Category: Articles

What is the best possible way for someone to be introduced to your music? George Walker

A live concert, a radio broadcast, a recording, a musical score and a sampling from the Internet all offer possibilities with certain caveats for those who are unfamiliar with my music.

The concert hall experience is one that I heartily support because of its unique ambience. I regard my music as a part of a historical continuum. When a work is adequately rehearsed and placed properly in the context of the program, the listener should be able to grasp some aspect of its significance in relative terms. Moreover, this acoustical environment creates a presence that cannot be duplicated by any electronic format. The downside of this environment is obvious. One performance of a new composition, with the inevitable distractions that occur in a hall, can result in only a vague impression of its qualities.

Good recordings offer unlimited possibilities for discovering the subtleties and musical connections that have flitted by unnoticed in one exposure to the music. They can reveal details obscured in the concert performance that can heighten one’s sense of personal involvement in the music.

Certain works of mine, the Lyric for Strings, the Concerto for Trombone and Orchestra and the Piano Sonatas no. 1 and 2, that have become a part of the standard repertoire, do not require a special effort to be appreciated in any venue, if the performances are sufficiently professional. However, some of the works that have been recorded are unlikely to be programmed frequently.

Lilacs for Voice and Orchestra, which received the Pulitzer Prize in Music in 1996 and has just been released on Summit Records, unfortunately must be placed in this category. The artists whose talents are represented on this recording and other recordings from Albany Records, CRI, GM Records and BIS have brought a measure of accuracy, insight and intensity to the music that make their performances superb in most cases and close to being definitive in a few others. The musical content is realized without a suggestion of the whimsical or the idiosyncratic. A composer cannot ask for more than this- for which I am most grateful.

Ways of Listening

In her life and work, Pauline Oliveros practices a simple yet extremely difficult discipline: “Always listen.”

I admire Pauline’s discipline very much. But there are times when I choose to listen to no music at all. I feel this as a physical need. After intensive periods of performance, recording and teaching, my ears sometimes tell me they need a rest from music.

Although this might seem to be a retreat from listening, I savor these music fasts as a time for listening more carefully to other sounds, and – especially in winter – to silence. Most of us are continually inundated with music and sound, these days. I feel very fortunate to live in a place where silence endures as a pervasive, enveloping presence.

In my own music, I’m still involved in writing scores. But the most difficult thing is not knowing what to write down. It’s knowing what not to write down.

I want the music to sound and feel elemental and inevitable. And before beginning to write out notes, I want to hear as much as I can of the new piece as it begins to sound in my mind’s ear. This can be a slow, sometimes difficult process. But over the years, I’ve learned to trust it. I spend a lot of time thinking, reading, looking at art, walking, listening to birds, sketching, trying to understand the essence of the new piece and what it wants to be. This can sometimes go on for weeks before I start writing out the score.

When I’m not actively working on a new piece, I sometimes listen intensively to recordings. I’m especially drawn to music I haven’t heard before, to music that I think I don’t like, and to music that’s very different from my own. When I’m listening to a recording, I don’t do anything else. I want to give my full attention to the music.

When I’m listening to a “live” performance, if the music doesn’t hold my interest I shift my attention to the sounds of the instruments themselves and the complex and subtle ways they resonate in the unique acoustics of the space. This never fails to absorb me. I learned this from Pauline.

What about you?

How do you listen? What do you listen to? Where? When? And why?

Is the free dissemination of music on the Web helpful or harmful to the economics of new music? Mark A. Fischer, Intellectual Properties Attorney, Palmer & Dodge LLP, Boston MA

Mark A. Fischer
Mark A. Fischer
Photo courtesy Palmer & Dodge LLP

Ultimately, the answer is that dissemination of music on the Internet is not just good, it’s wonderful. But reaching this ultimate stage will take some time and there will be considerable pain getting there. Right now, the economics of so-called serious music, where numerous performers (and sometimes orchestras) are required for recording, are going to be even more challenged. This is because “record companies” (someday they’ll be called something else) who cannot sell enough CDs to justify the price of recording this music will, in the short term, provide even less financial support for recordings.

But the long term is very promising. As composers and performers learn to be more adept at using the new technologies, they will reach a wider audience. It’s important to note that these new technologies include not only the free distribution of music, but the free access to information about new music, and free access to sampling music on demand. The Internet represents a new way to easily distribute music to people who love it, but getting the creative, technological, and economic pieces to work together in a way that is viable in all senses will take some time.

Is the free dissemination of music on the Web ultimately helpful or harmful to the economics of new music? Richard Danielpour, Composer

Richard Danielpour
Richard Danielpour
Photo by Bill Bernstein, courtesy G. Schirmer/Associated Music Publishers

Right now we are at a point where the current structure of how classical music is recorded and disseminated in this country is radically changing. I doubt that we will recognize the same modus operandi seven years from now.

In pop music in the 1970s, there was a fairly dramatic shift in that a lot of executives who were making records had an interest not only in making money, but in producing an artistic product of lasting value. A number of these executives had friendships and relationships with their artists. It wasn’t just business. Then all of a sudden, it occurred to a number of executives that there was an enormous amount of money to be made that was astronomically higher than the average good selling recording had been. As a result of all this, the priorities began to shift and the bottom line no longer included a desire to create products of lasting value.

We see a commensurate equivalent in the classical music industry. The effect of “pop music greed” on the classical music industry was delayed in its effect. But eventually what happened was that a 15,000 unit sale (which had been considered very good for classical music) was no longer worth working for when one compared those sales with the sales of pop music’s flavor of the month. As a result, this gradual infusion of “a different priority” in the world of classical music had necessitated the need for changes both from the consumer’s end as well as from the artist’s point of view.

In my opinion, what we are seeing with Napster and the mp3 phenomenon is in some ways a reaction to these changes in the record industry. While I do not believe that a composer’s work should automatically be public property, I do clearly understand how in this age of big business with little or no aesthetic awareness dictating what people will listen to, that such a phenomenon can and will unfold.

I think that you have to deal with what causes the illness before you can find a cure. Today there are a number of small labels in the classical music industry whose CEOs have returned to a greater sense of artistic awareness and aesthetic concern. In the bigger companies, however, you often see executives who while being better than average businessmen have at best an adolescent understanding of the product that they’re putting out.

Without an awareness of the quality of the artistic product and what needs to be done to release a product of high artistic quality, you can’t expect inventive ways of dealing with the Napster problem. The problem lies in addressing the work first.

Classical music has never been a mass industry and never will be. Because of this, the way that Napster and mp3 will effect classical music will always be less dramatic that its effect on pop music. It is however an unavoidable reality that will have to be dealt with creatively.

Is the free dissemination of music on the Web ultimately helpful or harmful to the economics of new music? Jeff Harrington, Composer and Computer Programmer

Jeff Harrington
Jeff Harrington
Photo by Elsie Russell

What we have today on the Web music distribution scene is chaos. Nobody is making much money selling music on the Internet. A few of us are selling CDs and a few are getting paid by the download, but on whole there is no working music business in place. What we do have on the Web, though, is an audience and that is new music’s first big problem. Shrinking audiences. Dying audiences. How can we be worried about the economic impact of this or that technology when we don’t even have people’s ears?

Radio, of course was the first free distribution model. Most new music composers would love to have more radio broadcasts yet these same musicians have fears about uploading a few MP3s. How many of us have not “illegally” taped a radio broadcast and then shared it with friends? For that matter, how many new artists have you learned about from “home-taping pirates?” Free music is everywhere, not just on the Web. Free music distribution on the Web is really just another type of radio but now the listener is the DJ sampling “songs” for a few seconds until his or her ear is excited.

On MP3.COM there is little or no critical hierarchy. There is little order at all, in fact. This might present a problem to many people who don’t want their music lumped together with hobbyists and random genres of musicians who might call themselves “experimental classical” or whatever. But for those who want listens by any and all people and not just the “new music expert” audience, it presents an amazing opportunity to do new music outreach to new audiences – and this will benefit the entire community.

No one can know the long-term consequences of this anarchic style of listening but anybody who thinks it is unhealthy to the future of new music is naïve. We need new audiences. We need to engage them and get them to consider composing new music themselves. New music has to become ubiquitous to survive. It has to become as vital a listening option to young people as any corporate pop cultural candy.

When the systems are in place, we can look at them and decide how best to exploit them to our artistic needs. But today, I believe that there is great benefit to getting on board and getting your name recognized as an interesting figure on the web new music scene. Remember, early adoption ensures Web search engine placement and if a critical hierarchy does develop (which it most certainly will) it might provide some benefit in that regard also.

The ladder of careerism has lost all of its bottom rungs. Most new music composers, are in a state of deep fear that their music will never be heard, much less reap them economic benefit. We all got into new music to be heard and people on the Web are listening. Why not take the risk and upload an MP3?

Is the free dissemination of music on the Web ultimately helpful or harmful to the economics of new music? Amy Knoles, Composer and Percussion, California EAR Unit

Amy Knoles
Amy Knoles
Photo by Richard Hines

I think of Napster as radio for the Zeros. It’s great advertisement. There is a new mp3 player that has just come out, it looks like a cassette player. The quality of mp3 files are actually worse. People who download music buy 5 to 1 the number of CDs of people who don’t. People who listen to new music are generally sensitive to the quality of the recording and would most likely buy the CD after auditioning it from a downloaded file. If someone heard my music and could not afford to buy my CDs, I would hope they could acquire it via a free download.

It would be wise to try to find a way sign a blanket licensing agreement (ASCAP/BMI) with Napster since I believe it is the most structured site out there. To destroy Napster would only mean giving more power to rouge un-tameable software distributors making it impossible to track.

Is the free dissemination of music on the Web ultimately helpful or harmful to the economics of new music? Amy Scurria, Composer

Amy Scurria
Amy Scurria
Photo by Phyllis Berger

mp3 – A Young Composer’s Perspective

Every young professional must at some point give more than they gain in return. Whether it be a beginning salary or a starting position, and all young professionals step out into the work force with the promise of growth and increased success. As a composer, I view mp3 as just another tool to be used for marketing and exposure. For the first time in history, we have the capability to provide sound bytes for listeners around the world. To me, it’s absolutely and undeniably exciting!!

I’ve had some fellow composers question my choice to upload my music to mp3 with the fears that somehow I am giving my music away for free. But, to some degree, you have to do some of that when you are first beginning. Would I be better off with my pieces sitting in my apartment with me gathering dust? Of course, I wouldn’t! Music is meant to be LISTENED TO and that is the very reason that I write. I believe that I have something worth saying and hope that somehow the sounds that I produce will be a gift. With a wonderful publisher (Theodore Presser), an active composing life, and an increased opportunity to be heard, there is certainly a hope for future return. If I were on a major label at this point, I would probably not see any more money from the CD sales as I do from mp3.com. What I would see would be increased exposure and opportunity, which is exactly what mp3.com provides for me. A composer makes money primarily from performances and commissions. So far, having my music on the web has lead to an increase in both of those areas. The music that I have on mp3.com is NOT the last music that the world will hear from me. In fact, it is only my beginning. Will I be on mp3.com forever? I hope not. I quite honestly prefer hearing my works in the concert hall. But for now, it’s a great tool to gain further exposure.

My passion, my love, my world, my everything has been to write music. Since my earliest memory at three years old, I have loved and lived for music. I have prayed and prayed and prayed my whole life for the chance to have people listen to what I create and what I will create in the future. Suddenly they are, and are able to listen! Why in heaven would I hinder that? Surviving in the world of music is difficult, yes, but it is an exciting journey!! I will always compose with my pen, paper, and piano: nothing new. But to ignore the possibilities that today’s technology can provide, I simply cannot!

The Gift of Songs? (Napster)

A few years ago, my friend Ari Vahan asked me to compose two songs on poems she had written in her native Gwich’in (Northern Athabascan) dialect. Ari used these songs at a summer camp to teach young Athabascan children a little of the language of their ancestors.

The following winter Ari traveled out to Bethel, in Yup’ik (Bering Sea Inuit) country. While she was there, she sang one of the songs. A woman who heard her asked Ari for permission to translate the text into Yup’ik and to sing the song at the Naming Ceremony for her daughter. Not long after this, Ari was in Anaktuvuk Pass where someone asked for permission to sing the song in the local dialect of the Nunamiut, the Inuit people of the Brooks Range.

Since then, this little song has been shared with people in other villages throughout Alaska. This has been profoundly gratifying to me. One of a composer’s greatest aspirations is that someone else will make the music their own, that the song will have a life of its own.

In the Native cultures of Alaska, no individual owns land. The land belongs to everyone, and to no one. Songs, however, are somewhat different. Songs are made to be shared. They are gifts.

But the gift of a song can only be given by the person who made it, or by someone to whom the composer has explicitly “given” the song. No one from a traditional Native culture would dream of using a song without asking for and receiving permission. This is a practice of fundamental courtesy and respect, in recognition of the mutual rights and responsibilities of the composer and the community.

The world in which most Western composers live and work today is driven more by commerce than community.

In our mass-market capitalist society, what responsibilities do “consumers” have to the people who create the music that they use? In the new economy of the Internet, what rights should composers have to receive compensation for our work?

Is music a commodity? Is it a gift? Can it somehow be both?

How do we honor both the life of the song and the labor of the person who created it?

Intellectual Property: Whose Song is it Anyway?

Heidi Waleson
Heidi Waleson
Photo by Melissa Richard

Intellectual property has been a locus of debate for centuries. The difficulties of establishing standards for its ownership and exploitation stem from the fact that such property is not tangible, but rather the expression of the human mind and spirit. What is more, most creations of this kind can only be shared if they are given physical form by some means, and if that physical form is duplicated in some way. Music is even more problematic than other art forms in that anyone’s experience of music is ultimately an experience of a duplication of a musical work, whether via an actual live performance or some form of transmission of a performance. So who reaps the financial benefit of that duplication?

The development of copyright law (and its related areas of trademark and patent law), reflects attitudes toward such property that vary from culture to culture, but is concerned with balancing the rights of creators with the utilitarian needs of consumers. In some minds, copyright exists to compensate and protect the artist; in others, to stimulate the artist to produce more art, but not at the expense of the marketplace. Rapid technological advances have made the marketplace a more and more open area.

The current battles over music and the Internet are the most recent step in the struggle of copyright law to keep up with technology, a race that has been particularly intense during the 20th century, with its constant advances. Think about sound recordings, radio, movies, television, the photocopier, the DAT player. Rights that come into question with each new development tend to be fought out in the courts — and often decided in favor of the consumer, rather than the copyright holder. This leaves the US Congress to devise revision of copyright legislation to take new issues into account, and the Congress has tended to be a decade or two behind each of these developments. The following is a brief timeline of the development of copyright in the US, particularly as it applies to composers, offering a bit of historical perspective on an issue that never seems to be entirely resolved.

Copyright provides protection for original creative works. Its basic provisions are set out in the Copyright Act of 1976. It is actually a “bundle” of rights. Copyright owners, or those they designate, are the only ones who may exercise these rights which are: the right to reproduce the work in either copies or phonorecords, the right to prepare derivative works (new arrangements, for example), the right to distribute copies or phonorecords of the work to the public, the right to display the work, and the right to publicly perform the work.

These rights are secured automatically upon the creation of the work in a fixed form. Publication is not required, nor is registration with the Copyright Office, though such registration makes fighting infringement easier.

These rights may be assigned to others; composers, for example, often give publishers the right to publish their works and administer their copyrights. Copyright law also provides for the recovery of copyrights that are assigned to others after a certain amount of time has elapsed. The copyright owners, or those they designate, may extend various licenses to users. These include mechanical (recording), non-dramatic performance (also known as small rights), grand rights (for use in dramatic performance; opera and ballet are included here), synchronization (use in a soundtrack), print (sheet music), and commercial licenses (use in advertisements).

There are various limitations to the copyright owner’s exclusive control over the work. Most important is the concept of “fair use,” which provides for use of the copyrighted work in such activities as criticism, commentary, parody, news reporting, teaching, scholarship, and research. The limitations of fair use have been developed through court cases. The factors used to determine if a fair use defense applies are: the purpose and character of the use (is it commercial or non-profit?), the nature of the work, how much of the work is used in relation to the whole, and the effect of the use on the potential market for, or value of, the original.

 

Intellectual Property: Whose Song is it Anyway?
by Heidi Waleson
©2000 NewMusicBox

The printing press was the first technological advance that forced recognition of the question of who would benefit from the mass distribution of an artistic product. The first law that addressed this, the Statute of Anne, was passed in England in 1709, enabling the Stationers Company, until then a publishing monopoly, to protect their rights in the works they purchased from authors against other printers. The term of the protection was 28 years; the author could get back the rights after 14.

The first US copyright law was passed by Congress in 1790 as “an act for the encouragement of learning”; it extended a 14-year copyright to books, maps and charts. In 1831, music in notated form was specifically protected; until that time, it was often copyrighted as a book or engraving. The term of copyright protection has changed over the years. The 1976 Copyright Act protected new works for the life of the author plus 50 years; the 1998 Sonny Bono Copyright Term Extension extended the term for works still covered by copyright by 20 years, making the term life of the author plus 70 years.

In the 19th century, problems raised by new uses and technologies required new ideas about the extent of copyright. In 1853, for example, when Harriet Beecher Stowe‘s novel Uncle Tom’s Cabin was translated into German without authorization, the court allowed it. But in 1870, a comprehensive revision of copyright by Congress prohibited unauthorized new uses of literary works, such as translations or dramatization. In 1865, photographs were protected for the first time. At the turn of the century, when Thomas Edison sued over the unauthorized duplication of a motion picture, the trial court ruled against him, because movies were not specifically protected. In 1903, that decision was reversed on appeal, and in 1912, movies were added to the copyright domain.

 

Intellectual Property: Whose Song is it Anyway?
by Heidi Waleson
©2000 NewMusicBox

At first, music copyright holders derived most of their income from print rights. The 19th century saw a huge market for sheet music — ten thousand songs were published during the five years of the Civil War alone — and by the end of the century, cheaper production and transportation made it even greater. However, there was nothing in the copyright law about recorded music, and new inventions like piano rolls and phonographs were starting to erode the publishers’ income — you could buy the record instead of the sheet music in order to play it yourself.

As usual, a court case came first, with a music publisher [White-Smith Music Publishing Co.] suing the Apollo Company, which manufactured player pianos and piano rolls. In 1908, the court decided for Apollo, but the revised copyright law of 1909 recognized the need for some regulation in this new area, and prohibited unauthorized “mechanical” reproduction of musical compositions, which included phonograph recordings and piano rolls.

In order to prevent monopolies on the part of single manufacturers, however, Congress also created a compulsory license. Once the copyright owner had authorized one company to make a recording of a song, any other company could make its own recording of the song, on payment to the copyright owner of two cents per record.

The provision remains, though the amount has changed over the years. Most mechanical licenses are issued on behalf of publishers through the Harry Fox Agency, which was founded in 1927 and is part of the National Music Publishers Association. The agency also collects and distributes royalties. In 1972, a copyright in sound recordings, one that protects the performance rather than the work, was added.

 

Intellectual Property: Whose Song is it Anyway?
by Heidi Waleson
©2000 NewMusicBox

In 1897, Congress gave composers a public performance right — that is, the right of the copyright owner to collect a fee for public performance. This right was difficult to enforce, because hundreds of dance halls and restaurants all over the country had musicians giving unauthorized performances of music, and it was impractical for the copyright holders to collect fees for so many performances. What is more, the 1909 copyright law specified that such performances had to be “for profit” if royalties were to be collected for them. In 1913, nine composers and music publishers formed ASCAP, the American Society of Composers, Authors, and Publishers, to come up with a way to protect the performing right. Once again, a court case led the way: in 1914, ASCAP filed two suits, against a hotel and a restaurant, for performing music by John Philip Sousa and Victor Herbert. The defendants contended that because the patrons had not paid for the music, the performance was not for profit, and the lower courts agreed. But an appeal to the Supreme Court overturned those decisions in 1917. The Court argued that the performances were part of the experience in the restaurants, for which the patrons were paying. “If music did not pay it would be given up,” the decision said. The copyright owners were thus entitled to their share.

This point having been established, ASCAP organized a royalty collection and distribution system. Composers, authors and publishers became members of ASCAP, and gave the society the right to license non-dramatic performances of their works. (This excluded “grand rights,” or the use of the work in a theatrical performance, a right that was retained by the composer, author and/or publisher.) ASCAP issued a blanket license to dance halls, hotels, restaurants, and other entities that performed live music, giving them the right to play anything in its catalogue. ASCAP distributed royalties to its members based on a formula of the relative popularity of their works that was derived from sampling the licensees.

Nowadays, the three performing rights societies (ASCAP, BMI and SESAC) issue various types of licenses. Other entities (such as radio) have been added to those who must license the music they use, and the new ones just like the old ones continue to resist it. Most music consumers would really rather not pay for music — consider how fans justify the circulation of pirated recordings — and don’t see why they should have to. The intermediaries, from taverns to TV stations, still try to avoid it.

 

Intellectual Property: Whose Song is it Anyway?
by Heidi Waleson
©2000 NewMusicBox

With the invention of radio, a new method of distributing music began to supplement and eventually replace the prevalence of live performance. The American Society of Composers, Authors and Publishers (ASCAP) got busy licensing radio stations as well, winning several legal battles to establish its right to do so.

In the 1920s and 1930s radio burgeoned enormously, as did ASCAP’s expectations for license fees, and since it had a monopoly, it could name its price. Radio broadcasters decided to take matters into their own hands, and set up their own licensing operation. BMI (Broadcast Music Inc.) was established in 1939, and signed up its own composers. ASCAP’s license agreements were due to expire at the end of 1940, and the big radio networks refused their steep new terms.

On January 1, 1941, ASCAP music went off the air, except on a few independent radio stations that had signed new agreements with ASCAP. By the end of the year, ASCAP had come to an agreement with the networks, and ASCAP music was back on. Composers now sign with ASCAP or BMI. Publishers have differently named entities so that their composers can sign with either of the two licensing societies. A third society, SESAC, fo
unded in 1930, also licenses music and collects and distributes royalties.

 

Intellectual Property: Whose Song is it Anyway?
by Heidi Waleson
©2000 NewMusicBox

The next new technology to threaten copyright owners was the photocopy machine. With this invention, every user became a potential copyright infringer, and the question of fair use got a workout. The first significant legal battle pitted a publisher of medical journals against US government libraries, and after a protracted battle up to the Supreme Court, which gave its decision in 1975, the libraries successfully defended their right to make copies of journal articles. If libraries could do it on a large scale, then what about individuals? The 1976 revision of the copyright act gave copyright owners the exclusive right to control reproduction of their work (with a specific exception for libraries), but the prospect of policing individuals raised both practical and privacy concerns. It was even difficult to police the sort of large-scale copying that was clearly illegal: Music publishers, for example, had to contend with the copying of music by choirs.

Easy private copies were soon to have counterparts in the audio and video areas. The next fight centered on the videocassette recorder. In 1976, a movie studio, Universal, sued Sony over its Betamax machine, claiming that home taping would cut into its profits. After seven years in the courts, the Supreme Court finally held for Sony in 1983. It would take almost another decade before creators got any kind of relief from consumers making private copies. That was kicked off by the introduction of digital audio taping technology in 1986, which raised the threat of machines that could make copies of copies with no deterioration in the sound. Another long wrangle finally produced the Audio Home Recording Act of 1992. This law required that Serial Copy Management System (SCMS) controls be incorporated in digital audio equipment sold in the United States, so that the machines could make a copy of a prerecorded tape, but not a copy of a copy. What is more, manufacturers of blank digital audiotapes and digital audiotape equipment paid a statutory levy, which was to be distributed to the creators, artists, and record companies who made the recordings. Several funds were created for this purpose.

 

Intellectual Property: Whose Song is it Anyway?
by Heidi Waleson
©2000 NewMusicBox

The last decade has seen new legislation in the copyright area, once again in response to a new technology — the Internet. The Digital Performance Right in Sound Recording (DPR) of 1995 gave copyright owners of sound recordings (that is, the record companies) the right to authorize public performances, such as certain digital transmissions, including interactive audio transmission, of their work. Traditional radio and television were exempt. Next, the ‘No Electronic Theft’ Act criminalized sound recording copyright infringement occuring on the Internet regardless of whether there was financial gain.

The Digital Millennium Act (DMA) of 1998 implemented the international treaties signed in December 1996 at the World Intellectual Property Organization (WIPO) conference in Geneva. These treaties raised minimum standards for international copyright protection. The DMA amended the 1995 DPR to cover cable and satellite digital audio services and web casts. It also made it a crime to circumvent anti-piracy measures in software, outlawed code-cracking devices, and limited the liability of Internet service providers for copyright infringement in the information transmitted on their networks.

As the DMA requires webcasters to pay licensing fees to record companies for use of their sound recordings, another licensing system was required. The Recording Institute of America (RIAA) represents sound recording copyright owners in these negotiations. In September 2000, the RIAA and Yahoo agreed to parameters and conditions for music broadcast via Yahoo. In October 2000, the National Music Publishers Association and the RIAA agreed on procedures to facilitate licensing of musical compositions in recordings for Internet distribution. Like other “mechanical” licensing, this would be done through the Harry Fox Agency.

In the freewheeling world of the Web, the old arguments about who owns what are being played out once again. Technology innovates, and consumers take free access to the intellectual property made newly available for granted, until someone puts up a fight. The Napster controversy has echoes of much older ones. And while Internet technology has the real potential to actually charge consumers for the intellectual property they acquire through cyberspace — think of the ultimate pay-per-view — the legal history of this area indicates that getting there will not be easy.

 

Intellectual Property: Whose Song is it Anyway?
by Heidi Waleson
©2000 NewMusicBox

Is the free dissemination of music on the Web helpful or harmful to the economics of new music?

Mark A. FischerMark A. Fischer
“…dissemination of music on the Internet is not just good, it’s wonderful…”
Richard DanielpourRichard Danielpour
“…I do not believe that a composer’s work should automatically be public property…”
Jeff HarringtonJeff Harrington
“How can we be worried about the economic impact of this or that technology when we don’t even have people’s ears?”
Amy KnolesAmy Knoles
“I think of Napster as radio for the Zeros…”
Amy ScurriaAmy Scurria
“Will I be on mp3.com forever? I hope not…”