Today, MP3s have become part of the computer landscape, and are widely recognized as the most popular format of storing and listening to music on the World Wide Web. That said there are still many people that do not know exactly what an MP3 is. MP3 stands for MPEG-3. MPEG means Motion Picture Experts Group, Layer 3, which is an organization that sets international standards for digital formats for audio and video. MP3 technology itself was developed by the Frauenhofer Institute in Germany. MP3 is essentially a compression format that shrinks audio files with only a minimal sacrifice in sound quality. MP3 files can be compressed at different rates, but the more they are scrunched the worse the sound quality. A standard MP3 compression rate is at a 10:1 ratio, and yields a file that is about four megabytes for a three-minute track. An example of this dramatic compression is the fact that is an audio file that has a size of 60 megabytes can be compressed into an MP3 that only takes up six megabytes.
The exciting development of MP3s has lead millions of people to upload or download MP3 files on the World Wide Web. One factor that has lead to this increase is the fact that Internet connection speeds have gotten faster over the past couple of years. This difference in connection speeds can be seen by looking at the difference in the amount of time it takes to download a file. At cable modem speeds, an individual can download a 3.5-megabyte file in about one second, assuming a clear connection, but a person using a 28.8-kbps modem will take 16 minutes to download the same file. With the increased speed of Internet connections and compression factor of MP3 technology individuals have been able to gather many more audio files as MP3s than they originally could have. Another big component of mP3 success has been the compression element. The MP3 compression element was initially most important where individuals did not have large hard drives. Today the compression factor is less of a concern with the declining price of hard-drive space , which means the costs of storing a massive amount of MP3s have declined significantly. These factors together have made it possible for individuals to have a considerable number of MP3 files on their individual computers.
In addition to downloading MP3 files from the World Wide
Web individuals can also create their own MP3 files. To make an MP3
from compact discs you must follow a two-step process. The
two steps are ripping and encoding . To make an MP3 you
must first rip the tracks from the audio CD to your computer as WAV
files. Once this has been done you can then compress the WAV
files into MP3 files through a process called encoding. There
are many programs out there such as AudioGrabber, MPEG Encoder Suite, Windac,
MusicMatch and AudioCatalyst that will do allow individuals to do the ripping
and encoding to create MP3s.
Once an individual has accumulated MP3 files a MP3 player
will be needed to play those files. There are dozens of MP3
players available on the market today, and many computers now come with
one already pre-installed. Some of the most popular MP3 players
are Winamp , MusicMatch Jukebox , and the Windows Media Player .
Alternatively, an individual could get a portable MP3 player, such as the
Diamond Rio MP3 Player to listen to their MP3s.
An individual that has a library of MP3s may also “burn” CDs if that person has a CD burner. This is down by decoding the MP3s into WAV files. This can be down with a program such as Winamp. Then the person just has to “burn” the WAV files to the CD using the software that came with the CD burner.
All this being said MP3s have come into the picture and revolutionized the way that music is being exchanged today. Along emergence of MP3 technology has been the software and web-sites that have been created to facilitate the exchange of MP3s. The best known of these programs is Napster. Napster is a file-sharing software programs that allows people using the program to log–on to the Napster system and share MP3 files with other users who are logged-on to the system. It was recently estimated that in mid-March the number of users on the Napster system at any given time was 1.5 million people. Due to a recent court injunction ruling that has instituted filtering of copyrighted songs the number of users on the Napster system at any given time has dropped to 1.1 million people. In addition to Napster there is also many other software programs that facilitate the trading of MP3s. Among those programs are Gnutella, Bearshare , and Limewire . The main difference between these programs and Napster is that unlike Napster these programs do not go through a central server. Along with all the software programs there are also many web-sites devoted to MP3s. Among these sites are MP3.com and Audiofind .
The emergence, availability, and flexibility of use of MP3s have caused the Recording Industry Association of America (RIAA) great concern. Their primary charge against MP3 technology by the RIAA and music groups, such as Metallica , is that many of the available MP3s on the World Wide Web violates the United States Copyright Laws. That being the primary charge it is important at this point to have a brief overview of the current U.S. copyright laws.
It should first be noted that MP3 technology does
not violate the U.S. copyright laws, but the problem arises because the
technology does not contain any built-in security features that protect
copyrighted content. As a result there are both MP3 available
on the World Wide Web that comply with copyright law and also MP3s that
violate the copyright laws. Many legal MP3s are coming from
both emerging and established music groups that are hoping to increase
their popularity and to eventually make money. It is claimed
by the RIAA that the majority of MP3s being shared on Napster, and similar
sharing programs, are violating copyright laws.
The basis of U.S. copyright law is from Article
I, section 8, clause 8 of the Constitution authorizes Congress to “promote
the progress of science and useful arts, by securing for limited times
to authors and inventors the exclusive right to their respective writings
and discoveries.” At the heart of this clause seems the founders
seems to saying there must be a balance struck between adequate protection
as an incentive to creators of such works, and the necessity of society
to have these works to progress as a society. The most recent
attempt by Congress to balance these two interests came in the form of
the Copyright Act of 1976, 17 U.S.C. § 101 et sequence.
Because this is not a paper on general copyright law there will be a brief
overview of three sections of the copyright law. Those sections are
102 (subject matter of copyright), 106 (exclusive rights in copyrighted
works), and 107 (limitations to exclusive rights: fair use).
To start the analysis of Copyright Act of 1976
it is helpful to start with Section 102, which defines the subject matter
of copyright. U.S.C. Title 17, Section 102 contains a list of categories
that fall under the general copyright protection. The Section
names eight broad categories that are entitled to copyright protection,
and category number seven is sound recordings. Since MP3s are
sound recordings they fall under copyright law.
Section 106 lists the exclusive rights that an owner
of copyrighted works has the copyright laws. Those rights include
the right to reproduction, creation of derivative works, distribution and
transfer of rights, performing the work in public, display of the work,
and performance of the work through digital audio transmission.
The RIAA in its lawsuit against Napster is mainly claiming infringement
of the right to reproduction and distribution of copyrighted sound recordings.
Section 107 states that notwithstanding the provisions
of section 106, the fair use of a copyrighted work is not an infringement
of copyright. Section 107 then states several factors that
considered in determining whether it is fair use. Those factors are:
purpose and character or the use, nature of the copyrighted work, amount
and substantiality of the portion used in relation to the copyrighted work
as a whole, and the effect of the use upon the potential market for the
copyrighted work. The affirmative defense of fair use has been
one of Napster’s main responses to the charges of the RAII.
Napster has first been arguing that the use is not of a commercial nature.
Secondly, Napster has been arguing that the use has not decreased the potential
market for the copyrighted work, but has instead increased the potential
market for the copyrighted work. The Appellate Court ruling
over the Napster injunction did not give much weight to these arguments
, but it remains to be seen how these arguments will hold-up with a full
trial.
With the background information out of the way we now turn to the current statutes and cases that will determine where MP3 technology goes from here. The two main statutes that we will be looking at are the Audio Home Recording Act of 1992 and the 1998 Digital Millennium Copyright Act. The major cases that we will be looking at are Sony Corporation v. Universal City Studios, Recording Industry v. Diamond Multimedia, the MP3.com cases, and the Napster cases.
Future of MP3 Technology
With the law evolving around MP3 technology we are left with the very real question of what will come of MP3 technology in the future in regards to the legal world and digital world. First of all, I believe that MP3 technology will continue to develop, evolve, and change in the digital world. MP3 technology has become entrenched in today’s society, and will not be going anywhere soon. That being said there are already several different advancing MP3 technologies out in the market. One of them is ACC, which is a new variation of the MPEG format. It is the most advance audio format, but is not very commonly used yet. In fact the only player that currently supports this format is K-Jofol. Another emerging format is MP4, which is the next evolution in the MPEG format, and is slightly more advanced than the MP3 format. Currently, MP4 is not as widespread as the MP3 format. MP3 technology will continue to evolve as new formats of the technology are developed. As each format develops there quality and compression will increase while the size of the file will continue to decrease. This in turn will mean that even less storage space will be needed, and that it will take less time to transfer these files over the World Wide Web.
Since MP3 technology is not going anywhere there is a need for users of MP3 technology and the Recording Industry to be able to come to some agreement on how the technology can be used with out violating current copyright laws. As with almost all conflict the core concern over copyright can be addressed by contract. This will take some cooperation between the users of the technology and Recording Industry that is not currently there. There are many different possibilities for the use of MP3 technology that occur because of the cooperation between the parties.
The most obvious source of conflict currently is the dispute between the Recording Industry and Napster. There are several different possibilities for a viable marketing structure between the two parties. This can be seen by the fact that BMG has become partners with Napster in the hope of tapping the MP3 market. In briefs to the court the Recording Industry has repeatedly stated that they want are looking to get into the market of online MP3 distribution. A possible end to the conflict could be achieved by a contract between the major music industry producers and Napster.
If a settlement could be worked out between the
parties there are several marketing models that Napster could use to make
money for the owners of copyrighted works. One possibility is a monthly
fee set-up where each user of Napster would pay a set fee, perhaps $20
per month, for the right to download MP3s. Alternatively, Napster
could charge a minimal amount, such as $0.25, for the download of each
individual song. There would be essentially no cost to the holders
of the copyrighted works as the Napster system has already been established.
Also, even if Napster where to begin creating the MP3 for distribution
there is only a minimal cost to create such a MP3.
Napster could also possibly have a free alternative
for those individuals that do not want to pay for the service. This
could be down advertisements that would run when the user is running the
Napster software. This model would be similar to the set-up of NetZero
that has a free Internet service for individuals that don’t mind banner
advertisements running at the top of their screen.
CD Now Setup
Grateful Dead example: money made through other means (concerts, collectible merchandise, etc.)
ENDNOTES
http://help.mp3.com/help/article/aboutmp3s.html
http://help.mp3.com/help/article/why_called.html
http://help.mp3.com/help/article/why_called.html
http://help.mp3.com/help/article/why_called.html
http://hotwired.lycos.com/webmonkey/00/31/index3a.html
http://hotwired.lycos.com/webmonkey/00/31/index3a.html
http://hotwired.lycos.com/webmonkey/00/31/index3a.html
http://www.mpowercom.com/cgi-bin/Glossary/definition.cgi?term=Upload Upload is defined as a transmission or sending of data from your computer to another.
http://cdnow.com/cgi-bin/mserver/SID=190729420/pagename=RP/HELP/download.html: CD Now defines download as a transfer of a digital file, such as a song, from one computer to another over a network, such as the Internet.
http://coverage.cnet.com/Content/Features/Techno/Cablemodems/ss06.html
www.sciam.com/2000/0500issue/0500toig.html: Disk/Trend, a California based research market firm that tracks the hard drive industry, reports that the average price per megabyte for hard-disk drives has plunged from $11.54 in 1966 to $0.04 in 1998, and the estimate for 1999 is $0.02. James N. Porter, a president of Disk/Trend predicts that by 2002 the price will have fallen to $0.003 per megabyte.
http://www.music4free.com/help/making
http://www.music4free.com/help/terminology: To rip means to transfer audio tracks from an audio CD to a computer as a WAV file. Ripping is the name of the process and a ripper is the software used in the process.
http://www.music4free.com/help/terminology:
To encode means to compress a WAV file into a MP3, VQF, or another highly
compressed audio format. Encoding is the name of the process and
an encoder is the software used in the process.
http://www.music4free.com/help/making
http://www.music4free.com/help/terminology: WAV was developed by Microsoft and IBM, and is a format for storing sound as files. Support for WAV files was built into Windows 95 making it the standard for sound on PCs. WAV sound files can be played by nearly all Windows applications that support sound.
http://www.music4free.com/help/making
http://www.music4free.com/help/making
http://www.jamienet.freeserve.co.uk/create/html
http://www.zdnet.com/zdhelp/stories/main/0,5594,2553165-3,00.html
http://www.zdnet.com/zdhelp/stories/main/0,5594,2553165-3,00.html
www.winamp.com
www.musicmatch.com/home
www.microsoft.com/downloads
http://www.zdnet.com/zdhelp/stories/main/0,5594,2553165-3,00.html
Recording Industry Association of America v. Diamond Multimedia Sys., 29 F. Supp. 2d 624. (“RIAA I”)
http://www.music4free.com/help/making
http://www.music4free.com/help/making
http://www.winamp.com
http://www.music4fee.com/help/making
http://napster.com
Recording Industry Association of America v. Napster, 114 F. Supp. 2d 896.
http://dailynews.yahoo.com/h/nm/20010325/en/music-napster_46.html
http://dailynews.yahoo.com/h/nm/20010325/en/music-napster_46.html
http://www.bearshare.com
http://www.limewire.com
http://www.mtv.com/nav/intro_news.jhtml: Napster Usage Down 10% since Wednesday (03-19-01)
http://www.mp3.com
http://:www.audiofind.com
Recording Industry Association of America
v. Napster, 114 F. Supp. 2d 896.
http://www.riaa.com: The Recording Industry Association of America’s web-site
http://www.metallica.com: Metallica’s web-site
http://www.metallica.com/news/2000/napfaq.html: Metallica’s explanation of why they filed a lawsuit against Napster.
http://www.consumer-news.com/mp3/security-copyright.html: MP3 Security and Copyright Issues
Id.
Id.
Recording Industry Association of America v. Napster, 114 F. Supp. 2d 896.
http://www.loc.gov/copyright: U.S. Copyright Office Web Page
http://www.cyberspacelaw.org/dogan/dogan1.html: Copyright in Cyberspace: Introduction to Copyright Law
http://www.cyberspacelaw.org/dogan/dogan1.html: Copyright in Cyberspace: Introduction to Copyright Law
http://www.cyberspacelaw.org/dogan/dogan1.html: Copyright in Cyberspace: Introduction to Copyright Law
U.S.C. Title 17, Section 102. Subject Matter of Copyright: In General
Id.
U.S.C. Title 17, Section 106. Exclusive Rights in Copyrighted Works
Id.
Recording Industry Association of America v. Napster, 114 F. Supp. 2d 896.
U.S.C. Title 17, Section 107. Limitations on Exclusive Rights: Fair Use
Id.
Recording Industry Association of America v. Napster, 114 F. Supp. 2d 896.
Recording Industry Association of America v. Napster, 114 F. Supp. 2d 896.
Recording Industry Association of America v. Napster, 114 F. Supp. 2d 896.
Recording Industry Association of America v. Napster, 114 F. Supp. 2d 896.
17 USC 1001.
http://www.music4free.com/help/terminology
Id.
Id.
http://www.music4free.com/help/terminology
Id.
Recording Industry Association of America v. Napster, 114 F. Supp. 2d 896.
http://www.netzero.com