Transcript PowerPoint Presentation - To Burn Or Not To Burn: It’s

To Burn Or Not To Burn?
It’s More Than An Ethical
Question
Presented by
Dr. James Frankel
To download this presentation
please visit my website:
www.jamesfrankel.com
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Are we raising a
generation of criminals?
Session Overview
• Introduction
• A Brief History of P2P File Sharing
• Legal Ramifications
– What’s legal, and what isn’t?
• Ethical Considerations
– A look at BOTH sides of the issue
• Educational Concerns
– Our charge as educators.
– Fair Use
• Resources
What are we talking about?
and hundreds more!
Peer-To-Peer File Sharing Services
allow users to download and upload
various file formats over the Internet.
Most Peer-To-Peer File Sharing
Services are legal entities, but users
utilize the service illegally.
Most users download music and then
burn those songs onto a blank CD.
Many rip tracks from CD’s which
they have bought and share them
with everyone.
KaZaA
LimeWire
Ratings
Win MX
The Tools
of the
Trade
A Brief History of
P2P File Sharing
• Made popular in mid-1999 by an 18-year old
Northeastern University dropout named
Shawn Fanning who created Napster.
• It is estimated that there are over 70 million
users subscribed to P2P File Sharing
Services today.
• According to research, over 25% of users are
children between the ages of 12 and 18.
52% are between the ages of 18 and 29.
(Pew Internet Project)
• In addition to music, many other file types are
available to users including:
–
–
–
–
Software
Visual images
Full-length Feature Films
Viruses
• In April 2000, the Recording Industry
Association of America (RIAA) sued Napster
to shut down it’s service. Napster loses it’s
case and shuts down in 2001.
• In 2002, the RIAA sued Verizon to obtain
customer information linked with IP
addresses (the unique ID# for each Internet
subscriber).
• In 2003, Verizon was forced to turn over it’s
customer information to the RIAA - lawsuits
quickly followed.
• In April of 2003, Apple launched iTunes - a
legal song-downloading website. In 6 months
users had downloaded 6.5 million songs at 99
cents each. Today, over 1 billion songs have
been downloaded on iTunes.
• In May of 2003, Napster relaunches as a
legal website.
• On September 9, 2003 the RIAA sued a 12year-old New York girl named Brianna
LeHara. They settle out of court for $2,000.
• Since April of 2004, the RIAA has filed 14,800
lawsuits (averaging nearly 750 a month) against
individual users and universities for copyright
infringement through downloading music illegally.
There are another 17,500 people named in lawsuits
yet to be filed.
• In recent legal action both the Dutch Supreme Court
and the US Ninth District Court of Appeals have ruled
that P2P File Sharing Services such as KaZaa,
Grokster, and StreamCast are not responsible for
what their users do with their service. The RIAA and
the MPAA have filed a brief with the US Supreme
Court asking for the decision to be overturned.
• Recent research has shown that illegal downloading
has dropped dramatically since the RIAA began
litigation against individual users.
• Last week the RIAA began sending letters to
universities across the United States requesting
student identities behind their IP addresses.
• These letters threaten lawsuits if the names are not
turned over.
• Students caught in this latest campaign are given a
choice of settling their case online, or facing a
lawsuit.
• www.P2PLawsuits.com
• Letters to individuals will begin within the year.
Legal Ramifications
What’s legal and what
isn’t?
US Copyright Act of 1976
• Copyright literally means the right to copy. Congress
passed the Act to protect the authors both creatively
and financially.
• Musically this means:
– The copyright in the musical composition, i.e. the actual
lyrics and notes on paper. This is usually owned by the
songwriter or music publisher.
– The copyright in the sound recording, i.e. the recording of
the performer singing or playing a given song. This is usually
owned by the record company.
• Titles 17 and 18 of the U.S. Code protect copyright
owners from the unauthorized reproduction,
adaptation or distribution of sound recordings, as well
as certain digital performances to the public.
Source: Althouse, 1997
What’s Legal?
• It is legal to copy songs from an existing CD that you
have purchased for your own use (compilation).
• It is considered fair use to then use that CD in the
classroom for evaluation, rehearsal, exercises, or
examinations.
• It is legal to download MIDI files of music that is in the
public domain (unless the specific arrangement is
copyrighted) and burn them on to a CD.
• It is legal to download music when the copyright
owner gives permission or when you utilize a legal
music downloading website.
What’s Illegal?
• Pretty much everything else.
• It is illegal to download copyright protected
songs from the Internet without paying for
them.
• It is illegal to upload songs onto a P2P File
Sharing Service.
• It is illegal to burn those songs on to a CD,
even for personal use.
• It is illegal to burn a compilation CD for
another person, even if you paid for the CD’s
that you use to make the compilation.
• Under current US Copyright Law it is technically illegal
to record your performance ensemble without
permission from the publisher even if only for archival
purposes. Fair Use allows for one archival copy in
educational settings only.
• It is illegal to burn and sell CD’s or videos of a
performance without written permission from each
publisher (www.harryfox.com) as well as the payment of
a Mechanical Licensing Fee - 9.1 cents per recorded
work (or 1.75 cents per minute - whichever is greater) in
royalties for each CD sold - even if you are making less
than 500 copies.
• Many P2P Websites now have legal disclaimers with
the intention of freeing them from any responsibility for
the activities that take place on its service.
Consequences
• Criminal penalties for first-time offenders can
be as high as five years in prison and
$250,000 in fines. Most lawsuits are settled
for between $4,000 and $5,000.
• Civil lawsuits can also be pursued with a
minimum penalty of $750 per downloaded
song up to $150,000 per copyright
infringement.
• With some P2P Services such as KaZaA,
there are security problems which means that
potentially all of the files on your computer,
including confidential files, are available for
Fair Use
“Fair use is any copying of
copyrighted material done for a
limited and "transformative" purpose
such as to comment upon, criticize
or parody a copyrighted work.”
Stanford University Law Center
• The Four Factors of Fair Use
– Purpose: Is it educational?
– Nature: What was the original context of the
copyrighted material being used?
– Amount: Less than 10% or 30 seconds
– Effect: Are you taking money out of the copyright
holders hands?
• Some believe that there is a fifth factor - Good
Will - but it is not written into the law
• Fair use is often unclear. Congress included the
word transformative in the definition to leave it
open to interpretation.
Podcasting
Rule of Thumb:
If you think you might be
breaking copyright law…
you probably are.
Ethical
Considerations
A Question Of Ethics
• Each year, the recording industry loses 4.3
billion dollars, in sales, a trend that began in
1999. There is recent evidence that this
trend is reversing.
• The 10 most popular albums sold 40 million
copies worldwide last year, down 20 million
from the year before - according to the RIAA.
• Most recording artists make only $1.50 per
CD. While many live very comfortable lives
we must remember that they have earned it
and therefore deserve it. If we were in their
position, what would we think? Who makes
the rest of the money?
• Stealing is stealing. Everyone knows that it is
wrong. Why is downloading music alright?
• Is shoplifting a CD different than downloading
it illegally?
• Shouldn’t we support the musicians we
admire by purchasing their music?
• What would that musician do if they knew you
steal their music on a regular basis?
• Just because everyone else is doing it does
not make it alright.
The Other Side…
• Stanford Law School Professor Lawrence
Lessig’s book Free Culture.
• Where would our culture be without imitation
and outright copying?
• Where did the copyright laws originate?
• Who is being protected by the current US
Copyright Laws?
• What is to become of our culture?
Educational
Concerns
Our charge as music
educators
Our Charge
• What kind of example are we setting for our students
if we use or encourage the use of illegally
downloaded music, software, or any other type of
media in our classrooms? Do not use illegally
downloaded music in front of your students. Set a
positive example, not a negative one.
• We must to adopt a zero tolerance policy in our
schools for illegally downloaded music that not only
applies to our students, but to our colleagues and
administrators as well.
• We must actively seek to educate our students that
downloading music without paying for it is illegal.
Discuss the ethical aspects of illegal downloading.
Share the consequences with the students. Scare
them straight.
Resources
• Copyright: The Complete Guide for Music Educators
by Jay Althouse. Alfred Publishing Co., Van Nuys,
CA. 1997.
• Free Culture : The Nature and Future of Creativity by
Lawrence Lessig. Penguin Books, New York. 2003.
• Digital Copyright by Jessica Litman. Prometheus
Books, Amherst, NY. 2001.
• The Future of Music : Manifesto for the Digital Music
Revolution by Dave Kusek & Gerd Leonhard. Berklee
Press, Boston, MA. 2005.
• www.riaa.com
• www.creativecommons.org
• www.menc.org
Questions
Visit
www.jamesfrankel.com
Or email me at
[email protected]