What's Soundbyting and why are you here? Fair questions. Well, we're here because of the Internet, the World Wide Web and the incredible explosion of digital technology in our homes, at school and on the job. It's a great thing, no doubt about it. The Web's changing our lives in all kinds of remarkable ways.
But even with all the new ideas and opportunities of the online world, there are some problems. One of them is how easy it's become to copy other people's creative work -- whether it's words, images or sound -- without their permission. In fact, that's the problem with MP3 sites -- the technology to compress music recordings into sound files that can be easily uploaded and downloaded.
MP3 sites make it possible for anyone on the Web to copy individual songs or even whole albums into their own computer system for free. But unless the creators of these sites get permission from the individuals or companies who own the copyrights to the music, they're breaking the law. So is everyone who downloads a file. That's what we call Soundbyting.
The Soundbyting site and campaign is an effort to explain the copyright laws and how they specifically apply to music on the Internet. But more importantly, the goal is to help computer-savvy music fans understand the harm that results when an artist's creative work is reproduced without permission. It diminishes the work and energy that artists put forth in the creative process. It's a crime. It's against university policies [ http://www.cornell.edu/CPL/ ] governing use of their servers. And it's unfair to the artists whose work is being copied without permission.
Some MP3 devotees say there's no harm in it; it's actually free advertising. If you believe that, we may or may not convince you otherwise. But we're sure going to try.
Who We Are
"RIAA" stands for Recording Industry Association of America. What that means is, we're a non-profit organization representing the companies and people who work in the record business. And sure, for a handful of the most popular artists and companies, it can be a very big business. But for many of our members [ http://www.soundbyting.com/html/who_we_are/links.html ], it' s a tough game in which thousands of lesser-known bands and performers, and hundreds of smaller labels, try to strike a balance between the art they want to create and the music you, the fans, are willing to buy.
The RIAA's number one priority is defending the creative freedom [ http://www.riaa.com/ ] of musical artists to express themselves in any way they choose. So we fight against censorship of rap and rock lyrics. We oppose efforts to keep musicians from performing and selling controversial songs. And we support the rights of artists and their labels to maintain control over their own creative work. That's why we battle music piracy in all its forms, all across the globe.
We, and our members, also support an array of grassroots, community-based programs that empower young people, expand economic opportunity and support education, especially music education. From rappers working to contain gang-related violence in the streets to Rock the Vote [ http://www.rockthevote.org/ ] voter registration campaigns, the RIAA membership is applying the resources and popularity of the music industry to some of the most difficult social challenges facing young Americans.
The bottom line is, we love music, just like you do. So the RIAA does things like award the GoldŽ and PlatinumŽ records to celebrate successful releases. We lobby Congress, state and local governments and even international treaty makers to ensure that musical artists aren't muzzled by censors or ripped-off by pirates anywhere in the world. And we try to ensure that the recording industry provides expanding opportunity for new performers and expanding choices for music fans.
Who We Aren't
We aren't against using the World Wide Web to distribute music online [ http://www.riaa.com/ ]. Exactly the opposite. We know the Internet will be a key part of the music industry's future. So we're all for the hardware and software that will make even more music available online, but doing it in a way that respects the rights of artists.
We aren't the FBI. We aren't the CIA. We're not the police. In fact, we're not in any way connected with any government agency of any kind.
But we are trying to do is protect an idea: that musicians and labels should be allowed to control the products resulting from their collective creativity and hard work.
That's why we've started the Soundbyting campaign -- to educate universities and students about respecting the rights of artists on the Internet. Because uploading and downloading somebody else's music without their permission isn't just against the law. It's a rip-off. Simple as that.
The fact remains: when you use or create MP3 sites to reproduce songs without permission, you're taking somebody else's ideas, their creativity and their hard work.
Copyright 101: Copyright is Part of Democracy
Copyright is a pretty old idea. That doesn't mean it's a simple one. But it's rooted in the fundamental tenets of democracy.
When you think about it, you know what it means to own a piece of "property." That doesn't just mean a few acres of land or a house. It could be your clothes or computer. The car you drive or the paycheck from your job. If you earned it or bought it, it's your stuff, right? You own it.
So how does it feel when a friend takes your stuff without your permission? Or worse yet, when somebody you don't even know takes it? Sucks, right?
But what about something artistic you create? Something you thought up and put down in words on paper, with paint on canvas, on film in a camera or in notes played on a keyboard? Copyright is the part of the law protecting these original, creative works from being stolen or used without your permission.
Rusted Roots: The Statute of Anne (no relation to statuesque Annie Lennox)
Like so many American laws, copyright has its roots in old England. Back in 1710 the English Parliament passed the very first written law specifically recognizing the rights of authors: the Statute of Anne. While its sole focus was on printed books, the statute's provisions formed the basis of modern copyright laws dealing with everything from film and video to CDs and the Internet.
It turns out the hand-cranked printing press was giving those 18th Century English a little piracy problem of their own. As the Statute of Anne's preamble explained,
"Whereas Printers, Booksellers and other Persons have of late frequently taken the Liberty of Printing, Reprinting, and Publishing Books and other Writings without the Consent of the Authors or Proprietors to their very great Detriment, and too often to the Ruin of them and their Families."
So the Statute gave authors the exclusive right to print a book for 14 years, renewable for another 14 years if the author was still alive (not always likely in those days!). But that's still the core idea of copyright; giving the person who does the hard work of creating something new and original the legal control over when, where and how that work is reproduced and distributed.
The drafters of the Statute of Anne called it "An Act for the Encouragement of Learning." Why? Their theory was that if anybody could simply take the text of a book, reprint it and sell it without paying the author so much as a penny, it would naturally discourage authors from writing books in the first place. After all, spending all that time writing -- only to see the fruits of their labor enjoyed by someone else -- was leading "to the ruin of them and their families."
The U.S. Constitution
The idea of copyright is written in the U.S. Constitution -- the original and founding principles of American law and government. Even before the addition of the First Amendment, which protects freedom of speech and right to privacy, the Constitution included copyright protection. The very first Article of the Constitution empowered Congress,"...to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
Even back then, copyright was all about improving society by protecting the economic incentive for people to come up with brilliant ideas and inventions. But there's another idea behind copyright. It's not about money, but morality. It's the principle that an artist or author has a right to decide what happens to their work. It's about how you feel when somebody takes a work you created without asking or giving you any credit for it.
Recorded Music and Copyright...here's the deal
Copyright may have begun with the idea that it was important to protect the rights of book authors and their families. But for many years now, copyright laws have also protected songwriters, composers and performers, living and dead, Grateful and otherwise.
When it comes to recorded music, copyright is pretty complicated. The law wasn't intended to be that way. Truth be told, it's largely a matter of historical accident, precedent and timing. Because copyrights attached to written sheet music were around well before the invention of records, tapes and CDs, a system which developed to protect songwriters and composers now coexists with another system meant to protect electronic recordings of their songs and compositions.
So for any given recording, there are at least TWO copyrighted works involved.
First, there's the copyright in the musical composition. That is, the lyrics and musical notes as they're written on paper.
Second, there's the copyright in the sound recording, which is the performer singing or playing the particular song. This copyright is usually owned by the record company.
In short, the only LEGAL way to reproduce and transmit a piece of recorded music by uploading or downloading is to get permission from the owners of these different copyrights. It's called, obtaining a "license."
Licensing
For the copyright in the musical composition (the performance right), there are several organizations which may be able to help you, depending on type of license you’re looking for. If you wish to publicly perform musical compositions, you need to contact one of three music licensing organizations created to represent composers and songwriter:ASCAP [www.ascap.com]
BMI [www.bmi.com]
SESAC [www.sesac.com]
On the other hand, if you wish to reproduce and distribute musical compositions, you can contact the Harry Fox Agency [www.nmpa.org] for more information on how to obtain a license.
For the copyright in the sound recording, you MUST have permission from the sound recording copyright owner. This is typically the record company that issued (or currently owns to rights to) the CD or LP. In order to reproduce, distribute and, in some cases, digitally perform a sound recording on your site, you must get a license from the record company directly. The RIAA is not a licensing entity. Please note that there are special rules that apply to webcasts, subscription services and retransmission of radio stations. For more on these specific areas, see the RIAA’s web site [ http://www.riaa.com/weblic/weblic.htm ].
The Penalty Box
So what happens if you download, upload and copy music files without permission from the sound recording copyright owner? This is the stuff you should take seriously, because like it or not, copyright infringement is against the law. It leaves you liable for civil damages and criminal fines. Even jail terms. Also, if you’re a student, copyright infringement may be a violation of your school’s computer use policies.University and College Policies
Typically, university and college [ http://www.cornell.edu/CPL/ ] policies and honor codes prohibit students and faculty from using of the school?s computer system for any illegal purpose, including copyright infringement. Penalties can range from a loss of computer privileges to expulsion. And as more and more universities and colleges become aware of the problem of illicit music sites, they?ll be more vigilant about ensuring that their servers aren?t playing host to unauthorized music sites.
Federal Laws
U.S. Copyright Law {Title 17 U.S.C. Section 101 et seq., Title 18 U.S.C. Section 2319}: Protects copyright owners from the unauthorized reproduction, adaptation or distribution of sound recordings, as well as certain digital performances to the public. The penalties differ slightly where the infringing activity is for commercial advantage or private financial gain. Under U.S. copyright law, "financial gain" includes bartering or trading anything of value, including sound recordings.
Where the infringing activity is for commercial advantage or private financial gain, sound recording copyright infringements can be punishable by up to five years in prison and $250,000 in fines. Repeat offenders can be imprisoned for up to 10 years.
Under the No Electronic Theft Act (commonly referred to as the "NET" Act), sound recording infringements also can be criminally prosecuted even where no profit or commercial gain is derived from the infringing activity. In cases where:
Anti-Bootleg Statute {Title 18 U.S.C. Section 2319A}: criminalizes the unauthorized recording, manufacture, distribution or trafficking in sound recordings and music videos of "live" musical performances. States have similar laws. The federal statute carries a maximum penalty of up to five years in prison and a $250,000 fine.
State Laws
Nearly all states have piracy-related laws that make it a criminal offense to pirate, counterfeit or bootleg audio recordings. States also have unfair competition laws which allow record companies to protect their rights in recordings fixed (recorded) prior to February 15, 1972. The most commonly used state criminal laws are:
Civil Lawsuits
When it comes to copyright infringement, civil lawsuits by copyright owners are sometimes more widespread than criminal prosecutions. And if a copyright owner successfully sues you for infringement, you might have to pay monetary damages, punitive damages, legal fees (theirs AND your own). In short, you might not go to jail, but the punishment can still be very, very expensive.
Copyright 1998