Piracy of Music Essay Example | Topics and Well Written Essays - 1500 words

Piracy of Music - Essay Example The music industry is currently confronting a formidable threat, identified as the practice of music file sharing through peer-to-peer networks or, in more blunt terms, as music piracy and the unauthorized recording and distribution of copyrighted intellectual material. The enormity of the threat is evidenced in the fact that from 2000 to 2003 and, as a direct consequence of music piracy, the industry lost two billion dollars in sale (Desmond et al., 2004). Apart from the significance of the quoted figure, those who earn their livelihood from the music industry are extremely worried about their future and their capacity to continue to support themselves and their families. This concern is clearly articulated by Pimm Fox (2004) who warns that if unauthorized music sharing via peer-to-peer protocols continues unabated, there is no doubt that the greater majority of music stores will be forced out of business. In other words, the piracy of music is not a â€Å"victimless† crime, as many have argued but, is a blatant violation of copyright law which claims victims, as in people whose livelihood is directly and strongly harmed by the practice (Thall, 2003). Therefore, even though some have defended the practice of peer-to-peer music file sharing, the fact is that it is a direct violation of copyright laws and has real victims and, as such must be confronted through an identification of its root causes, commonly argued as overpriced CDs and limited options for legally customized music selections, and the reformation of the music business in a way which would address these causes. Music piracy is an inarguable violation of established copyright laws and of the fundamental legal principle of property. Music, as explained by Frank Thorsberg and Elsa Wenzel (2003) is defined as a form of property and, more specifically, as intellectual property. This means that rights are owned and controlled by an individual, a group of individuals or corporation and that only its legal owners possess the right to exploit and distribute it, or arrange for its exploitation and distribution (Thorsberg and Wenzel, 2003). According to the law, therefore, music is property and each piece of musical creation has an owner whose rights to it, as noted by Thall (2003) are protected and upheld by both national and international law. From the legal perspective, therefore, music is property and each piece of music has a legally identified and registered owner. The fact that music is property over which individuals enjoy ownership rights that are protected by the law, means that the rights to use that music, or property, are controlled by the owner. Peer-to-peer music file sharing, insofar as it violates the owner's right to determine the distribution of his/her property and denies him/her the right to economically exploit his music as a financial asset, is a violation of the rights of property owners as established by the law(Thall, 2003). Accordingly, music copyright owners have denounced, as stated by Thorsberg and Wenzel, (2003) music file sharing as music piracy and the theft of property. When one considers that "civilized society is predicated upon the sanctity of private property" (Thall, 2003), the full enormity of the practice is exposed. Quite simply stated, and from within the legal perspective, the unauthorized downloading of music through peer-to-peer programs such as Kazaa, iMesh or LimeWire, constitutes the theft of private p roperty. In defense of the practice and in response to the legal claim that music piracy is a crime, some have argued that it is a victimless crime which harms no one. This argument is not only baseless but it is in direct contradiction with facts which irrevocably prove that the music industry is suffering near-incalculable loss as a result. Financial estimates calculate annual loss at 350 million dollars per annum with an analysis of the growing popularity of peer-to-peer music file sharing leading to the prediction that this figure is likely to multiply in the near future (Desmond et al.,