Music History

“Mr. Chief Justice, and may it please the Court: copyright infringement is the only commercially significant use of the Grokster and StreamCast services, and that is no accident.”

“Built on a foundation of artist-centric principles, Streaming 2.0 will represent a new age of innovation, consumer segmentation, geographic expansion, greater consumer value and ARPU growth,” writes Grainge in today’s letter.

The story, Kelley writes, is “the tale of what happens when working-class consumption of popular culture overrides the interests or concerns of popular culture workers . . . a story about the limits of solidarity . . . [set by] consumers whose own self-interest may actually clash with the demands of laboring artists.”

The music streaming industry is at a critical juncture . While revenues are at an all-time high, driven by 800 million premium subscribers and a global market worth c. $22 billion, market developments threaten to create and entrench a two-tier system that disadvantages independent music stakeholders. This report evaluates industry changes through... See more

That is, of course, more or less the rub: if the Xerox machine is somewhat of a troubling invention, everything about our modern-day computer-rich ecosystem is a thousand times worse. My phone syncs to my tablet syncs to my laptop; the value proposition of every device on my person is that it instantaneously and unquestioningly shares copies — of... See more

The decision created a new form of liability known as “inducement”: the technology companies, the court ruled, had seduced the users — the teens, the kids, the fans, the pirates — into infringing copyright. It didn’t matter that these services never hosted any files or made a central index.

One of the reasons we haven’t heard much about Pejačević until recently is because of her untimely death at the age of thirty-eight, just a month after giving birth to her only child. Given medical provision in the 1920s, it was always a risk for a woman to be pregnant in her late thirties. Perhaps with this in mind, Pejačević wrote a poignant... See more

In 1926, the year before The Jazz Singer popularized pre-recorded sound to cinema, theater pits employed 22,000 musicians in the United States; by 1934, there were only 4,100. Fewer musicians’ salaries meant lower ticket prices and more daily showings, and attendance almost doubled. New York City’s Local 802 organized picket lines outside theaters... See more

And in the court’s strenuous efforts to walk that fine line between the iPod and the RIAA, it shamelessly made up an entire copyright law doctrine without batting an eye, a theory of liability that hadn’t existed up until that point in time.