David Bowie recently became the latest and perhaps most well-known artist to release his newest album, "hours...", on the internet. Bowie is avoiding retail stores altogether, a move that has potential for long-term effects on the distribution side of the music business. Many are predicting the failure of major labels. According to Michael Robertson, chief executive of Mp3.com, "[Major labels] do play an essential part of the game. But there is an internet way of transacting business, of having artists deliver their music to fans, that the labels are going to miss out on."
Even more than the big-name artists embracing the change, unsigned and unknown musicians view the internet as a forum to get their music heard without having to be "discovered" by a major label. One example is singer-songwriter Greta Gaines. She was chosen by Alanis Morissette and Tori Amos to open on their tour based in part on three songs she posted to the Mp3.com website. "If I start selling records and my song starts doing well," she said, "it will be a complete revolution in the odds an artist has."
The successful star and the aspiring artist have more than music in common, however. MP3 technology creates new uses for existing copyrighted works, a concept called new-use. The Copyright Act has been specifically designed by Congress to be flexible and grow with technology. It applies to abstract "works of authorship" regardless of the medium used. This would seem to lead to a necessity for strict copyright enforcement on MP3 and other similar media. On the other hand, there are many who would argue that new technologies deserve the chance to grow without concern over copyright liability.
Regardless of whether one supports stricter enforcement of the Copyright Act to new technologies, or a more flexible, permissive approach, the speed of technological change will have definite repercussions on existing and future legislation.
RELATED LINKS:
Copyright Act, 17 U.S.C. §102(a) (1976).
