Did File-sharing Cause the Recording Industry Collapse? Economists say “No.”

In Music Law by FASHIONENTLAW™

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A must read article for all serious music industry professionals.

“For the last decade, the movie and music industries have engaged in a relentless struggle against Internet file sharing. One prominent theater of this global conflict has been the UK, which last year saw the passage of the Digital Economy Act. The law, if fully implemented, could allow Internet Service Providers to disconnect “persistent infringers” of the UK’s copyright rules from the ‘Net.

The zeal with which Hollywood and the recording industry have pursued this ISP-as-cop approach around the world has prompted some ISPs to cry foul. “The notion of disconnection without judicial oversight violates the presumption of innocence,” warned the Australian DSL service iiNet in a recent position piece . “As the penalty for possibly minor economic loss (at the individual infringer level) removal of Internet access is, therefore, both inappropriate and disproportionate.”

But even though the DEA is up for judicial review at the behest of the UK’s top telcos, the impetus for similar laws continues unabated. That’s because the content industry may lose a particular battle (eg, trying to force iiNet to punish file swappers), but it has won a key aspect of the war: the argument that file sharing has hobbled the music and movie business, hurt artists, and cost jobs is the master narrative of file sharing—the center of most government debates about the practice.

Now comes a paper from the London School of Economics that tries to do more than just challenge the DEA. It argues that everything Big Content says about file sharing is wrong. In fact, it suggests that file sharing is the future, and that revenue downturns can largely be explained by other forces. . .” Artstechnica.com has the full story.

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Uduak Oduok (Ms. Uduak) is a Partner and Co-Founder of Ebitu Law Group, P.C. where she handles her firm’s fashion and entertainment law practice areas. Ms. Uduak has litigated a wide variety of cases in California courts. She has also handled a variety of entertainment deals for clients including network television and licensing deals. Her work and contributions to the creative industry has been recognized by numerous organizations including the National Bar Association, and featured in prestigious legal publications in the USA: ABA Journal and The California Lawyer Magazine. She is also the author of Fashionentlaw™ and also has over two decades combined hands on industry experience in the creative industry which includes modeling, retail, fashion production, public relations, digital media, journalism and publishing. For further inquiries or if you are seeking legal representation, please email (uduak@ebitulawgrp.com). You may also follow her on twitter at @uduaklaw

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