THE MUSIC INDUSTRY AND COPYRIGHT - THE FUTURE
It is important to appreciate that the nexus of technology
and
copyright law is not new and that new technologies have often engendered
new copyrights.
Historically, for example, there was no need for
performances to be protected as there was no means via which a
performance could be recorded. Exploitation was solely via the rendering
of a performance before a limited audience, which had paid for admittance
to the performance.
Technological developments have changed this
equation, with sound recordings, films and television allowing large scale,
repeatable exploitation of a single performance.
Up to the end of the 19th century, copyright law was perceived as
providing a generally adequate legal weapon with which to fight piracy in
a world dominated by the print medium because it was generally possible
to locate printing presses. The technology of copying (reprography) has,
however, improved dramatically in the 20th century; becoming easier to
use, cheaper, more compact and more widespread. As this has progressed,
copyright owners have found it increasingly difficult to exercise control
over the replication of their works and to obtain compensation for
unauthorised replication.
The development of new technologies further aggravates this
situation. It is not possible for a work of this size to examine all of the
relevant issues, so the issues relating to one aspect of new technology
digital music delivery via the Internet, has been selected. The purpose of
this Chapter is to assess the impact that this technology is having on the
music industry and its exploitation of copyright, and, to briefly consider
whether the copyright regimes of the UK and US are adequately prepared
for this technology.
The Impact of Digital Music Delivery Via the Internet on the Music
Industry
There is sufficient agreement that the Internet poses a challenge to
the music industry. The Internet may be defmed as a global information
system, with information being accessible via decentralised global
computer network. Internet transmissions consist of the continual copying
of documents from one computer to another via uploading, net-surfing, ftp
and other downloading. The Internet, together with the development of
digital technology, is changing the concept of the music industry''s
product, as the sale of music is no longer limited to a physical carrier. The
Internet, it is anticipated, will substantially evolve the process of music
delivery.
The key technologies in this regard are that ofCD-R and MP3. A CD-R
(compact disc-recordable) is a blank disc that can be loaded with sound
recordings by technology available for use on a personal computer. This is
usually achieved via MP3. MP3 MPEG Audio Layer-3, or MP3, is the
compression technology commonly used to make digital audio computer
files relatively small while maintaining high audio quality. It is the ideal
fonnat for uploading and downloading on the Internet.
RIAA predicts that technologies, soon to become widely available, will
further popularise digital music delivery via the Internet even easier. For
example, Digital versatile disc (DVD) audio is a high-density disc with
about seven times the capacity of a CD. The extra capacity in the disc is
expected to be used to achieve a high-quality, multi-channel surround
sound that is significantly better than current CDs, and may also be used to
include. features such as text, graphics, video and inter-activity. DVD
audio discs will require new players, but most, if not all, new DVD players
will also play consumers'' existing CD collections. Another important
technological development is that of the enhanced CD. This is a new
product category, enhanced CDs are compatible with both audio CD
players and properly configured computer multimedia ROMs, and can
ide video clips, still pictures, interviews, discographies, lyrics and
other infonnation, in addition to the recorded music.
The key issue as to the impact of digital music delivery via the Internet
seem to rest, in my view, with the international nature of the Internet, and,
the particular characteristics of digital technology. With respect to the
latter, there appear to be a number of distinctive characteristics of the
digital revolution, which may cause disruption and adjustment in existing
copyrightdoctrines....