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- Title
Dollars, Downloads and Digital Distribution: Is "Making Available" a Copyrighted Work a Violation of the Author's Distribution Right?
- Authors
Wiehe, Kristy
- Abstract
Recent litigation initiated by members of the Recording Industry Association of America asserts that "making available" a copyrighted sound recording on a peer-to-peer (P2P) file-sharing network is a violation of the copyright holder's exclusive right of distribution. The RIAA's "making available" theory is too broad, and contradicts both the plain language and legislative history of the Copyright Act, which give authors a narrow distribution right. This Note proposes a solution both to the narrow legal issue as well as to the broader business issues facing the recording industry today: namely, that the music industry must provide an economic rationale for consumers to purchase music. The Note concludes by proposing potential incentives that the industry could use to entice consumers to purchase music instead of illegally downloading it.
- Subjects
COPYRIGHT of sound recordings; SOUND recordings; MUSIC downloading (Computers); COMPUTER file sharing; SOUND recording industry; RECORDING Industry Association of America Inc.
- Publication
UCLA Entertainment Law Review, 2008, Vol 15, Issue 1, p117
- ISSN
1073-2896
- Publication type
Article
- DOI
10.5070/lr8151027109