit musicians. When an artist signs a record contract, they receive an advance on future revenue. They have to pay back the advance from their portion of the royalties. Record labels begin to profit long before artists see any money, and most signed artists see no money.

The RIAA is a lobbying group that works for major record labels. By characterizing themselves as representatives of music creators, they do more than just rhetorical harm. The problem is that the public, and Congress, wants to believe that the RIAA has their favorite artists interests in mind. However, as I’ve argued, this gives them the leverage to strengthen their position in the music economy, and further exploit those same artists.

In the early 2000s, teenagers downloading music were the RIAA’s bad guys. Today they want you to believe that the “tech industry” companies are the bad guys. This is what I call the “Piracy Panic Narrative.” We can’t be fooled into allowing Congress to make wholesale changes to copyright law again to advance the interests of a corporate oligopoly.

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Grammy Alliance: Another Round of Piracy Panic Narrative

video blockedAfter 3 hours of music and a much needed public service announcement on domestic violence, the Recording Academy decided to end the show with a selfish lobbying effort to create tougher copyright laws. By starting the Creators’ Alliance (dubbed #GrammyAlliance for Twitter), the Recording Academy placed itself strongly on the side of major record labels against the recording artists who constitute the bulk of the Recording Academy members. Continue reading

iTake-Over Press Release

Book decries methods of the recording industry in the digital age – News Center – UT Arlington.

A new book by a UT Arlington assistant professor reveals how large corporations exploited new technologies to maintain their stranglehold on the music industry.

David Arditi, an assistant professor in Interdisciplinary Studies, wrote “iTake-Over: The Recording Industry in the Digital Era,” published by R&L Publishers.  It will hit shelves Dec. 5.

End of the Recording Industry

There is a lot at stake with the development of digital music and the ability to download it over the internet. One of the biggest confusions occurs when the Recording Industry Association of America discusses file-sharing as something that will end recorded music as we know it. If you listen to the RIAA, you are liable to believe that there will no longer be recorded music if file-sharers keep “pirating” music, but this is not close to the truth. Yes, major record labels could lose their dominance in the market place, but does that mean that music is dead? The RIAA has been claiming that the disintermediation provided by the internet will lead to the decline and ultimately the failure of the recording industry. The decline of the recording industry, however, is not the end of music. While the recording industry cannot exist without music, music can exist without the recording industry (even the music industry can exist without the recording industry). Continue reading

RIAA lands a lawsuit win

The Recording Industry Association of America (RIAA) has been filing lawsuits against “pirates” (aka music file-sharers) since 2003, but few people have tried to fight them. They sue users for an absurd amount of money for each song that they upload and these people usually have uploaded songs in the 1000s. In fact no case has gone to trial . . . until now. A jury “found Jammie Thomas-Rasset guilty of willfully violating copyright law” – cost: $1.92 million! You read that right, $1,920,000 or $80,000 per song and they convicted her of sharing 24 songs. Continue reading