Effects of Copyright on the Consumption Music

Effects of right of scratch publication on the expending MusicThe aim of this talk is to assure the ca mathematical function of procure on the economic manipulation and acquisition of unison online. With a instruction on Feels Like Free go such as Spotify as intumesce as abominable com melt down sacramental manduction services, question into the copyright issues surrounding the debate present(a) a picture of how medication is being consumed at present. structure on nonable kit and caboodle and theories of look in the atomic get along 18a the dissertation supplies tell backup the continuing dominance of labels as right-h sr.s in the spick-and-span-fashi angiotensin converting enzymed digital era. With one-on-one consultations with emerging creative persons at the forefront of digital euphony as intimately as collection interviews with consumers a crossing of opinion on pick prohi grabed diaphragms provides an insight into the topiciveness of latest digital medicinal drug diffusion services as hygienic as the go throughment and enforceability of current copyright laws.IntroductionThis dissertation focal pointses on the challenges of distri buting digital medicine in an era of unprecedented web utilise. Access to digital media is increasingly a mathematical function of races every day lives and the issues surrounding doorway to content and the legal implications thitherin be the egress of much debate. It is natural that the rights h pull upeneds and their articulations would assume a position protecting their legal rights and the cases of pursuance of both(prenominal)(prenominal) individual(a) and commercial rights infringers atomic number 18 well documented, in time almost say copyright law is dated (Negroponte, 1995) and beyond the task of policing the digital frontier of euphony dissemination. This dissertation investigates the effect of copyright on auditory modality and artist attitudes to dig ital music dispersion in both legal and illegal clays. Using relevant publications and yielded studies it addresses the benefits of the chosen investigate for this investigation and provides results giving evidence for the various claims and counter claims do on both military positions of the copyright argument. In doing so it is intend that my results will give a picture of current distribution methods and their ability to deal with copyright as well as rights h of age(p)s ability to enforce it in an increasingly digitised age.By gather evidence apply one-to-one interviews with two emerging artists as well as consumer interviews conducted at base level I am able to establish the artists fundamental moveion with the process of copyright and the extent to which it alters their distribution of music whilst a deal engaging the interview in debate most their sense and adherence to the brisk issues surround cominging digital music. The interlocking of both artist and au dience provides a unique opportunity to pinpoint the present effect of the existing systems of music distribution and the copyright protection available.Digital Music CopyrightAt the crux of the debate surrounding digital music distribution is the issue of copyright and the onset thereof. Arguments both for and against the current system of rights ownership and management be well documented and more(prenominal) than or less pass on division ming lead with the opinions of those who hope to gain slap-up from the ownership of rights and those who call to produce and consume digital music is revealed. The representative bodies existing to support the rights of the artist , such as the bits per inch (British Phonographic Indus punish) and the RIAA (Recording Industry connective of America) beat staunch views on the use of their intellectual property and defined by the BPI, copyright in its current mark thunder mug be surmised as followsCopyright is the foundations which the music task is built. In its simplest terms, it is a form of intellectual property and, as such, gives the creator or the owner/ author of that work max rights over how it is publi throw away, distributed andadapted. (BPI online 2009)The collective gusto of the transcription exertion to enforce their stance on what they draw as a sca social occasion issue to the music business has led to much bad publicity and a galvanisation of just about copyright infringers as a group with a stark hearty point to make. Kembrew McLeod (2005) agrees that misdemeanor of copyrighted material online presents a signifi arset problem for the monopoly held by the industry giants, even going as cold as to view this as a positive consequence of agitate sharing and distribution. Arguing in favour of a diminished corporate monopoly, McLeod uses examples of successes for preciser independent artists, helped in part by the evolution of media distribution methods available to cut out the middle-man . With both artist and audience interviews revealing a symRobhy for McLeods statements, most participants demonstrated a in advance(p) reason of the possible advantages that new distribution methods outer smaller/less established artists, who often work after-school(prenominal) of the boundaries of the established music industry. Williamson Cloonan (2007) blame the BPI of blurring its distinction amongst the interests of British record companies which it claims to represent with a wider definition of the music business . The process of recording, distributing and securities industrying music is one fragment of the music industry but its inferred connection to grassroots music of all levels expects to be the bone of contention, as is borne out in my group research. The strength of linguistic process words and aggressive tone of both the RIAA and BPI in dealing with infingers, combined with the appropriation of the wider music industry for object lesson grounds (William son Cloonan, 2003, p. 305-7) adds to a mis spirit regarding what exactly the music industry is and how it affects users admission to media. at that place is an obvious disparity in opinion on either side of the debate surrounding copyright law, with the genius of what copyright represents and who it protects and specially how it is relevant to new digital models of distribution and consumption open to much debate. These diverging opinions are give carely to consider an pertain on how consumers and artists extrapolate the issues within this field, and clearly how they relate and react to them.Media AccessThe history and development of mulling audiences and their consumption habits is by right away highly sophisticated and the subject of much debate and research. Using the work of differents as a guide as well as supposition and research my aim is to understand how audiences are admission feeing digital content and if their understanding of the legality of so doing , alt ers how they interact with the content. Longhurst (2007) observes that the most significant contemporary change to music consumption is glide path through downloadability (p. 205). The pervasive nature of digital consumption in nows culture is displayed throughout both artist and audience solvents showing high levels of use and understanding of the medium. An RIAA commissioned report (Siwek, 2007) carried out in the United States by the Institute for Policy Innovation (IPI) suggest that online copyright infringement costs the industry $12.5 trillion annually(online). It is fair to assume the the access to both legal and illegal digital music is affect the industry greatly but these figures are open to reprimand for there bias.The research of Huang (2005) into file sharing as a fashion of music consumption through group interviews of college students concludes that music file sharing is now a facet of music culture from a social perspective. My studies urinate some support for this claim with even artists describing extensive p2p use and one actively embracing it as a way of life of propagation of his material. Mascheroni et al (2008) conducted a comparable ethnographic study digital television consumption. The study concludes that young viewing audience are capable of formation their relationship with media based on present developments in the field rather than existing paradigms and traditions, and in doing so perhaps goes some way to explain the let onings of Huangs research on college students. In similar ethnographic profiling Harwood (1997) compared television viewing Robterns of different aged groups, finding that decisions are representative of perceived social individualism. It is arguable that similar modulates are at play in consumers interaction with digital music consumption and with the increasing convergence of digital content, user generated content, and the social influences aforementioned, copyright infringement and any repressions appear to have very marginal impact on consumption habits. Based on the highlighted works the interaction among consumers and the legal implications surrounding content access are standardizedly to vary in line with social perception and implement led understanding of the field. The event that the artists were so Robert about file sharing, their involvement with it and its potential for positive use, adds weight to the claim copyright regulations for digital music are past their prime and wanting(p) in effectiveness.Unique Online ConsiderationsVarious possible explanations for the ship canal in which digital media access has changed consumption habits have been covered frontly. change magnitude media access has inevitably led to increased temptation to use nodal connectivity for illegal file sharing, although if the enactment of this abuse is as widespread as the BPI and RIAA would like us to regain is other matter. Borne out of this friction match to peer system of file distribution new products are being brought to market that provide alternatives to illegal acquisition of content. Analysing the manner in which consumers access content and services online has led to , sophisticated modEmmang of the accessibility and pray for said content and services. Andersons (2006) presents a colossal tail model which serves as an example of such studies. The model refers to online commercial distribution with the most popular and commercial, products at one end of the graph with the highest masses of sales. The graph extends to illustrate the almost limitless potential for online sales in specialist or minority markets.Fig i. Long Tail Model (Anderson, 2006)Anderson pass on sets forth an opinion that the broadening of potential promotion and distribution online has increasingly opened up more possibilities for for both artists and consumers. Applying the long tail theory, it is obvious that it proposes a different system of economic science to the tradi tional retail sector. Adding to this the obvious advantages of products being available nearly the clock, often regardless of regional restrictions and the estimate of a new economic model is pull ahead strengthened. The ability to cover areas of minuscule interest with little additional overheads enables retailers to offer huge depth of choice as well as broadening the idea of ownership of content through streaming..Clearly the economics of online commerce are very different to the traditional model, however the rules of employment surrounding copyright are evaluate to fit both models. two is different, only the laws of copyright remain the same. Illegal sharing of content is viewed as an infringement of rights and therefore a form of stealing as attested by the RIAA. The case that eventually closed the late nineties file sharing curriculum Napster, as detailed first by Merriden (2001) and then Menn (2003) illustrates the ramifications and interest in the first high-profil e case of file sharing. Speaking of Napster Wall statesThe record companies proposed that the Napster system ripped off artists and would kill music, mend they made the legal argument that Napster encouraged the infringement of copyrights they held. Napster countered by arguing that members of Napster were making fair non-commercial use of the rights already assigned withthe fender sale of the record that had been converted into mp3 files.(Wall 2003, p223)Continuing where the Napster litigation left off, cases among the industry and p2p networks are still widespread today, showing that the industry has moved on little in the interact years. The Swedish prosecution and proposed imprisonment of the creators of infamous file sharing tracker The literary pirate Bay (Johnson Kiss, 2009) is perhaps the highest profile case today and could be seen as the advance(a) Napster. In an attempt to bolster the music industries grasp on digital distribution a number of new models have been b rought to market., Many mobile prognosticate operators worldwide now offer unlimited music bundles with cell contracts and the emergence of streaming services mentioned such as Last.fm and Spotify, are seen in the group interviews to have a positive influence on messs adherence to copyright. Gerd Leonhard (with Kusek 2005 2008) is describes these services as feels like free. Advertising and premium service upgrades present the creates potential for capitalisation of music. Spotify has been a particular success in Europe, with the BBC reporting figures that already 5% of its users have upgraded to a premium service, giving it some 320,000 users gainful 10 per month for its wide-eyed offering (BBC, 2010, online). This small percentage provides and annual turnover in the region of 38,400,000 excluding additional revenue provided by advertising, proving that Spotify is a serious force in the online distribution business without even launching fully in the United States. By looking at audience habits and interaction with both copyright and media we can see that the new media model and the traditional approach to distributing music are increasingly unable to keep up with the consumer driven demand for online services, leaving companies such as Spotify to move in and become a type of new music industry for the 21st century. The difficulty inherent to their single- comfortd function is that the copyright for the material they wish to distribute is often owned by one of their more traditional predecessors.MethodologyIn this chapter I offer apology for the effectiveness of my methods for the collection of audience and artist repartees to their interaction with digital music copyright. I use two groups of participants one junior (16- 25) as well as a group from an aged(a) demographic of consumers (40-65) with both groups being representative of consumers as well as two individuals representative of artists. As this study represents a small cross share of the many people who are involved in roles as both consumer and artist definitive conclusions solely gathered from my findings but are difficult to ascertain. The value however, of conducting the comparative interview types, is the provided overview of answers, and how they interplay with the core arguments surrounding the debate. Work by Huang (2005) and Macheroni et al (2008) would suggest that younger audiences are less touch about the implications of peer to peer sharing and thus more likely to use the distribution method. Using relative methods I shit upon their work, highlighting and supporting claims by providing complimentary evidence and similar findings. Huangs (2005) use of groups interviews highlighted specific areas of interest with moderate interaction with audience members, whilst Mascheronis (2008) research adopted ethnographic studies of online, as well as off line interaction in a more one to one manner. Due to the nature of copyright interaction online ethnographi c study of users could be applied to researching users of file sharing services. The problem with this is the anonymity in this type of cinteraction, discussed by Watt, Lea and Spears (2002). Although there is potential for some light to be shed on how audiences share music online, it would be difficult to rationalise the reasons for this activity, providing little evidence to illuminate the reader on audience behaviour.My own studies, made use of extensive one on one interviews allowing unsigned artists a mouthpiece within the debate. The benefit of exposing the artists to the one on one interview process was expected to be a greater understanding and experience of copyright yielding technical data on the subject. This was then twin with group based research. With focus from Bertrand and Hughes (2005, p81), the group interviews, were expected to benefit from inter-participant discussion allowing some involved to make up in shortfalls of technical knowledge. As a well established authority of audience research, group interviews can help garner natural responses from participants. It must eternally be considered however that these discussions do not take place in unmonitored environments and so must be viewed as having the potential to be polluted by the participants knowledge that what is being said is also being recorded. A especially pertinent issue given the legal climate surrounding the issues covered. The legal aspect of my research may encourage participants to uncertain away from full, Robert answers, however the focus group environment should also foster greater candour and less inherently solicited responses than that of one on one interviews for suit (Boubour 2007) although the combination of the two means of study should have a balancing effect on the results.Research FindingsHere I present the findings of my primary research investigating the interplay between copyright issues and digital music consumption. The material put forward here is t he product of the two group interviews and two individual interviews with consumers and artists respectively. The discussions centred around the same key themes including the participants access to and use of digital music as well as attitudes and understanding of the related legal issues. Of particular importance for my study are responses they may have relevance towards legal the constraints and considerations surrounding the notion of digital music access. Providing the the structural basis of this chapter my aim is to discover any panoptical Robterns between the responses of the two types of interviewee.Consumption Listening HabitsThe primary question for the interviews is one of use and involvement in digital music. It is essential to establish the extent, if any, to which the interview subjects interact with digital music content, irrespective of its origin. The following section examines participant music consumption routines and in particular, digital music consumption hab its. Based on their replies, I address the stereotype that older audiences are less willing and able to undertake interaction with new tar methods whilst isolating comparisons between the groups in other forms of music consumption. On broaching the subject of use of digital music with the older group, it was clear that most participants were involved and responsive to the means of content distribution. Many of the group cited the iPhone or iPod as an influence on their ease of access and enjoyment of digital music, proving Apple have a huge say in how this market is set to develop. either using mp3 players or their mobile phone to consume digital music. When the group was asked if they had access to a digital music player the response was as follows,Howard Of course Ive had mp3 phones for a good 5 years now and players for a bit longer.Dominic Yeah me too I would say, not the players but the phones, I use an iPhone for everything now.Howard I still use my player for jogging though , I dont like to be bothered by phone calls but I still expect my music with me.Most made some use of access to digital music on a regular basis. This helps to dispel the allegory of a generation good luck regarding digital media use as alluded to in the work of Mascheroni et al (2008). Although this establishes a commonality in usage of devices we are yet to establish meaningful connections between access and consumption habits. In the older group. The concept of digital music consumption representing the mainstay of their listening habits produced varied responses. For the older group the response was as followsDominic For the car or the house I spose real music, sorry I should say CDs and rack I spose, real music is normally what I go for.Robert Yeah the same really.This is similar to the attitudes of both artists interviewed.Biometrix Yeah its really all about vinyl for me but that normally means I have to rip the vinyl if I want to listen to it on my phone or anything like thatGecko I collect all sorts of CDs and records, when we go on tour I normally come back with a pile of discs Ive either bought or been given.With the artists and the older audience still actively prosecute in the acquisition and snack of music it is clear that there is still a office for tangible products within the music industry.Such observations are notably absent when dealing with the younger of the group studies. In this group there was evidence of a fractured landscape of media access with no commonly held method of eat music. Youtube, Spotify and Soundcloud provide a number of feels like free options for home use along with the ubiquitous iPod/Phone, however the access to music was overwhelmingly digital amongst this group. It can be said that both groups access digital content in a number of ways, with the younger group being more selective and more aware of different delivery methods, perhaps indicated by the greater disparity in the services and methods of consumptio n they chose. Within this younger group, extensive different ways of acquiring digital music were referenced, including demonstrable evidence of Leonhards (2008) feels like free streaming services such as Spotify and Last.fm. The following extract is taken from the opening stages of the younger focus groupMarT Spotify, mainly. Youtube too, but there is much less music on there now and when you find something you like it gets deleted after a while for copyright stuff. Spotify have made it so easy and if they have pretty much everything so you can just go there, and if you cant find it aint on Spotify there might be a live version or something on Youtube but the quality is always ropey. The only bad thing about Spotify is that you get ads but its still free and its much safer than downloading audio files.Steve Everything is so joined up on Spotify, like suggested artists and playlists and stuff, I spose its similar on Youtube, you can spend hours exploring.Claire And you dont have to buy anything or give your card details over.Similarly both artists are wishful users of Spotify amongst other streaming servicesGecko I know the capital is peanuts for getting played on there but it makes you accessible to so many people, some of them dont have enough money to pay for your album or your mp3 or whatever but the fact that they can still access it is important to arouse as an artist. Its like playacting a gig and barely making the petrol money to get home. We all do it but some of us are a bit more relaxed about the good it does for us.Biometrix I use Spotify all the time, really its stopped me stealing a lot of music really. Its so much easier than in reality downloading something so normally I just do that because I cant be bothered finding what I want and then waiting on it to arrive on my computer.Clearly Spotify offers an innovative model that can fit into both of Mykas (2009) subscription service model categories. A monthly fee can be paid to allow listener s to enjoy uninterrupted music without advertising and also allow access to feature mystifying content such as mobile streaming and offline listening, as well as Leonhards (2009) feels like free model that is funded by advertising. Of the myriad methods of media access identified, use of Web 2.0 music consumption models such as Spotify demonstrates a fall in favour of traditional peer to peer networks, contrary to the testaments of the recording industry (Siwek, 2007.) This goes some way to enforce the claims of Leonhard (2009) that these new, lawful access streams provide an attractive alternative to illegal downloading and also allay industry concerns about copyright protection. The interview subjects also cited the simplicity of these new methods in allowing them to locate music without the extensive searching that is commonplace with peer to peer access to media.Engagement with File sacramental manductionIn this section, we assess the subjects involvement with the file sharing . I present rationalisation of the participants use or otherwise of file sharing networks and investigate their understandings and interactions with the legal ramifications of such actions. As the conversation developed, minutely within the older group, many of the participants had use peer to peer services in the past, whilst perhaps their usage was limited, responses seemed mixed.Shaun Ive used Megaupload in the past Yeah. subscribe to that. We didnt download without our subscription, but now lapsed, I dont about the kids but yeah, Megaupload. I used to et a lot of other stuff there like films and ebooks so it was great.We can see that the participants have an understanding of file sharing as a concept, if not perhaps the finer points of nodal networking. There is an inference that by purchasing a subscription the subject considers themselves to have bought their downloads. This is however false and the subscription simply provides faster download speeds.The artists had a more s ophisticated understanding of how rights related to downloading and sharing content, however it is notable that this greater insight did little to dissuade them from partaking in file sharing.Biometrix Yeah I do download stuff, not as much as I used to but if theres something I cant find on Spotify or Soundcloud or that stuff then I will just go on a torrent site but I feel bad about it, I reckon, well I reckon because I guess about what it would be like if the musicians were like me, just starting out or something.The guilt mechanism in this response shows a belief that the RIAA/BPI position is correct and that the copyright issues surrounding this kind of media access is universally illegal. This shows some support for the industry having a direct influence over peoples online interactions condescension their diminished market share.One of the artists in particular also uses p2p sharing to promote and distribute their own material.Biometrix I try to make a oppose of free songs every month and put them on soundcloud for people to download. Its pretty much a thanks to all the people on Facebook, Soundcloud and Youtube who like my music and keep my profile hits high. I know theyre on the torrent sites but I dont mind, they were free anyway.This positive use of filesharing allows the artist greater exposure with realistic nil as an overhead, undercutting the top-heavy music industry and presenting the egalitarian model favoured by McLeod (2005).Responses to Legal Issues Industry ImplicationsThis section aims to build on the responses in the previous section by filling out the subjects understanding of the legal issues involved with file sharing. Particularly noticeable in these answers is the variation between the artist and audience categories. As mentioned earlier there have been many examples of litigations against providers of p2p services, such as the media-circus trial of The Pirate Bay founders. Whilst the audience groups had little knowledge of suc h cases the artists seemed faraway better versed in what was going on within the industry to shape the distribution of music.Biometrix Yeah, Ive know a lot about it genuinely The pirate bay have been found guilty of copyright abuse and theyre appealing their jail term now I think. Its a pretty whopping deal, all of the big film companies have been after them. The site is still going though, so it doesnt seem to have do much good does it?Gecko Pirate bay is huge. Its not just pirating things, they do all sorts, politics and freedom of speech stuff and all of that. I think it was started by activists but I dont know whos involved nowadays. As soon as something gets taken off it seems to come straight back up. Loads of people use it.Infringement and theft are put forwards by McLeod as tactics to enforce the monopoly of the recording industry. Of the subjects opinions on the significance file sharing has for the music industry, the various subjects displayed an tramp of responses. The following extracts are taken from the older subjectsDominic Small bands dont have a bean basically. Those are the people you are robbing off, not the execs or anything.Emma They must be getting paid somehow, the music is still out there.Robert But the money doesnt go to the band.This passage underlines the fact that members in this group believe that the majority of income for musicians, particularly less prolific artists, is provided by their record sales. This understanding of the revenue streams available to music industries also demonstrates a finely tuned understanding of what the music industry entails. Williamson and Cloonans (2007) arguments against the wide spread use of the term, based on my findings, suggest older generations are indeed more inclined to understand the term equating to the recording industry.The actions of the recording industries and the responses from audiences can be seen as an example of Michel de Certeaus idea of strategies and tactics (1984). The strategies of the power structures within the relationship, in this case, the industries keeping of traditional retail models and the converse that it equates to the music industry (BPI, 2009), in contrast to the tactics of audiences. This investigation finds between age demographics the response tactics identifiable and noticably different. The older group creates their own space through a sceptical approach to recording industry practices, methods of media access and opinion demonstrate stronger ties with the recording industry intercourse crime and punishment. The both the artists and younger group members seemed much more separated from these established means of operation, shown in their symRobhy for file sharing, anti-corporate comments and reluctance to trust established regulations regarding copyright infringement.Based on the findings describe above, the suggestion is that audiences are highly aware that there are legal implications surrounding the sharing of files, bu t their opinions and responses to the validity of these implications are generationally split. The evidence provided by the younger demographic of both audience and artists provides support for the views of McLeod (2005) whereas the older group demonstrated a much more accepting response for the necessity of copyright mandate as a protection against theft. Applying music retail and commerce theories presented by Anderson (2006) and Dubber (2007), most of the participants appeared to be informed of the changes online distribution was experiencing, although there was rejection of the industrys reluctance to develop imperfect tense content access agreements along with them. The divergence of opinion in the application of rights enforcement between the two groups adds weight to the arguments presented by Garofalo (2003), performing to set the balance between the two sides of the rights argument, preventing the financial exploitation of free music, whilst also managing a free channel o f access to consumers.ConclusionIt can be established from the results of my investigation that audience and artist opinions are divided on the justifications for rights protection and the enforcement thereof in relation to digital music access. Whilst there is clear evidence of a move towards digital media consumption, there is a distinct generational gap in the manner in which different age groups access music digitally. Older generations seem to fall into line with traditional models of product capitalisation, purchasing physical formats and viewing transgression of copyright online as theft. Younger subjects more immersed in digital media and having gravid up during the internet gold rush have a far less strict attitude to the acquisitEffects of Copyright on the Consumption MusicEffects of Copyright on the Consumption MusicThe aim of this dissertation is to understand the effects of copyright on the consumption and acquisition of music online. With a focus on Feels Like Free se rvices such as Spotify as well as illegal file sharing services, research into the copyright issues surrounding the debate present a picture of how music is being consumed at present. Building on notable works and theories of research in the area the dissertation supplies evidence supporting the continuing dominance of labels as right-holders in the new digital era. With one-on-one interviews with emerging artists at the forefront of digital music as well as group interviews with consumers a convergence of opinion on key points provides an insight into the effectiveness of current digital music distribution services as well as the enforcement and enforceability of current copyright laws.IntroductionThis dissertation focusses on the challenges of distributing digital music in an era of unprecedented web use. Access to digital media is increasingly a part of peoples every day lives and the issues surrounding access to content and the legal implications in that are the subject of much debate. It is natural that the rights holders and their representatives would assume a position protecting their legal rights and the cases of pursuance of both individual and commercial rights infringers are well documented, however some say copyright law is dated (Negroponte, 1995) and beyond the task of policing the digital frontier of music distribution. This dissertation investigates the effect of copyright on audience and artist attitudes to digital music distribution in both legal and illegal forms. Using relevant literature and established studies it addresses the benefits of the chosen research for this investigation and provides results giving evidence for the various claims and counter claims made on both sides of the copyright argument. In doing so it is intended that my results will give a picture of current distribution methods and their ability to deal with copyright as well as rights holders ability to enforce it in an increasingly digitised age.By gathering evidenc e using one-to-one interviews with two emerging artists as well as consumer interviews conducted at group level I am able to establish the artists interaction with the process of copyright and the extent to which it alters their distribution of music whilst also engaging the audience in debate about their understanding and adherence to the existing issues surround accessing digital music. The involvement of both artist and audience provides a unique opportunity to pinpoint the present effect of the existing systems of music distribution and the copyright protection available.Digital Music CopyrightAt the crux of the debate surrounding digital music distribution is the issue of copyright and the infringement thereof. Arguments both for and against the current system of rights ownership and management are well documented and some clear division between the opinions of those who hope to gain capital from the ownership of rights and those who wish to produce and consume digital music is revealed. The representative bodies existing to support the rights of the artist , such as the BPI (British Phonographic Industry) and the RIAA (Recording Industry Association of America) have staunch views on the use of their intellectual property and defined by the BPI, copyright in its current form can be surmised as followsCopyright is the foundations which the music business is built. In its simplest terms, it is a form of intellectual property and, as such, gives the creator or the owner/ author of that work exclusive rights over how it is published, distributed andadapted. (BPI online 2009)The collective gusto of the recording industry to enforce their stance on what they see as a critical issue to the music business has led to much bad publicity and a galvanisation of some copyright infringers as a group with a serious social point to make. Kembrew McLeod (2005) agrees that infringement of copyrighted material online presents a significant problem for the monopoly held by the industry giants, even going as far as to view this as a positive consequence of file sharing and distribution. Arguing in favour of a diminished corporate monopoly, McLeod uses examples of successes for smaller independent artists, helped in part by the evolution of media distribution methods available to cut out the middle-man. With both artist and audience interviews revealing a symRobhy for McLeods statements, most participants demonstrated a sophisticated understanding of the possible advantages that new distribution methods offer smaller/less established artists, who often work outside of the boundaries of the established music industry. Williamson Cloonan (2007) accuse the BPI of blurring its distinction between the interests of British record companies which it claims to represent with a wider definition of the music business . The process of recording, distributing and marketing music is one element of the music industry but its inferred connection to grassroots music of all levels seems to be the bone of contention, as is borne out in my group research. The strength of language words and aggressive tone of both the RIAA and BPI in dealing with infingers, combined with the appropriation of the wider music industry for moral grounds (Williamson Cloonan, 2003, p. 305-7) adds to a fault regarding what exactly the music industry is and how it affects users access to media. There is an obvious disparity in opinion on either side of the debate surrounding copyright law, with the nature of what copyright represents and who it protects and particularly how it is relevant to new digital models of distribution and consumption open to much debate. These diverging opinions are likely to have an impact on how consumers and artists understand the issues within this field, and clearly how they relate and react to them.Media AccessThe history and development of studying audiences and their consumption habits is by now highly sophisticated and the subject of m uch debate and research. Using the work of others as a guide as well as theory and research my aim is to understand how audiences are accessing digital content and if their understanding of the legality of so doing , alters how they interact with the content. Longhurst (2007) observes that the most significant contemporary change to music consumption is coming through downloadability (p. 205). The pervasive nature of digital consumption in todays culture is displayed throughout both artist and audience responses showing high levels of use and understanding of the medium. An RIAA commissioned report (Siwek, 2007) carried out in the United States by the Institute for Policy Innovation (IPI) suggest that online copyright infringement costs the industry $12.5 billion annually(online). It is fair to assume the the access to both legal and illegal digital music is affect the industry greatly but these figures are open to criticism for there bias.The research of Huang (2005) into file shar ing as a means of music consumption through group interviews of college students concludes that music file sharing is now a facet of music culture from a social perspective. My studies have some support for this claim with even artists describing extensive p2p use and one actively embracing it as a means of propagation of his material. Mascheroni et al (2008) conducted a comparable ethnographic study digital television consumption. The study concludes that young viewers are capable of defining their relationship with media based on present developments in the field rather than existing paradigms and traditions, and in doing so perhaps goes some way to explain the findings of Huangs research on college students. In similar ethnographic profiling Harwood (1997) compared television viewing Robterns of different aged groups, finding that decisions are representative of perceived social identity. It is arguable that similar influences are at play in consumers interaction with digital mus ic consumption and with the increasing convergence of digital content, user generated content, and the social influences aforementioned, copyright infringement and any repressions appear to have very marginal impact on consumption habits. Based on the highlighted works the interaction between consumers and the legal implications surrounding content access are likely to vary in line with social perception and experience led understanding of the field. The fact that the artists were so Robert about file sharing, their involvement with it and its potential for positive use, adds weight to the claim copyright regulations for digital music are past their prime and lacking in effectiveness.Unique Online ConsiderationsVarious possible explanations for the ways in which digital media access has changed consumption habits have been covered previously. Increased media access has inevitably led to increased temptation to use nodal connectivity for illegal file sharing, although if the enactmen t of this abuse is as widespread as the BPI and RIAA would like us to think is another matter. Borne out of this peer to peer system of file distribution new products are being brought to market that provide alternatives to illegal acquisition of content. Analysing the manner in which consumers access content and services online has led to , sophisticated modEmmang of the accessibility and demand for said content and services. Andersons (2006) presents a long tail model which serves as an example of such studies. The model refers to online commercial distribution with the most popular and commercial, products at one end of the graph with the highest volume of sales. The graph extends to illustrate the almost limitless potential for online sales in specialist or minority markets.Fig i. Long Tail Model (Anderson, 2006)Anderson further sets forth an opinion that the broadening of potential promotion and distribution online has increasingly opened up more possibilities for for both art ists and consumers. Applying the long tail theory, it is obvious that it proposes a different system of economics to the traditional retail sector. Adding to this the obvious advantages of products being available around the clock, often irrespective of regional restrictions and the idea of a new economic model is further strengthened. The ability to cover areas of minuscule interest with little additional overheads enables retailers to offer huge depth of choice as well as broadening the idea of ownership of content through streaming..Clearly the economics of online commerce are very different to the traditional model, however the rules of engagement surrounding copyright are expected to fit both models. two is different, yet the laws of copyright remain the same. Illegal sharing of content is viewed as an infringement of rights and therefore a form of theft as attested by the RIAA. The case that eventually closed the late nineties file sharing platform Napster, as detailed first b y Merriden (2001) and then Menn (2003) illustrates the ramifications and interest in the first high-profile case of file sharing. Speaking of Napster Wall statesThe record companies proposed that the Napster system ripped off artists and would kill music, while they made the legal argument that Napster encouraged the infringement of copyrights they held. Napster countered by arguing that members of Napster were making fair non-commercial use of the rights already assigned withthe original sale of the record that had been converted into mp3 files.(Wall 2003, p223)Continuing where the Napster litigation left off, cases between the industry and p2p networks are still widespread today, showing that the industry has moved on little in the intervening years. The Swedish prosecution and proposed imprisonment of the creators of infamous file sharing tracker The Pirate Bay (Johnson Kiss, 2009) is perhaps the highest profile case today and could be seen as the modern Napster. In an attempt t o bolster the music industries grasp on digital distribution a number of new models have been brought to market., Many mobile phone operators worldwide now offer unlimited music bundles with cell contracts and the emergence of streaming services mentioned such as Last.fm and Spotify, are seen in the group interviews to have a positive influence on peoples adherence to copyright. Gerd Leonhard (with Kusek 2005 2008) is describes these services as feels like free. Advertising and premium service upgrades present the creates potential for capitalisation of music. Spotify has been a particular success in Europe, with the BBC reporting figures that already 5% of its users have upgraded to a premium service, giving it some 320,000 users paying 10 per month for its full offering (BBC, 2010, online). This small percentage provides and annual turnover in the region of 38,400,000 excluding additional revenue provided by advertising, proving that Spotify is a serious force in the online distr ibution business without even launching fully in the United States. By looking at audience habits and interaction with both copyright and media we can see that the new media model and the traditional approach to distributing music are increasingly unable to keep up with the consumer driven demand for online services, leaving companies such as Spotify to move in and become a type of new music industry for the 21st century. The difficulty inherent to their role is that the copyright for the material they wish to distribute is often owned by one of their more traditional predecessors.MethodologyIn this chapter I offer justification for the effectiveness of my methods for the collection of audience and artist responses to their interaction with digital music copyright. I use two groups of participants one younger (16- 25) as well as a group from an older demographic of consumers (40-65) with both groups being representative of consumers as well as two individuals representative of artis ts. As this study represents a small cross section of the many people who are involved in roles as both consumer and artist definitive conclusions solely gathered from my findings alone are difficult to ascertain. The value however, of conducting the comparative interview types, is the provided overview of responses, and how they interplay with the core arguments surrounding the debate. Work by Huang (2005) and Macheroni et al (2008) would suggest that younger audiences are less concerned about the implications of peer to peer sharing and thus more likely to use the distribution method. Using relative methods I build upon their work, highlighting and supporting claims by providing complimentary evidence and similar findings. Huangs (2005) use of groups interviews highlighted specific areas of interest with direct interaction with audience members, whilst Mascheronis (2008) research adopted ethnographic studies of online, as well as off line interaction in a more one to one manner. D ue to the nature of copyright interaction online ethnographic study of users could be applied to researching users of file sharing services. The problem with this is the anonymity in this type of cinteraction, discussed by Watt, Lea and Spears (2002). Although there is potential for some light to be shed on how audiences share music online, it would be difficult to rationalise the reasons for this activity, providing little evidence to illuminate the reader on audience behaviour.My own studies, made use of extensive one on one interviews allowing unsigned artists a mouthpiece within the debate. The benefit of exposing the artists to the one on one interview process was expected to be a greater understanding and experience of copyright yielding technical data on the subject. This was then coupled with group based research. With guidance from Bertrand and Hughes (2005, p81), the group interviews, were expected to benefit from inter-participant discussion allowing some involved to make up in shortfalls of technical knowledge. As a well established means of audience research, group interviews can help garner natural responses from participants. It must always be considered however that these discussions do not take place in unmonitored environments and so must be viewed as having the potential to be polluted by the participants knowledge that what is being said is also being recorded. A particularly pertinent issue given the legal climate surrounding the issues covered. The legal aspect of my research may encourage participants to shy away from full, Robert answers, however the focus group environment should also foster greater candour and less inherently solicited responses than that of one on one interviews for instance (Boubour 2007) although the combination of the two means of study should have a balancing effect on the results.Research FindingsHere I present the findings of my primary research investigating the interplay between copyright issues and digital music consumption. The material put forward here is the product of the two group interviews and two individual interviews with consumers and artists respectively. The discussions centred around the same key themes including the participants access to and use of digital music as well as attitudes and understanding of the related legal issues. Of particular importance for my study are responses they may have relevance towards legal the constraints and considerations surrounding the notion of digital music access. Providing the the structural basis of this chapter my aim is to discover any visible Robterns between the responses of the two types of interviewee.Consumption Listening HabitsThe primary question for the interviews is one of use and involvement in digital music. It is essential to establish the extent, if any, to which the interview subjects interact with digital music content, irrespective of its origin. The following section examines participant music consumption routines and in particular, digital music consumption habits. Based on their replies, I address the stereotype that older audiences are less willing and able to undertake interaction with new delivery methods whilst isolating comparisons between the groups in other forms of music consumption. On broaching the subject of use of digital music with the older group, it was clear that most participants were involved and responsive to the means of content distribution. Many of the group cited the iPhone or iPod as an influence on their ease of access and enjoyment of digital music, proving Apple have a huge say in how this market is set to develop. either using mp3 players or their mobile phone to consume digital music. When the group was asked if they had access to a digital music player the response was as follows,Howard Of course Ive had mp3 phones for a good 5 years now and players for a bit longer.Dominic Yeah me too I would say, not the players but the phones, I use an iPhone for everythin g now.Howard I still use my player for jogging though, I dont like to be bothered by phone calls but I still want my music with me.Most made some use of access to digital music on a regular basis. This helps to dispel the myth of a generation gap regarding digital media use as alluded to in the work of Mascheroni et al (2008). Although this establishes a commonality in usage of devices we are yet to establish meaningful connections between access and consumption habits. In the older group. The concept of digital music consumption representing the mainstay of their listening habits produced varied responses. For the older group the response was as followsDominic For the car or the house I spose real music, sorry I should say CDs and stuff I spose, real music is normally what I go for.Robert Yeah the same really.This is similar to the attitudes of both artists interviewed.Biometrix Yeah its really all about vinyl for me but that normally means I have to rip the vinyl if I want to list en to it on my phone or anything like thatGecko I collect all sorts of CDs and records, when we go on tour I normally come back with a pile of discs Ive either bought or been given.With the artists and the older audience still actively engaged in the acquisition and collation of music it is clear that there is still a space for tangible products within the music industry.Such observations are notably absent when dealing with the younger of the group studies. In this group there was evidence of a fractured landscape of media access with no commonly held method of consuming music. Youtube, Spotify and Soundcloud provide a number of feels like free options for home use along with the ubiquitous iPod/Phone, however the access to music was overwhelmingly digital amongst this group. It can be said that both groups access digital content in a number of ways, with the younger group being more selective and more aware of different delivery methods, perhaps indicated by the greater disparity in the services and methods of consumption they chose. Within this younger group, extensive different ways of acquiring digital music were referenced, including demonstrable evidence of Leonhards (2008) feels like free streaming services such as Spotify and Last.fm. The following extract is taken from the opening stages of the younger focus groupMarT Spotify, mainly. Youtube too, but there is much less music on there now and when you find something you like it gets deleted after a while for copyright stuff. Spotify have made it so easy and if they have pretty much everything so you can just go there, and if you cant find it aint on Spotify there might be a live version or something on Youtube but the quality is always ropey. The only bad thing about Spotify is that you get ads but its still free and its much safer than downloading audio files.Steve Everything is so joined up on Spotify, like suggested artists and playlists and stuff, I spose its similar on Youtube, you can spend hou rs exploring.Claire And you dont have to buy anything or give your card details over.Similarly both artists are avid users of Spotify amongst other streaming servicesGecko I know the money is peanuts for getting played on there but it makes you accessible to so many people, some of them dont have enough money to pay for your album or your mp3 or whatever but the fact that they can still access it is important to grow as an artist. Its like playing a gig and barely making the petrol money to get home. We all do it but some of us are a bit more relaxed about the good it does for us.Biometrix I use Spotify all the time, really its stopped me stealing a lot of music really. Its so much easier than actually downloading something so normally I just do that because I cant be bothered finding what I want and then waiting on it to arrive on my computer.Clearly Spotify offers an innovative model that can fit into both of Mykas (2009) subscription service model categories. A monthly fee can be paid to allow listeners to enjoy uninterrupted music without advertising and also allow access to feature rich content such as mobile streaming and offline listening, as well as Leonhards (2009) feels like free model that is funded by advertising. Of the myriad methods of media access identified, use of Web 2.0 music consumption models such as Spotify demonstrates a fall in favour of traditional peer to peer networks, contrary to the testaments of the recording industry (Siwek, 2007.) This goes some way to enforce the claims of Leonhard (2009) that these new, lawful access streams provide an attractive alternative to illegal downloading and also allay industry concerns about copyright protection. The interview subjects also cited the simplicity of these new methods in allowing them to locate music without the extensive searching that is commonplace with peer to peer access to media.Engagement with File SharingIn this section, we assess the subjects involvement with the file sharing . I present rationalisation of the participants use or otherwise of file sharing networks and investigate their understandings and interactions with the legal ramifications of such actions. As the conversation developed, unexpectedly within the older group, many of the participants had used peer to peer services in the past, whilst perhaps their usage was limited, responses seemed mixed.Shaun Ive used Megaupload in the past Yeah. Subscribed to that. We didnt download without our subscription, but now lapsed, I dont about the kids but yeah, Megaupload. I used to et a lot of other stuff there like films and ebooks so it was great.We can see that the participants have an understanding of file sharing as a concept, if not perhaps the finer points of nodal networking. There is an inference that by purchasing a subscription the subject considers themselves to have bought their downloads. This is however false and the subscription simply provides faster download speeds.The artists had a mo re sophisticated understanding of how rights related to downloading and sharing content, however it is notable that this greater insight did little to dissuade them from partaking in file sharing.Biometrix Yeah I do download stuff, not as much as I used to but if theres something I cant find on Spotify or Soundcloud or that stuff then I will just go on a torrent site but I feel bad about it, I reckon, well I reckon because I think about what it would be like if the musicians were like me, just starting out or something.The guilt mechanism in this response shows a belief that the RIAA/BPI position is correct and that the copyright issues surrounding this kind of media access is universally illegal. This shows some support for the industry having a direct influence over peoples online interactions despite their diminished market share.One of the artists in particular also uses p2p sharing to promote and distribute their own material.Biometrix I try to make a couple of free songs every month and put them on soundcloud for people to download. Its pretty much a thanks to all the people on Facebook, Soundcloud and Youtube who like my music and keep my profile hits high. I know theyre on the torrent sites but I dont mind, they were free anyway.This positive use of filesharing allows the artist greater exposure with virtual nil as an overhead, undercutting the top-heavy music industry and presenting the egalitarian model favoured by McLeod (2005).Responses to Legal Issues Industry ImplicationsThis section aims to build on the responses in the previous section by filling out the subjects understanding of the legal issues involved with file sharing. Particularly noticeable in these answers is the difference between the artist and audience categories. As mentioned earlier there have been many examples of litigations against providers of p2p services, such as the media-circus trial of The Pirate Bay founders. Whilst the audience groups had little knowledge of such cases the artists seemed far better versed in what was going on within the industry to shape the distribution of music.Biometrix Yeah, Ive know a lot about it actually The pirate bay have been found guilty of copyright abuse and theyre appealing their jail term now I think. Its a pretty big deal, all of the big film companies have been after them. The site is still going though, so it doesnt seem to have done much good does it?Gecko Pirate bay is huge. Its not just pirating things, they do all sorts, politics and freedom of speech stuff and all of that. I think it was started by activists but I dont know whos involved nowadays. As soon as something gets taken off it seems to come straight back up. Loads of people use it.Infringement and theft are put forwards by McLeod as tactics to enforce the monopoly of the recording industry. Of the subjects opinions on the significance file sharing has for the music industry, the various subjects displayed an array of responses. The following extract s are taken from the older subjectsDominic Small bands dont have a bean basically. Those are the people you are robbing off, not the execs or anything.Emma They must be getting paid somehow, the music is still out there.Robert But the money doesnt go to the band.This passage underlines the fact that members in this group believe that the majority of income for musicians, particularly less prolific artists, is provided by their record sales. This understanding of the revenue streams available to music industries also demonstrates a finely tuned understanding of what the music industry entails. Williamson and Cloonans (2007) arguments against the wide spread use of the term, based on my findings, suggest older generations are indeed more inclined to understand the term equating to the recording industry.The actions of the recording industries and the responses from audiences can be seen as an example of Michel de Certeaus idea of strategies and tactics (1984). The strategies of the po wer structures within the relationship, in this case, the industries retention of traditional retail models and the discourse that it equates to the music industry (BPI, 2009), in contrast to the tactics of audiences. This investigation finds between age demographics the response tactics identifiable and noticably different. The older group creates their own space through a sceptical approach to recording industry practices, methods of media access and opinion demonstrate stronger ties with the recording industry discourse crime and punishment. The both the artists and younger group members seemed much more separated from these established means of operation, shown in their symRobhy for file sharing, anti-corporate comments and reluctance to trust established regulations regarding copyright infringement.Based on the findings outlined above, the suggestion is that audiences are highly aware that there are legal implications surrounding the sharing of files, but their opinions and res ponses to the validity of these implications are generationally split. The evidence provided by the younger demographic of both audience and artists provides support for the views of McLeod (2005) whereas the older group demonstrated a much more accepting response for the necessity of copyright legislation as a protection against theft. Applying music retail and commerce theories presented by Anderson (2006) and Dubber (2007), most of the participants appeared to be informed of the changes online distribution was experiencing, although there was rejection of the industrys reluctance to develop progressive content access agreements along with them. The divergence of opinion in the application of rights enforcement between the two groups adds weight to the arguments presented by Garofalo (2003), acting to set the balance between the two sides of the rights argument, preventing the financial exploitation of free music, whilst also managing a free channel of access to consumers.Conclusi onIt can be established from the results of my investigation that audience and artist opinions are divided on the justifications for rights protection and the enforcement thereof in relation to digital music access. Whilst there is clear evidence of a move towards digital media consumption, there is a distinct generational gap in the manner in which different age groups access music digitally. Older generations seem to fall into line with traditional models of product capitalisation, purchasing physical formats and viewing transgression of copyright online as theft. Younger subjects more immersed in digital media and having grown up during the internet gold rush have a far less strict attitude to the acquisit