Legality of The MP3

By: Ker TheLawyer

Copyright Law

Copyright law is designed to allow the copyright owner the exclusive right to prohibit or to do certain acts with regard to the copyright material. Two of these rights are the exclusive rights to copy and distribute the material. The right to reproduce copyright works is commonly held as the fundamental copyright right. It is therefore clear why MP3 technology is contentious within this branch of intellectual property law as it operates off this core principle.

MP3 effects on Copyright

There are two primary arguments between those opposed to MP3 file sharing and those in favour of it. The first argument, held primarily by the recording industry and some in the legal profession. From the perspective of the recording industry the problem with MP3 technology is that it is insecure. There is no incorporated copy-protection meaning that files can be copied, and copies can be copied. The recording industry has successfully argued in numerous cases (eg A&M Records v Napster) that the downloading and sharing of music via peer-to-peer networks infringes their copyright. They have argued that the initial downloading of music constitutes the making of an illegal copy of the file. Furthermore by allowing access by other users to that file on a file sharing network the recording industry argues that users also illegally distribute copyright material. “The combination of these new technologies has resulted in an increase in the amount of copying that individuals are able to do and, in the major record labels. This technology is therefore seen as the primary factor in the increase in copyright violations with regard to music that the recording industry has been effected by.

The second argument is one proliferated primarily by users of MP3 technology and cultural theorists in favour of the free spread of cultural product.

The argument supporting the use of MP3 technology is that it is merely a file format. Whilst it does have the potential for unauthorized and copyright infringing uses; it may also be used for legitimate reasons. They assert that the exercise of copyright law over the digital environment stifles possibilities for innovation of the means of distribution of music and digital files. They further claim that copyright law needs to face reform to become better equipped to handle issues such as MP3 file sharing where the boundaries between what constitutes an infringement and fair use are blurred. Furthermore they maintain that there is no unambiguous proof of the industry’s claims that on line theft is resulting in the fall in the popularity of recorded music.

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CAZine: issue 5, November 200910.0101

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