TECHNICAL CONVERGENCE

ONLINE DISTRIBUTION

AND

MUSIC PIRACY

METALLICA v NAPSTER

In 2000, Metallica recorded a demo “I Disappear” that was due to be released in combination with the Mission: Impossible II soundtrack.

It had not been released, yet was receiving radio airplay. Metallica traced the source of where the radio had obtain the track and found it to be Napster.

Metallica filed a lawsuit against the site, discovering that three U.S universities were guilty of copyright infringement.

It became a witchhunt – blocking and banning those who were using Napster to share music. Metallica hired an online firm to monitor usage of Napster, recording those who were sharing Metallica’s music. There were over 300,000 users and all were banned from using the service.

METALLICA v NAPSTER

With the help of more artists, including Dr. Dre, Metallica’s case resulted in over half a million users being banned from the illegal downloading and sharing of music.

In 2001, the court ruled that either a filter be placed on Napster preventing the site to allow music to be shared or face being shut down. Napster was ordered to pay $26 million to artists for the unauthorised use of their records.

In 2002, despite interest from Bertelsmann Music Group, Napster filed for bankruptcy.

METALLICA v NAPSTER

PINK FLOYD v EMI

Pink Floyd are a British band formed in the late 1960s, but saw most of their success in the late 1970s and early 80s.

They have sold over 200 million albums and are best known for their innovative album art work and “concept” albums, where all songs were centred around one theme.

In 1967, Pink Floyd signed with EMI and six years later in 1973, released their biggest selling album “Dark Side of The Moon.”

It has sold over 45 million copies, earning EMI a fortune over their 40+ year deal with them.

PINK FLOYD v EMI

In 2009, Pink Floyd began legal proceedings against EMI over the online distribution of their “concept” albums. Floyd claim that no agreement was made whereby their tracks could be sold individually on sites such as iTunes.

They also claimed that EMI owe the band over £10million in unpaid royalties.

THE LEGAL BATTLE

On 11 March 2010, Pink Floyd won the High Court case against EMI. The record label was ordered to pay £40,000 in costs to the band.

They were told by Chancellor Sir Andrew Morritt that the contract meant EMI were "not entitled to exploit recording by online distribution or by any other means other than the original album, without the consent of Pink Floyd".

THE DECISION

1) Think about these two cases. What do you think each ruling means for record labels and audiences?

2) Pink Floyd have prevented their albums being “pulled apart” and sold online. List an advantage and disadvantage for other acts following suit.

3) The case against Napster is not the only one of its kind. Can you think of any other examples where an online site has had legal action filed against it?

THE FUTURE?