Music industry targets student thieves
April 7, 1998
The information superhighway may provide an effective advertising outlet for some businesses, but it can also cause devastation for others, particularly in the music industry.
Stereo-quality recordings of songs and entire albums are available for downloading on the Internet. These files, called MP3 files, are easily made and distributed on the World Wide Web.
In fact, it is so easy, many students have taken advantage of the service. With this capability, it’s possible to never buy a CD, but have a large music selection at your fingertips.
However, the Recording Industry Association of America (RIAA) on behalf of Geffen Records has contacted Iowa State’s University Legal Services to express its disapproval of students who make MP3 files available on the Internet.
Paul Tanaka, director of University Legal Services, said the office has received complaints about six or seven ISU students from the record company.
The complaints focus on students who have created Web sites that offer MP3 files. Tanaka said the creation of MP3 files is a violation of copyright laws and of ISU’s appropriate computer use policies.
Only four or five students’ home pages have been confirmed of violating the copyright infringement law, he said. Tanaka said he was unable to release the identities of the students.
He said if students are using public facilities and violating copyright laws, the university can implement “disciplinary action or the denial of service for those who refuse to respect the rights of others.”
According to ISU’s Computation Center Web site, the Computer Code of Ethics was partially formulated by EDUCOM, a nonprofit organization that works to establish order for colleges and universities.
The Computer Code of Ethics clearly outlines the policies regarding copyrighted material on the Internet.
“Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations, may be grounds for sanctions against members of the academic community,” the Computer Code of Ethics’ Web site states.
Last fall, another computer law was approved by the U.S. government called the “No Electronic Theft Act.”
Under this act, Tanaka said, the law allows for criminal action to be taken against people distributing copyrighted material with a value more than $1,000.
Before this law was established, violators could only be prosecuted if they copyrighted something with the intent of making a profit, Tanaka said.
Other charges that can be given to students include copyright infringement or prosecution through civil lawsuits.
Despite the many consequences students may face for providing music files on the Web, there is little doubt it takes place.
To type in the word “MP3” in a search engine will result in a list of hundreds of links, many of which have addresses from servers of colleges and universities.
“We’ve sent letters to universities because most students [distributing MP3] are using university servers,” said Lydia Pellicia, assistant director of media relations for RIAA. “It’s against the law to make a copy of a sound recording without permission from the copyright holder.”
In the letters sent to universities, RIAA has asked them to remove sites from their servers that circulate copyrighted material, she said.
In addition to these actions, last week RIAA launched the Soundbyting Campaign, a new anti-piracy program for colleges and universities.
According to a press release, “this innovative new program brings together diverse schools from across the country with the trade association representing the nation’s top recording labels … The materials are designed to give students a basic understanding of copyright and how it applies to music on the Internet.”
There are 10 colleges and universities participating in this program, but Iowa State is not among the list of participants.
Amidst the sea of countless MP3 Web sites, the music industry has struggled with the difficulty of tracking people who are distributing MP3 files.
The question arises as to whether the industry can monitor people’s actions.
In an attempt to pinpoint specific copyright offenders, the record association has been using an automated Web crawler. Pellicia said the Web crawler is a computer program that surfs the Internet for specific sites that make such music files available.
RIAA also employs a team of Internet specialists who manually search for sites in violation of copyright laws, Pellicia added.
Tanaka said there is debate as to whether a person can create MP3 files intended for personal use.
The question remains as to whom is granted license to create MP3 files — is it the individual artists or the record companies?
“Less Than Jake,” a band signed to Capitol Records, allows and even welcomes the production of MP3 files for its music. On its official Web site, MP3 files are available for downloading.
Tanaka had his own views about the piracy of music on the Internet.
“I think students should think about their own creative interests … [If students want to] move into professions, they will want their own work protected by copyright laws,” Tanaka said. “If students think about that, there will be a greater respect for copyright laws.”