Copyright in the Era of Digital Technology

Digital technology has brought about tremendous changes in the way music is distributed and enjoyed. It has made possible methods of distribution such as peer-to-peer (P2P) file sharing, online music sales, podcasting and webcasting. Musicians no longer have to rely solely on physical record sales or radio stations to have their music heard by the public. Musicians who cannot or do not want to sign a contract with a record label can record their own music and reach their audience through the Internet. These changes have led to new business models and created exciting new possibilities both for musicians and their audience.

At the same time, major copyright owners, like the major record labels are becoming increasingly nervous about how digital technologies limit their control over the music production and distribution process. They fear that digital technology will increase home taping, spawn illegal file sharing networks, reduce sales of CDs, and free artists to produce and distribute their music themselves. These fears have led them to sue file sharing networks, support legislation like the DMCA which is designed to lock digital content, and seek to reduce consumer rights. Although a law called the Audio Home Recording Act was passed in 1992 to protect consumer home recording rights, record labels are demanding further changes to the law that would render AHRA’s protections of little significance to consumers.