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Lecture 3

MUI 221 Lecture Notes - Lecture 3: Audio Home Recording Act, Means Test, No Electronic Theft Act


Department
Music Industry
Course Code
MUI 221
Professor
david Cottrell
Lecture
3

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MUI 221: Survey of the Music Industry – Lecture 3: Amendments, A Story of Woe,
Infringement
Audio recording industry evolvement:
Digital audio tapes where introduced in late 60’s
They replaced vinyl records
In 1982 compact discs (CD) were used
CD’s very inexpensive to reproduce
CD’s were a combination of Sony (Japan) and Phillips (Europe)
When analog recordings were copied, each time quality was lost with each copy
Digital recordings could be copied without loss of quality (late 80’s)
The Copyright Act of 1976 has been amended more that 50 times:
Audio Home Recording Act of 1992
-First real victory for labels
-Doesn’t make home recording legal
-Gave labels performance right exclusion
Digital Performance Right in Sound Recordings Act of 1995
-Performance right means money
-Huge victory for labels
-Established “Sound Exchange” – the mechanism by which these digital
performance royalties are distributed
-The labels could get a performance royalty from circle p, but has to be digital
performance
No Electronic Theft Act of 1997
-Imposes criminal penalties for distribution of copies, files or software for
“commercial advantage or to provide financial gain”
-Includes the receipt (or exception of receipt) of anything of value, including
copyrighted music
-Does not need to involve money – e.g. people give away illegal downloads of
music for free
The Digital Millennium Copyright Act of 1998
-Made piracy a crime
-Established criminal penalties for cracking anti piracy measures
-Sony tried installing DRM to stop piracy (look up DRM)
-Stopped because it wasn’t working
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