Recording Industry Association of America

The Recording Industry Association of America (or RIAA) is the trade group that represents the recording industry in the United States. Its members consist of a large number of private corporate entities such as record labels and distributors, who create and distribute about 90% of recorded music sold in the US.

Responsibilities

The RIAA's was formed in 1952 primarily to administer the RIAA equalization curve. This is a technical standard of frequency response applied to vinyl records during manufacturing and playback. The RIAA has continued to participate in creating and administering technical standards for later systems of music recording and reproduction, including magnetic tape, cassette tapes, digital audio tapes, CDs and software-based digital technologies.

The RIAA also participates in the collection, administration and distribution of music licenses and royalties.

The association is responsible for certifying gold and platinum albums and singles in the USA. For more information about sales data see List of best selling albums and list of best selling singles.

The RIAA's stated goalsAbout the RIAA, RIAA Website are to protect intellectual property rights and the rights of artists worldwide, to perform research about the music industry,Marketing and Research Data, RIAA Website and to monitor and review relevant laws, regulations and policies.

Company Structure

The RIAA is led by Mitch Bainwol, who is Chairman and CEO since 2003. He is assisted by Cary Sherman, the President of the Board of Directors. There are 27 members of the board, who are drawn from a number of record companies Board of the RIAA (RIAA website)

The RIAA represents a large number of members (see List of RIAA member labels), who are private corporate entities such as record labels and distributors, and who create and distribute about 90% of recorded music sold in the US.

Website

The RIAA's website is an obvious target for some hackers (correctly called crackers) who oppose the RIAA's practices. Crackers (hackers) are sometimes able to deface the website RIAA hacked, faces more opposition, Geek News.

The RIAA's website also contains a list of members. This list has been disputed in the past, as Matador Records and Lookout Records, who are not members have been listed there How the RIAA expands its membership, p2pnet. The reason for this is unclear.

Efforts Against File Sharing

The RIAA is a critic of music file-sharing, and has long contended that sharing of copyrighted music is a form of piracy, applying the well-known computing term to music. The RIAA especially targets music files uploaded onto the Internet using peer-to-peer software, a practice which the RIAA claims costs $4.2 billion worldwide Anti-Piracy, RIAA Website.

Hilary Rosen, the RIAA's president and chief executive officer from 1998 to 2003, was an outspoken critic of peer to peer file sharing, and under her direction, the RIAA waged an aggressive legal campaign trying to eliminate illegal file-sharing worldwide. Rosen has since expressed "concern that the lawsuits have outlived most of their usefulness", and that music devices should try "to work better together." For the Record, for What It's Worth, by Hilary Rosen, the Huffington Post, 4 June 2006

The RIAA and its member groups argue that Internet distribution of music, without the consent of the owner of the copyright in that music, harms the careers of current and future artists, both because record companies would have less sales, and also because musicians, singers, songwriters and producers depend heavily on royalties and fees gained from their music.

The RIAA takes a broad view about what constitutes copyright infringement. In 2006, the RIAA claimed that ripping CDs and backing them up does not constitute fair use, because tracks from ripped CDs do not maintain the controversial DRM to protect the music file from copyright infringement. They argue that, there is no evidence that any of the relevant media are "unusually subject to damage" and that "even if CDs do become damaged, replacements are readily available at affordable prices."RIAA Says Ripping CDs to Your iPod is NOT Fair Use, EFF Deep Links, 15 February 2006 The RIAA suggests that DRM restrictions should remain in effect under all circumstances, even if it potentially endangers lives.Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies - Joint Reply Comments (pdf), by RIAA and other organizations, pp 22-23, 2 February 2006. Ed Felten provided a response at RIAA Says Future DRM Might “Threaten Critical Infrastructure and Potentially Endanger Lives”, Freedom to Tinker, 8 March 2006

The RIAA sees lawsuits as one way to combat the problem of Internet-based piracy. RIAA President Cary Sherman claims that the large number of lawsuits filed has "arrested the growth of a runaway solution that would have grown worse and worse."RIAA's next moves in Washington, ZDNet, 26 May 2006

The RIAA has been more focused since 2005 on University and college-aged students, with the purpose stated by the RIAA to deter and discourage unethical habits by youth on the verge of entering the world community.

The RIAA Dirty Dozen

In a May 3, 2006 press release, the Association labeled the cities of Atlanta, Austin, Chicago, Dallas, Houston, Los Angeles, Miami, New York, Philadelphia, Providence, San Diego, and San Francisco, "Piracy Cities" which have large numbers of music thieves engaged in criminal copyright activities. Declaring them '...all "hot spots" of music theft, with significant piracy problems from the manufacturer level all the way down to the point of retail sale.'

Criticism

Critics of the RIAA have claimed that the RIAA's attacks against the sharing of music files has failed to stop the sharing or protect their sales. They note the increase in CD sales during the Napster era and the subsequent decrease during the RIAA's crackdown on peer-to-peer network users, and instead believe that the trading of songs over P2P actually introduces new artists to people who otherwise would not have noticed them, prompting them to buy new CDs created by these artists. The steadily increasing popularity of free content, such as that provided by Creative Commons, is taken by these critics as proof that the RIAA's restriction of free music downloads runs counter to their own interests. Some of the RIAA's members have released samples with Creative Commons licenses Examples of Creative Commons samples released include the Fort Minor Remix Contest at ccMixter.

Organizations such as p2pnet RIAA file sharing travesty, p2pnet allege that the RIAA is, in effect, an organized cartel which artificially inflates and fixes the prices for CDs. The allegations note that the "Big Four" (EMI, Sony-BMG, Universal Music and Warner) distribute over 95 percent of all music CDs sold worldwide, and that the share of the price of an individual CD actually received by the artist is low, despite the large profits made by the record company.Artists receive about 10% royalties for CD sales, and about 5-8% royalties for downloads, of which about 20% goes to the manager. However, before royalties are start to be paid to the artist, the record company takes back the money used for the recording. Sources: How Music Royalties Work, by Lee Ann Obringer, How Stuff Works; and Follow the Money: Who's Really Making the Dough?, by Eric Leach and Bill Henslee, Electronic Musician, 1 November 2001EMI made $169 million in 2005, according to EMI Net Profit Up 20 Percent for 2005, NewsFactor, 23 May 2006 In 2003, the major CD issuers in the American market, including the "Big Four" settled a major scale price-fixing case brought by 43 state Attorneys General by issuing refunds to consumers and donating CDs to libraries and educational groups Source: Compact Disc Minimum Advertised Price Antitrust Litigation Settlement. This drew additional criticism, since many of the CDs donated to schools were duplicates or were inappropriate for high school libraries CD trove is proving short on treasures, Seattle Pi, 24 June 2004; and CD settlement delivers duds, Stevens Point Journal, 22 July 2004.

There is much criticism of the RIAA's policy and method of suing people for copyright infringement, notably with Internet-based pressure groups such as the Electronic Frontier Foundation, Boycott RIAA and FreeCulture Stop the RIAA! petition, EFF; Website, Boycott RIAA; RIAA Free, FreeCulture. To date, the RIAA has sued approximately 16,000 How Can I Swap Safely?, Wired, January 2006 people in the United States suspected of distributing copyrighted works, and have settled approximately 2,500 of the cases. There are some suggestions that the RIAA begins legal proceedings without any knowledge of whether they have engaged in copyright abuses or not How the RIAA Litigation Process Works, Recording Industry vs The People, 23 May 2006.

The RIAA has been criticised in the media after they subpoenaed Gertrude Walton, an 83-year-old grandmother who had died in December of 2004 I sue dead people, ARS Technica, 4 February 2005. Mrs. Walton stood accused of swapping rock, pop and rap songs. The RIAA in 2003 attempted to sue Sarah Seabury Ward, a 66 year-old sculptor residing in Boston, Massachusetts. They alleged that she shared more than 2,000 songs illegally. The RIAA dropped the suit when it was discovered that she was a computer novice. The case was dismissed, but without prejudice.

The RIAA has also been criticised for bringing lawsuits against children, such as 12 year old Brianna LaHara in 2003 RIAA settles with 12-year-old girl, CNet News, 9 September 2003. The RIAA also attempted to sue Candy Chan of Michigan, for the alleged actions of her daughter, 13 year old Brittany Chan. The court dismissed Priority Records v. Chan Index of Litigation Documents Referred to in Recording Industry vs. The People, Ray Beckerman because it was ruled that the mother could not be sued for the alleged infringements of her daughter. Priority Records v. Chan: RIAA Must Get Guardian Ad Litem Appointed for Suit Against 13 Year Old, Digital Music News, 3 June 2006 When the court ruled in favor of the mother, dismissing the case, the RIAA proceeded to sue her child. However, prosecuting a minor is more difficult, and many previous adult defendants have said that the P2P software installation and copyright infringement was done without their knowledge by one of their children.

The RIAA's recent targeting of students has generated controversy as well. An April 4th story in the MIT campus newspaper The Tech indicates that an RIAA representative stated to Cassi Hunt, an alleged file-sharer, that previously, "the RIAA has been known to suggest that students drop out of college or go to community college in order to be able to afford settlements."Run Over by the RIAA Don...t Tap the Glass, Cassi Hunt, MIT Tech, Tuesday, April 4, 2006. Volume 126, Number 15.

The RIAA has recently sent cease-and-desist letters to YouTube users for publishing their own works without licensing.^*, RIAA sues Youtube users

The RIAA has also filed a lawsuit against a woman who has never bought, turned on, or used a personal computer for using an "online distribution system" to obtain unlicensed music files."Marie Lindor to Move for Summary Judgment", by Ty Rogers and Ray Beckerman, February 3, 2006

Clean Slate Program

Between September 2003 and April 2004, the RIAA operated a system called the Clean Slate Program. It aimed to give those accused of copyright infringement amnesty "on the condition that they refrain from future infringement,"Clean Slate Program, RIAA Website plus delete the infringing material. The RIAA states this is was an educational initiative about illegal file sharing, and was stopped due to increased public awareness in the issues. The program may also have been stopped due to the low number of takers.1,108 people signed up to the Clean Slate program, according to RIAA Drops 'Clean Slate', by Fraser Lovatt, Digital-Lifestyles.org, 21 April 2004 There is some doubt about whether the RIAA can offer this protection, as it cannot protect from lawsuits by record companies and music publishers.Fake "Clean Slate" Gone - How About a Real One?, EFF Deep Links, April 17, 2004 In addition, some Attorneys claimed the offer of amnesty was misleading, and legal documents provided by the RIAA "provides ... no promise not to sue you."Ira Rothken, Consumers Strike Back, Sue RIAA, PCWorld.com, September 11, 2003

High Profile Lawsuits

In October 1998, the Recording Industry Association of America filed a lawsuit in the Ninth U.S. Court of Appeals in San Francisco claiming the Diamond Multimedia Rio PMP300 player violated the 1992 Audio Home Recording Act. The Rio PMP300 was significant because it was the second portable consumer MP3 digital audio player released on the market. The three judge panel ruled in favor of Diamond, paving the way for the development of the MP3 portable player market. Court OKs Diamond Rio MP3 Player, by Elizabeth Clampet, InternetNews.Com, 16 June 1999

On December 7, 1999, the RIAA sued Napster for providing a service which enabled users to download MP3 files off other users' machines. The RIAA claims that Napster "facilitates piracy of music on an unprecedented scale." Frequently Asked Questions - Napster and Digital Music, RIAA Website In 2002 the RIAA also sued Aimster, which provided a similar service. Napster has since been taken over by Roxio and provides a legal download service.

Between 2002 and 2003, the RIAA attempted to get Verizon to disclose the identities of file-sharing customers based on a simple one-page subpoena. In December of 2003, this failed, when a federal appeals court overturned a lower court order requiring. The RIAA claims this procedure was sanctioned by the Digital Millennium Copyright Act, but the appeals court ruled that the DMCA regulation applies only to data actually hosted by an Internet service provider, rather than data on a customer's computer. The United States Supreme Court let this ruling stand in 2004. As a result, the RIAA must now file individual civil suits against each accused file-sharer, and the ISP and alleged file sharer have more legal avenues for preventing disclosure of their identity, making the entire process much more expensive, slow and complicated. Subpoena Defense

RIAA has also filed suit in 2006 to enjoin digital satellite radio XM from enabling its subscribers from playing songs it has recorded from its satellite broadcasts.XM Faces The Music In RIAA Copyright Suit, by Joseph Palenchar, TWICE, 22 May 2006 It is also suing several Internet radio stations.RIAA sues Internet radio stations, Out-Law.com, July 2001

In 2005, Patricia Santangelo made the news by challenging the RIAA's lawsuit against her. Another defendant, Tanya Andersen, a 41 year-old single mother living in Oregon, has filed a countersuit against the RIAA.

Work Made For Hire controversy

In 1999, Stanley M. Glazier, a Congressional staff attorney, inserted, without public notice or comment, substantive language into the final markup of a "technical corrections" section of copyright legislation, classifying many music recordings as "works made for hire," thereby stripping artists of their copyright interests and transferring those interests to their record labels. Shortly afterwards, Glazier was hired as Senior Vice President of Government Relations and Legislative Counsel for the RIAA, which vigorously defended the change when it came to light. The battle over the disputed provision led to the formation of the Recording Artists' Coalition, which successfully lobbied for repeal of the change.

Legislation and Regulation Today

The RIAA has supported and still supports several pieces of legislation in the United States which it believes help it to protect from copyright infringement. This legislation includes the proposed Digital Content Protection Act of 2006, which is being considered by the Senate. According to PublicKnowledge"New and Improved" Draft Broadcast Flag Bill: This Time for TV and Radio, by Alex Curtis, PublicKnowledge, 20 January 2006 and the EFF,New Senate Broadcast Flag Bill Would Freeze Fair Use, EFF Deep Links, 20 January, 2006 this would prevent new ways to use media content, and could prevent customers from recording music, even if covered by fair use. This would effectively create a radio broadcast flag rule. The RIAA has supported legislation in the past which also attempted to introduce a radio broadcast flag.

The RIAA is also involved in opposing legislation which harms the free speech rights of artists, such as restrictions on sales of recordings which might be considered controversial or which have the Parental Advisory label.Freedom of Speech, RIAA Website

Similar Organizations

The MPAA deals with copyright abuses in the movie industry in the United States. Sometimes the shorthand **AA is used to refer to both the RIAA and the MPAA.
IFPI, the International Federation of Phonogram and Videogram Producers (website). IFPI represents the recording industry worldwide with over 1450 members in 75 countries and affiliated industry associations in 48 countries. The IFPI works in partnership with similar national organizations, which are listed on the site. IFPI are affiliate with the RIAA.
BPI, the British Phonographic Industry (website) is the UK music industry association. They founded the Brit Awards, and give Gold, Silver and Platinum disks for UK-based sales. While they do have an anti-piracy remit, it is more subdued than the RIAA's efforts.
FACT, the Federation Against Copyright Theft (website) is the main UK anti-piracy organization , though it mainly deals with video piracy.

References

External links

RIAA official website
Boycott-RIAA.com
The Riaa Radar Find out if a specific CD was released by a RIAA member
http://www.penetrationtest.com/whistle.php - Whistleblower - Scan your NNTP news provider for the presence of pirated music, movies or software
RIAA vs. The People RIAA related lawsuits.
The Subpoena Defense Alliance - provides information on court decisions related to identity disclosure and the Verizon case in particular

RIAA Says No Dancing To Music On YouTube-Article about RIAA's latest crackdown on copyright policy