ABA Journal Highlights How The Music Industry Is Thriving And How Copyright Might Not Be That Important

from the wow dept

Michael Scott points us to one of the best summaries I've seen of the state of the music business today -- published in the ABA Journal. It's an incredibly balanced piece, that really does carefully present both sides of the story on a variety of issues, and presents actual evidence, which suggests the RIAA is blowing smoke on a lot of its claims. The piece kicks off by highlighting that the music industry appears to be thriving, and then noting that it's not the same as the recording industry, which has been struggling.

Much of the piece does present the RIAA's viewpoint on things, such as the idea that the legal strategy the labels have taken has been a "success." However, it follows it up by questioning what kind of success it has been when more people are file sharing and more services are available for those who want to file share. From there it segues into a discussion on "three strikes" and ACTA, which includes the jaw-dropping claim from an RIAA general counsel that "three strikes" was "never even put on the table." I've heard from numerous ISP folks who say that's not true at all. However, the article does a good job (gently) ripping apart the RIAA's claims, with evidence to the contrary, and does a beautiful job digging deep into ACTA to show how the text might not explicitly require three strikes, but is worded in such a way as to make it hard to qualify for safe harbors without implementing three strikes.

The latter part of the article then focuses on how the music industry really is booming, and how more people are making music, and there are lots of opportunities for musicians to do well these days, even without relying on copyright law. The arguments made (and the people and studies quoted) won't be new to regular Techdirt readers, but it really is a very strong piece, targeted at lawyers (many of whom may not have realized some of these details). For example:
If the ultimate goal is to promote the creation of new works, then perhaps it isn't really necessary to take stronger legal actions against illegal file-sharing because the evidence does not suggest that it is hindering the creation of new works by musicians
I certainly don't agree with everything in the article, and there are a few statements from the RIAA folks that could have been challenged more directly. But, on the whole, it's definitely one of the better articles I've seen looking at the music industry from the perspective of the legal profession that doesn't automatically drop into the "but we must protect copyrights!" argument from the outset.

Filed Under: business models, copyright, music, music industry


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  1. icon
    Technopolitical (profile), 30 May 2010 @ 2:13pm

    http://www.nytimes.com/2010/05/30/weekinreview/30rosenthal.html?hp

    "Americans have long had an unswerving belief that technology will save us — it is the cavalry coming over the hill, just as we are about to lose the battle.

    And yet, as Americans watched scientists struggle to plug the undersea well over the past month, it became apparent that our great belief in technology was perhaps misplaced.

    “Americans have a lot of faith that over the long run technology will solve everything, a sense that somehow we’re going to find a way to fix it,” said Andrew Kohut, president of the Pew Research Center for the People and the Press. He said Pew polling in 1999 — before the September 2001 terror attacks — found that 64 percent of Americans pessimistically believed that a terrorist attack on the United States probably or definitely would happen. But they were naïvely optimistic about the fruits of technology: 81 percent said there would be a cure for cancer, 76 percent said we would put men on Mars. "

    http://www.nytimes.com/2010/05/30/weekinreview/30rosenthal.html?hp


    "Our Fix-It Faith and the Oil Spill"
    By ELISABETH ROSENTHAL
    Published: May 28, 2010
    =================================

    Where's my tape decK ?

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