By Eric W., Jihan S., and Christina I.
Since the advent of the Internet,
the traditional methods to enforce protection of copyrighted material have
often not worked. For example, despite strong efforts by the film and recording
industries to combat online piracy, the dynamic nature of the Internet has made
traditional measures taken through the courts largely ineffective.
The problems copyright holders face
in protecting their works online are many, perhaps the most overwhelming coming
from the nature of the Internet, itself. Because of the immense volume of information transferred, not
only are copyright holders often unable to track single instances of
infringement among the vast amounts of
data online, but the inherent anonymity of Internet users makes even the most
meager steps to prevent piracy sometimes impossible. Add to this, the jurisdictional hurdles which may
which prevent copyright holders from pursuing infringement claims when users or
acts of infringement happen overseas. In
addition, the sheer cost of litigation is immense compared to the small amount
of infringers and amounts recoverable that a copyright holder can actually
reach.
Obstacles that exist when the
traditional judicial system applies traditional copyright infringement doctrine
within an online context can also be substantial. Not even the biggest players may
be able to beat the system. For example,
The Recording Industry Association of America (RIAA) commenced high profile
lawsuits and a series of individual lawsuits to combat file sharing of
copyrighted music material. The costs of these suits including attorney fees,
trials, and even settlements became so large that the RIAA either stopped suing
people for infringement or (in 2007) began offering “discount” settlements. In
fact, in 2008 the RIAA began to stop file-sharing lawsuits and announced a 3-strike
system for file sharing. However, as of 2009, there have been no major ISP’s
that were part of the RIAA’s scheme.
Another constraint facing the RIAA has
been the lobbyist and/or advocates that have vocalized their opposition to the
RIAA. One of these organizations is the Recording Artists Coalition. Another obstacle
has been judges who seem hesitant to support RIAA in their file sharing cases
because the damages and rate of infringement is both enormous and ambiguous.
Lastly, copyright lawsuits by the RIAA may be out of touch with the cultural
norms of today, as many people do not consider file-sharing stealing, or a
serious crime.
Private companies and artists however have
utilized some methods that have proven to be more effective than litigation in
the fight against online piracy.
One method used: some artists have taken
control of the distribution of their copyrighted works by offering the work for
free or at a low price. An example is Louis CK, a comedian who sold his show
“Live at the Beacon Theater” for $5 on his website instead of releasing it on
DVD or a premium cable channel. Fans were given the option of paying by PayPal
on his website or pirating it. He made well over $1 million in just 12 days, which
demonstrates that a good amount of people are actually willing to pay money for
something they find worthwhile. For
another method, a rock band who took matters into their hands was the famous band,
Radiohead. With their “pay what you want” experiment, they released their new
album “In Rainbows” themselves in 2007.
They tested the songs on the Internet through Webcasts then performed a
few songs at each show on their summer tour so their fans would be able to
recognize those songs. People paid
anywhere from $0 to $212 for the digital copy of?, and the band subsequently
sold over 3 million of the physical copies of the album. Using this method, Radiohead
sold more records, merchandise, and concert tickets than they had on their
three previous albums.
While these methods are somewhat risky,
Louis CK and Radiohead had strategic bargaining power and benefited greatly
from these creative releases. Their method fights piracy in a non-repressive
way and encourages fans to make complementary purchases, such as tickets to
live performances and band merchandise.
Their innovation can pave the way for other artists to achieve similar
success. However, it may be more difficult for up and coming artists, without a
substantial fan base to be able to release their music in the same fashion.
Another
proven method to deter online piracy is to offer a convenient and inexpensive
way to download music. Consumers want an easy way to build their music
collections at a reasonable price. Apple’s iTunes store, which offers an
extensive library of songs that cost $1.29 or $0.99 is the most well-known
example,. The convenience is hard to match especially given the rise of new
technologies such as iCloud.
There are also alternatives that
offer free music services, but the drawbacks include advertisements and consumers
not being able to play exactly what they want at any time. These alternatives include
Pandora Radio, Spotify, and Grooveshark. One advantage for artists is that
users will be exposed to new songs, so they might be prompted to buy the album
or at least individual songs on iTunes.
Although online piracy is still a significant problem,
hopefully an increasing number of music lovers will be more willing to obtain
their music in a legal way that will reward the artists and copyright owners
who have created convenient innovations to distribution of their products.