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Filesharing - Legal Aspects - Musician's Perspective

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The majority of media coverage that is given to the issue of file sharing and the controversial nature of peer to peer networks is primarily focused on organizations like the Recording Industry Association of America, observing their strong stance on the legalities of the technology and focusing on expensive lawsuits between them and the providers of such technology. Quite often the opinions and perspectives of the musicians and artists themselves go under recognized, and it is their work that is at the center of this technology and the surrounding legal implications.

In terms of prolific artists who are signed to major record labels opposing file sharing technology, opinions seem to split with both support for and against peer to peer music sharing networks as is observed in the artist involvement section of this document. File sharing has also had a large impact and presents various opportunities to many unsigned artists, enabling them to bypass the traditional necessity of record contracts in order to reach international audiences, with independent bands creating studio quality recordings at home and uploading their work onto the web for distribution while building a reputation online without the backing of a major record label.

Often prolific recording artists are restrained in making comments on their support of file sharing and peer-to-peer artists as they feel an obligation to their record label and are influenced by the organisation’s stance. In independent musician Miriam Rainsford’s article on the issue of file sharing from the perspective of the musician, she suggests that organizations like the RIAA are out of touch with both their consumers and their artists, and citing other motives for their condemning of file sharing technology other than copyright issues.

Yes, we have indeed heard enough from the RIAA, a conglomerate of the five major record labels which claim to speak on behalf of their artists, yet are out of touch with musicians’ need and interests. I would suggest that instead, financial interests and a fear of adapting to changes in technology are the primary motivation behind their impassioned speeches against “piracy� and their pursuit of multi-million lawsuits against students running private, non-profit file sharing networks. (Miriam Rainsford, 2003, pp.1)

File sharing and peer-to-peer technology poses a huge threat to the control that the record industry once had over contemporary music in terms of distribution and marketing, with independent artists gaining cult like status through online word of mouth and mp3 files. An example of this can be identified in the recent work of the artist Dangermouse, who created his debut ‘The Grey Album’ by controversially yet brilliantly mixing and splicing together ‘The White Album’ by The Beatles and ‘The Black Album’ by rapper Jay Z. His work relied entirely on mp3 and file sharing, as he was unsigned, gaining a massive international following without a record contract.

In recent times, the major label record industry has observed the popularity of mp3 and file sharing technology and has made some attempts to use it to their advantage, in the form of short mp3 ‘samples’ of their artists’ work that encourages users to go buy the complete CD, and also by selling entire albums online in mp3 format.

REFERENCES

Hill, B. (1996) "The Virtual Musician," New York, Schirmer

Leer, A. (1999) "Masters of the Wired World," London, Financial Times Management

Rainsford, M. (2003) "A Musician's Take on File Sharing, DRM, and Copyleft Licensing," O'Reilly P2P, retrieved on 14 October 2004, from http://www.openp2p.com/pub/a/p2p/2003/06/10/musician_pov.html

Stefik, M. (1999) "The Internet Edge," Massachusetts, MIT Press

Cameron Hawes 19:17, 27 Oct 2004 (EST)

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