MusicDish e-Journal - January 21, 2018
MusicDish Advertising Network
Search MusicDish e-Journal (Advanced)
Subscribe To MusicDish e-Journal
About | Contact | Advertise | RSS | Submit Article | Submit News | Artist Development | Premium PR Distribution
Mi2N | MusicDish*China | MusicDish Network | MusicDishTV | Urban Music News Network

Digital Music and New Media: Legal Issues vs. Business Practices
By Eli Wendkos
(more articles from this author)
Comment | Email | Print | RSS

This paper examines digital music and new media from a perspective of Intellectual Property law and policy. In light of recent controversies such as the Recording Industry Association of America (RIAA) versus Napster, there are new and interesting challenges facing the recording industry, new media entrepreneurs, lawmakers, and music fans. I will examine the issues and give their history, look at current and future trends, and develop new business models in an attempt to address the concerns of all the parties. Finally, I will evaluate the business models in light of current and future trends in IP law, and show how they may change IP law policy and possibly society.

Table of Contents

I. Overview
II. History What is Intellectual Property Law?
A. Venetian Patent Ordinance
B. Stationers' Copyright and Statute of Anne
C. First U.S. Copyright Act
D. U.S. Patent Act and Definition of Patent
III. How Does Intellectual Property Law Apply to Digital Music?
A. Act of January 6, 1897 Public Performance of Music
B. White-Smith Music Publishing v. Apollo Company
C. Formation of ASCAP
D. 1976 Copyright Act and Amendments
IV. What Are the Issues in Digital Music and New Media?
A. Distribution
B. Digital Downloads Differ From Physical Music Procurement
i. Enforcement of copyright and the Napster Ruling
ii. Choice In Content
iii. Ease of procurement
C. Inadequacies of the Current Law
i. Digital Millennium Copyright Act of 1998
ii. The Business Method Patent
iii. Secure Digital Music Initiative
vi. The Music Owners' Listening Rights Act
V. An Examination of Current Business Models
A. The Subscription Model
B. The Sponsorship Model
C. The Advertisement Model
D. The User-Demographics Model
E. The "my music account" Model
F. Napster's peer-to-peer Model
G. The Partnership Model
H. The Service Model
VI. Suggested New Business Models
A. Digital Payloads Business Model
B. Combination of Existing Models
VII. Evaluation of Suggested Business Models
A. How Would IP Law Treat These New Business Models?
B. What Does the Future Hold?

Home » Insider Scoop » Digital Music and New Media: Legal Issues vs. Business Practices
Email |Print |Comment |RSS

back | top

MusicDish Advertising Network

Insider Scoop

» Streaming & Listening Diversity - Spotify Case Study

» Pandora Subscriber Base Grows to Over 5 Million

» Music Industry Betting On VR & AR For New Revenue

» Sound Royalties Unearths Millions in Undistributed Royalties

» Indie Labels Represent Over A Third Of Global Recorded Music Market

Insider Scoop Directory

» [2017-12-25] MusicDish*China Presents 'Savage Guitarist' Todd Clouser In Beijing; As Part Of His #YouTheBrave Asia Tour That Includes 8 Shows Across Japan, Todd Will Be Giving Solo Shows At Laifu Livehouse On 12/27 And Temple Bar On 12/28

» [2017-12-20] Mixcloud Taps Gracenote For Advanced Music Recognition; Next-generation Audio Fingerprinting Helps Mixcloud Identify And Catalog Copyrighted Music Within User-generated Content

» [2017-12-18] Copyright Royalty Board Increases Sirius XM Royalty Rate; Judges Announce Royalty Rates And Terms For Satellite Audio Radio Services (SDARS) And Preexisting Subscription Services

» [2017-12-06] Lithuanian Band Grabs Bronze At The Silk Road Indie Music Festival 2017; Antikvariniai Kapirovskio Dantys Competed With Bands From Belgium, Sweden, Armenia, Germany, Japan, South Africa, India, Norway, Poland, Italy And The UK As Well As China

» [2017-12-06] Live Entertainment Specialists Headliner Launch Premium Artist Booking Service; A Fully-managed Service That Simplifies The Process Of Booking Renowned Artists And Performers For Occasional Event Planners, Agencies And Brands

» [2017-11-27] Voice-Controlled Speakers & The Music We Listen Too; Music Is A Major Part Of The Way Amazon Echo And Google Home Owners Interact With Their Devices

» [2017-11-21] Nordic & British Musicians' Unions' Joint Statement On Sexism In The Music Industry; Discussions On The Issue Of Gender Inequality, Sexism And Sexual Harassment, The Scale Of Which Had Been Highlighted By The Recent #metoo Campaign

» [2017-11-13] Women Make An Impact On The 2018 MPG Awards Shortlist; Nearly A Quarter Of Those Named This Year Are Female, Proving That Music Production Is No Longer A Bastion For The Boys

» [2017-11-13] The Nashville Musicians Sound Healthcare Plan Rolls Out; Sound Healthcare & Financial Announced The Formation Of A True Group Health Insurance Policy Plan For Musicians And Industry Professionals

» [2017-11-09] Streaming & Listening Diversity - Spotify Case Study; Will Artists Have An Easier Time Finding An Audience, Or Will Streaming Focus Global Attention On A Small Number Of Stars?

» [2017-11-09] Two-Sides Of Copyright Finance: Sound Royalties & Kobalt; Sound Royalties Unearths Millions In Undistributed Royalties While Kobalt Launches Fund To Invest In Music Copyright

» [2017-11-08] Career Moves: ROLI, Live Nation Sweden, Music Glue, BBR Music Group, Warner/Chappell Music Spain & Blue Night Soundscapes; ROLI Chief Creative Officer, Live Nation Sweden Managing Directors, Music Glue Global Head Of Business Development, BBR Music Group VP Of International, Warner/Chappell Music Spain Managing Director And Blue Night Director Of Music Clearance
MusicDish Advertising Network

follow MusicDish on
Follow MusicDish on Twitter

Mi2N Music PR

The International Music Consulting Firm GINGIO Hosts Events At NAMM And Grammy Weeks

MarilynMusic Places Five New Songs With Altino Music

Award Winning Singer/Songwriter Craymo Releases December Rain (Carol Of Love) To Radio

For Folk's Sake Premieres Katie Garibaldi's 'Unhappy Holiday' Honky Tonk Music Video Debuts Claymation Music Video For 'Star In The East' By Katie Garibaldi

Veteran Recording Artist Jerri BoKeno Rekindles Holiday Jewel "This Christmas"

The Ed Sheeran Of The Hare Krishna World: Meet Cyril Wohrer

Websites: Mi2N | MusicDish*China | MusicDish Network | MusicDishTV | Urban Music News Network
Services: Submit Article | Submit News | Submit Video | Artist Development | Premium PR Distribution

Copyright © 1997-2018 MusicDish LLC., all rights reserved.
About MusicDish e-Journal | Contact Us | Advertise | RSS | Internships