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A Historical Perspective of Music Distribution and Copyright Law, How Internet Radio is the Next Frontier

A Historical Perspective of Music Distribution and Copyright Law, How Internet Radio is the Next Frontier

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Published by Adam Deutsch
As the title suggests, the paper provides a detailed history of music distribution methods from the player piano to the mp3 player. See how the business changed and benefited each time technology changed. Discover how something drastically uncharacteristic occurred when Congress created new digital copyright laws. Finally, see how internet radio has effected music labels, artists, and consumers. Can internet radio survive the laws, fees, music labels, congress and others? Predictions conclude the paper.
Note: This document was a National Finalist in the ASCAP Nathan Burkan Memorial Copyright Law Writing Competition.
As the title suggests, the paper provides a detailed history of music distribution methods from the player piano to the mp3 player. See how the business changed and benefited each time technology changed. Discover how something drastically uncharacteristic occurred when Congress created new digital copyright laws. Finally, see how internet radio has effected music labels, artists, and consumers. Can internet radio survive the laws, fees, music labels, congress and others? Predictions conclude the paper.
Note: This document was a National Finalist in the ASCAP Nathan Burkan Memorial Copyright Law Writing Competition.

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Published by: Adam Deutsch on Sep 20, 2010
Copyright:Attribution Non-commercial

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11/22/2012

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1 |Page 
o
A HistoricalPerspective of MusicDistribution andCopyright Law:
How Internet Radio is the Next Frontier
Adam Deutsch6/14/2010
 
2 |Page 
TABLE OF CONTENTS
I.
 
Introduction 3II.
 
Overview of Copyrights in Sound Recordings 5a.
 
Performing Rights
Organizations; the PRO’s
10b.
 
Record Companies 13III.
 
Introduction to Internet Radio and Digital Copyright Law 16a.
 
Internet Radio and the Technology that Drives it 16b.
 
Digital Copyright Law 22i.
 
The Digital Performance Right in SoundRecordings Act of 1995 and the DigitalMillennium Copyright Act of 1998 23ii.
 
Subsequent Changes and Current RoyaltyRates 30IV.
 
The Current Business Outlook for Webcasters 35V.
 
Conclusion 45a.
 
Shape Royalty Rates to Better Fulfill the Goals of the DPRSRA 46b.
 
Acknowledge the Fiction of a Willing Buyer WillingSeller Standard 47c.
 
Address Payola as a Past and Future Concern 48d.
 
The Major Labels 50e.
 
A Final Word 51
 
3 |Page 
I. Introduction
United States Copyright law as it relates to music is complex and confusing, becauseembodies influences that date back as far as Ancient Greece.
1
The Copyright Code providesowners of musical compositions and sound recordings with a sophisticated web of rights that canbe lucrative when utilized effectively. This bundle of rights that accompanies original works of music has evolved over time in reaction to new technologies of media distribution andpublication. Technological advances ranging from the printing press to the player piano, to thecompact-disk have changed the ways in which music is disseminated and consumed. Since1790, the United States Congress has used positive law to reward copyright owners byexpanding the exclusive rights vested in copyrights in ways that have increased the bargainingpower of copyright owners each time new technologies affecting distribution of intellectualproperty are developed. The trend of expanding copyright law has intensified in recent years.Between 1975 and 2000, the Copyright code grew at an annual rate of 6.9%, ballooning from22,310 words to an astounding 124,320 words.
2
 Internet radio is emerging as the most recent mechanism to change the way in whichmusic is consumed and distributed. Since 1995, Congress has enacted a new body of laws in anattempt to shape and guide the influence of internet radio. A problem however, is that legislationwas enacted prematurely causing a conflict among policy goals sought to be achieved by thelegislatures. Consumers and entrepreneurs have demonstrated a great demand for internetservices including the growth of internet radio.
1
Michael W. Carrol
Whose Music is it anyway?: How we came to view musical expression as a form of property
,72 U. Cin. L. Rev. 1405, 1420 (2004).
2
William M. Landes and Richard A. Posner, T
HE
P
OLITICAL
E
CONOMY
 
OF
I
NTELLECTUAL
P
ROPERTY
L
AW
2 ( TheAEI Press 2004).

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Greetings Adam, it is correct is that the value now is in the ideas, information and cross-fertilization of them. That puts the value of the underlying networks (like here) for ideas and information as All Important to The Age of Information. Those that resist this change to inter-connectivity and fluid alliances, from a market to a network, are doomed.
Gatekeepers do particularly dislike it when those they perceive as not accepted peer professionals tackle the business at hand, whether it be creating art, contributing data, debating methods, practicing politics, blogging, or questioning gatekeepers. Yet, history & the present both repeatedly prove how little the public that consumes the business at hand is encumbered by establishment and
Greetings, although Gatekeeper record companies wrote "Not licensed for radio broadcast," on their albums, the radio broadcasters ignored it. Some record companies sued. In 1940, a U.S. Supreme Court ruling went against Gatekeepers Paul Whiteman & RCA Victor. The record companies then switched to influencing DJs, program directors & music librarians with bribery ranging from cash to airline tics.
Scribd added this note
In a Songza and Spotify world, the internet is radio's next frontier. Scribd author, Adam Deutsch provides an in-depth examination into the history of music distribution and copyright law.
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