Final Draft :: Piracy in the Music Industry

Privacy In the Music Industry: Illegal Music Downloading

Abstract:

This study researched the world of illegal music downloading, taking information from sources of different backgrounds. The Recording Industry Association of America (RIAA) and news media outlets, along with a survey and explanation of opinions on the subject, have aided in the shaping and direction that the report has taken. We believe to find that a majority of internet-savvy population, focusing on college-aged individuals, will be more tolerant to music piracy. The results of the survey agree with our hypothesis in that our sample shows that college-aged individuals are much more likely to download music illegally.

Introduction:

The Recording Industry Association of America (RIAA) is the organization that controls the finances of recordings of all of the major music companies and labels in the country. They are responsible for about eighty-five percent of all genuine music that is recorded, produced, and sold within the U.S. This means that they are also the main company working to prove that illegal downloading infringes on the rights that the First Amendment ensures to all people, including music artists.
Because the illegal downloading and piracy of music has resulted in such significant losses of revenue for the music industry as a whole, the RIAA worked with the FBI to create a new warning to place on all copyrighted music products. In addition to this seal, there are also two printed warnings that read as follows:

Extended Warning:
“The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000.”
Abbreviated Warning:
“FBI Anti-Piracy Warning: Unauthorized Copying Is Punishable Under Federal Law.”
However, the fact of the matter remains: the illegal downloading and piracy of music is not slowing.

Coverage of the Issue by News/Media Outlets:

The Boston Globe:
Judge Slashes Penalty in Illegal Music Downloading Case
Written on July 9, 2010 by Jonathan Saltzman, Globe Staff
This article is about a graduate student at Boston University, Joel Tenebaum, who was sued for $675,000 for illegally downloading and sharing 30 songs. US District Court Judge Nancy Gertner ruled that the amount of money was “unconstitutionally excessive,” lowering the it to $67,500. Gertner believes that Congress did not anticipate the Digital Theft Deterrence Act of 1999 to expose people like Tenebaum to such enormous financial obligations for violating copyright law.

The Washington Post:
Download Uproar: Record Industry Goes After Personal Use
Written on December 30, 2007 by Marc Fisher, Staff Writer
This article is about an unusual case in which Jeffrey Howell received an RIAA letter and fought back. The RIAA then claimed that “it is illegal for someone who has legally purchased a CD to transfer that music into his computer.” This is a very significant claim because law only states that it is illegal to distribute copyrighted materials. In this case, however, the RIAA was arguing that transferring the music to a computer for personal use was also violating the law.

The Question:

The fact of the matter is that there are tons of websites that allow music to be downloaded and shared among users illegally. Although piracy of music is illegal because of copyright infringement, who is ultimately at fault? Should the people using these sites be punished for their actions, or are the actual sites who are promoting this behavior to blame? (should we include our target audience – college students)

The Survey :

This study conducted an online survey to gather information about the topic of music piracy and its effect on the music industry. The survey was created on www.surveymonkey.com and was then distributed through Facebook, email, and forums. The survey service automatically collected the responses for analysis.

The survey consisted of ten questions which included four demographic questions (gender, age group, education, and internet usage) followed by six questions specific to the topic at hand. These questions inspected the participant's history of downloading music online (both legally and illegally), sources/services used to download the music, and thoughts on the legality of music piracy. The target audience of this study is college age individuals who use the internet often and are active within the music culture/community. We feel that a sample from this community will produce credible results because the average college age individual has grown up within the digital age, usually has good familiarity with the internet, and is active within the music community.


Analysis :

Due to time restrictions, the survey was only available for a 36 hour time period from October 12-13, 2010. The survey started with a couple demographic questions to determine the sample we were working with. There were 72 total responses (58% male, 42% female). A majority, 63, of those were of college age (18-23) who are attending a university or have recently graduated. All of the participants, except for one, stated they visited the internet daily, half of which visit the internet every hour. Also, 69 out of the 72 participants download music online. Thus, the study sample is exactly the audience we wished to target.

The survey then began the questions that will help in answering the posed questions. The first question asked whether the participant has downloaded music legally, illegally, or both. Considering the amount of media coverage on music piracy, it was not very surprising to see that over 80% of our participants stated they download music illegally. Only 11 out of the 72 respondents who specifically download music legally. The following question sought the sources/services used for the participant's procurement of music: paid services (itunes), torrent sites (Pirate Bay), P2P services (Kazaa), media sharing sites (Mediafire), or other, leaving room for a written response. The results showed little discrepancy between the selections. This gives a glimpse in to the wide range of options there are to download music, both paid and free. The written responses even gave services that were unknown to the researchers.

The last set of questions examined the attitude of the participants toward the legality of music piracy. Exactly two-thirds of the participants believed that downloading music for free should not be illegal. When asked who should be held responsible for the music being pirated, two-thirds stated the service/program offering the music should hold responsibility, with only 20% believing the individual downloading the music is responsible. There was a third option, 'other,' with a written response, in which 6 of the 8 respondents stated “both.” These results reveal that many who are downloading may believe they are not responsible for the music downloaded from a site that makes it available to the entire online population.

The survey concluded with a optional written response about any extra thoughts the participant may have on the legality of music piracy. Thirteen responded with a variety of thoughts. Many argued that music piracy must be illegal due to economic reasons. But, one respondent had this sentiment: “Downloading the music is a means of distribution. If the artist is truly talented, s/he will earn fans and still play live concerts.” A couple of respondents agreed, arguing the fact that artists do not received a great deal of money from album sales, their income often comes from touring and merchandising.


Conclusions :

The results of the survey corresponded well with our hypothesis. A large portion of young adults, aged 18-23, download music from the internet illegally. The sample was mainly centered on students at the University of College Park, however, we believe that these results can expand to the population of college students. In further studies, it would be interesting to examine a greater audience in age and education, as well as class status and music interest.

The study was an overall success.  One error in the study that was foreseen was the possible bias the target audience would have to music piracy. Many in this age group have grown up in the time where music/file sharing was not actually illegal, it was simply sharing personal property. Thus, this group may be biased towards music sharing being legal. With more time and resources, this study could break way for further research about the culture of music piracy.


Further Resources:

Piracy Visual
http://curseofthemoon.deviantart.com/art/Music-And-Piracy-Infographic-162247383?fullview=1