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Artists and musicians embrace the Net, despite legal issues

By Eric J. Sinrod
December 15, 2004
USAToday.com

Artists and musicians embrace the Net, despite legal issues

By Eric J. Sinrod
December 15, 2004
USAToday.com

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We live in a climate in which thousands of lawsuits have been launched against Internet users who allegedly are guilty of copyright infringement with respect to the sharing of music files. To gain further background, the Pew Internet & American Life Project just concluded a survey of artists and musicians (collectively, "artists") as to how they use the Internet and their views on copyright and file-sharing issues. The survey reveals that while artists have embraced the Internet as a tool that helps them to create, promote and sell their works, they are quite divided about copyright and free file-sharing issues.

The study plainly shows that artists have embraced the Internet. According to the study, while 63% of the general population uses the Internet, 83% of paid artists use the Internet because of resulting career gains. The study sets forth that 59% of paid online artists obtain ideas and inspiration for their work from searching the Internet, 45% of them report that the Internet is important in helping them create and distribute their works, 41% say that the Internet has helped in their creative pursuits and careers, while only 8% claim that the Internet has made it much harder for their work to be noticed, and while only 6% state that the Internet has had a major negative effect on their ability to protect their works.

Of musicians specifically, two-thirds state that the Internet is "very important" in helping them to create and distribute their music. Ninety percent of them say that they use the Internet to get ideas and inspiration, 87% use it to promote, advertise and post their music online, 83% offer free samples online and many report greater sales of CDs, larger concert attendance and more radio play as a result, 77% have their own Web sites, 69% sell their music online, and 66% use the Internet to collaborate with other musicians.

For some artists, the Internet has had favorable networking effect. Twenty-three percent of paid online artists report that the Internet has had a large effect on their connection to the local arts community, 51% keep in touch with family and friends via the Internet while they are on the road, and 26% say that they are part of an email list-serve, online forum or other online community or organization targeted towards artists. Of musicians, 56% report that they use the Internet to keep in touch when they are traveling, and 79% state that the Internet has a large impact on their ties to other artists.

Notwithstanding the foregoing benefits, artists are divided, but not too concerned, about online file-sharing. That is to say, while they want control over their works, they do not believe that Internet piracy is a big threat. Artists generally believe that current copyright laws do a good job of protecting the rights of creators, and most do not complain about the lengthy of copyright protection the law currently affords (an artists' lifetime plus 70 years). Sixty-seven percent of paid artists state that copyright owners should have complete control over the use of their works. Half of them report their belief that copyright laws generally benefit purveyors of works more than the original creators of the works.

Significantly, only 30% of paid artists consider file-sharing to be a major threat to their works. And among musicians, specifically, two-thirds state that file sharing poses no threat or only a minor threat. Most musicians have not experienced problems with others posting their music online.

While most artists do not consider file-sharing to be a major threat, 55% of paid artists still believe that it should be illegal for Internet users to share unauthorized copies of music and movies over file-sharing networks. Thirty-five percent of paid artists report their belief that this should be legal.

When asked about the recent lawsuits filed by the Recording Industry Association of American (RIAA) against individuals who have been accused of sharing large numbers of music online without authorization, two-thirds of artists stated that the companies that operate file-sharing networks would be a better target for bearing responsibility. Only 15% believe that the individuals should be held accountable.

At the end of the day, artists are practically evenly divided about whether file-sharing programs are good or bad, while musicians are more likely to see positive aspect of file-sharing. Forty-seven percent of artists agree with the statement that "file-sharing services are bad for artists because they allow people to copy or use an artist's work without getting permission or compensating the artist." Forty-three percent agree that "file-sharing services aren't really bad for artists, since they help to promote and distribute an artists's work to a broad audience."

In addition to the foregoing, artists firmly agree that people should not sell copies of others' work without permission. They also generally agree that copying material for private use is permissible. But there is much less consensus about types of digital copying and sharing of files online. When asked about burning a copy of music or a movie CD for a friend, artists' views are divided, as 46% think it should be legal and 48% state it should be illegal. When it comes to sending digital copies of works over the Internet, 46% of artists believe it should be legal, while 49% say it should be illegal.

Plainly, artists have moved onto the Internet and are there to stay. But they certainly are not uniform in their beliefs when it comes to permissible distribution of their works.

Eric Sinrod is a partner in the San Francisco office of Duane Morris (www.duanemorris.com), where he focuses on litigation matters of various types, including information technology disputes. His column appears Wednesdays at USATODAY.com. His Web site is www.sinrodlaw.com, and he can be reached at . To receive a weekly e-mail link to Mr. Sinrod's columns, please send an e-mail with the word Subscribe in the Subject line to .

Reprinted here with permission from USAToday.com.