Filesharing Legal or Not? Columbia. Michigan State. Rochester Institute of Technology. Princeton. Harvard.
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1 Filesharing Legal or Not? Columbia. Michigan State. Rochester Institute of Technology. Princeton. Harvard. Besides being amongst the top universities in the nation, each of these colleges has one thing in common: students at these colleges, in addition to other schools, have been sued by the Recording Industry Association of America (RIAA) for music copyright infringements (Fleming). Thousands of students across the nation are using new technology that allows users to easily access music files. Being in the dawn of the 21 st century, such technology is rapidly growing and expanding everyday. Along with such advancements comes the need for new laws ones that extend or modify previous laws to regulate such technology. Certainly, traditional regulations such as copyright laws are outmoded by the arrival of each new technological breakthrough: faster computers, perfect scanners, speedy recorders, and quality printers; all of which can copy material with remarkable perfection in a matter of seconds. Lately, one large debate over the issue of outdated copyright laws has been about music file-sharing communities such as Napster or Kazaa, networks that allow any user to quickly and easily connect to millions of other users to download various mp3s or songs. Initially free-to-use, these file-sharing servers have been shut down by recent laws and court cases and replaced by commercial networks, such as Apple s itunes, that charge a fixed fee, usually ninety-nine cents, for each downloaded song. However, did copyright laws justify the ban of such online music piracy? Certainly, digital file sharing does not violate the fair use doctrine of copyright laws and thus should be allowed to continue in a commercial-free manner. Admittingly, music downloading inherently holds the potential of harming widely popular and acclaimed artists, such as the heavy metal band Metallica, one of the file sharing communities most active critics. However, file sharing also contains the potential of aiding the
2 careers of a vast number of smaller artists, ones such as Public Enemy, a rap group that used the Internet to establish itself. Chuck D., a co-founder of the band, believes that People will want to hear something before they buy it. If I got turned on by an artist after I heard something for free, I would go out and buy it (Jost 786). Apparently, file sharing communities allow people to test out new songs, to see if they enjoy the music, then they can go out and buy the group s CD. Consequently, Internet downloading allows new artists and bands to gain wide recognition and to broadcast their music to a wide audience, whereas if they had released a CD, few people would spend the ten to fifteen dollars to buy a CD from an unknown band. In addition, file sharing allows users to access a wide variety of songs, including hard to find oldies, considering that online music networks hold a number of recordings that can rival any institutional collection in the world (Jost 771). In addition, users on file sharing networks can access only the songs that are wanted, instead of wasting time and money on CDs that only have a few songs that appeal to the consumer. Clearly, file sharing holds distinct advantages over the commercial sale of CDs. Despite such advantages, file sharing remains illegal as commercial networks such as itunes continue to replace older networks like Napster. Granted, such commercial networks offer a superb solution to the fierce issue of file sharing. However, despite the corporate influence on music downloading servers, free to use networks should not be illegal. Indeed, the major issue over the legality of file sharing exists within context to copyright laws, specifically the fair use legal doctrine from a Copyright Act revision from Fair use allows a defense to a use or copying of a copyrighted work that otherwise would amount to a copyright infringement (Jost 773). To use the fair use defense, four factors surrounding the copyright must be considered: the purpose, commercial against educational; the nature of the work; the portion copyrighted in relation to work as a whole; and the overall effect upon potential market or value,
3 which proves to be the key factor within current court cases (Jost 773). For example, in the court case Williams & Wilkins v. The United States (1973), the U.S. Court of Claims maintained the National Library of Medicine s routine of photocopying articles from journals based on the fact that the publisher could not prove a reduction in sales (Jost 773). In addition, in Sony Corporation of America v. Universal City Studios, Inc., the Supreme Court ruled that home video recording of movies on television was legal because movie studios could not prove a reduction in movie attendance (Jost 773). Accordingly, the fair use doctrine should apply to the file sharing debate in the same manner that it applied to other copyright rulings. Unmistakably, online file sharing networks right to exist should be upheld on the provision that they do not interfere with the market of the music industry. Ultimately, the general legality of online file sharing relies upon the overall effect upon the market, the fiercest issue between the record industry and the file sharing community. The record industry claims that the downloading of songs amounts to piracy and displaces album purchases, whereas file sharing supporters insist that it whets the appetite of Napster s music community to buy more, not fewer CDs (Jost 781). To examine the overall influence on the industry, Peter Fader, a professional in marketing, surveyed 1,600 Napster users. The overall conclusions: just eight percent of the users reported a decreased purchase of CDs compared to twenty eight percent who increased their CD purchases (Jost 781). Shockingly, Fader s findings hold extraordinary potential. By not reducing CD sales, and instead actually increasing them, music file sharing does not have a substantial negative effect upon the music industry s market, and thus should not be deemed illegal. Indeed, at the height of Napster s popularity, album sales for the first half of the year 2000 were six percent greater than the same period in 1999 (Jost 781). Another study, done in late 2002, by researchers Felix Oberholzer-Gee of Harvard
4 Business School and Koleman Strumpf of University of North Carolina-Chapel Hill has found that the economic effect is also small. Even in the most pessimistic specification, five thousand downloads are needed to displace a single album sale (Reuters). Indeed, the recording industry does not appear to be affected negatively in any manner. In fact, the five biggest music companies and three of America s biggest retailers have been accused of price-fixing, overcharging consumers who buy CDs by over $480 million since 1997 (Lieberman). Clearly, the music industry has not been wronged by file sharing communities such as Napster; instead, the music industry has actually been doing wrong to the consumers. With no clear negative impact upon the value or market of the recording industry, the fair use doctrine should uphold the legality of online file sharing. Clearly, online file sharing doesn t infringe upon any copyright laws, specifically the fair use doctrine, and thus should be allowed to continue in an unregulated state. Most certainly, the ban on such piracy was unjustified by the courts and by the recording industry. Networks such as Napster should be allowed to run once again without commercial influence from such companies as Apple s itunes. Such a precedent from the file sharing debate holds the potential to spark and initiate a new wave of technological breakthroughs, each providing people with tremendous capabilities. However, if the file sharing debate goes unresolved, such fierce debate and argument will continue along with the new technology, forever clouding its future significance. The debate must be resolved in order for technology to continue growing and expanding without corporate pestering. There is no telling what inventions or ideas the future might hold, but assuredly, there will be newer, faster, and more efficient methods of copying and sharing information. Only with the resolution of the current copyright debate will such
5 technology be put to its optimal capability, creating huge strides in the field of communication and media. Works Cited Fleming, Adam. Students sued by RIAA. The Pitt News. 14 Apr Apr < Jost, Kenneth. Copyright and the Internet: The Issues. CQ Researcher 10 (2000): Lieberman, David. States settle CD price-fixing case. USA Today 30 Sep Apr < Reuters. Maybe the Music s Just Lousy? Wired News. 30 Mar Apr <
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