MusicDish e-Journal - April 20, 2018
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Digital Music and New Media: Legal Issues vs. Business Practices
By Eli Wendkos
(more articles from this author)
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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?

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