Recording Industry Association of America

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The Recording Industry Association of America (or RIAA) is a 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. It is involved in a series of controversial copyright infringement legal actions on behalf of its members.

The RIAA 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 goals^[1] are to uphold copyright worldwide and the First Amendment rights of artists, to perform research about the music industry,^[2] and to monitor and review relevant laws, regulations and policies.

Contents 1 Company structure 2 Sales certification 3 Efforts against file sharing 4 High profile lawsuits 5 Work made for hire controversy 6 Legislation and regulation today 7 Boycotts 8 Cultural references 9 Similar organizations 10 See also 11 References 12 External links

[edit] Company structure

The RIAA is led by Mitch Bainwol, who has been 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.^[3]

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.

The RIAA's website contains a list of members, which has been disputed in the past, as Matador Records, Fat Wreck Chords^[4] Lookout Records, Epitaph Records and Bloodshot Records, who are not members have been listed there.^[5] Some may have been automatically included in the list as they were using RIAA members as distributing labels.

[edit] Sales certification

Main article: RIAA certification

The RIAA operates an award program for albums which sell a large number of copies.^[6] The scheme originally began in 1958, with a Gold Award for singles and albums which reach US$ 1 million sales. The scheme was changed in 1975 to be based on the number of copies sold, with singles and albums selling 500,000 copies and the RIAA has created another unit system artists who sell 15 million sales will be named PEARL awarded the Gold Award. In 1976, a Platinum Award was added for one million sales, and in 1999 a Diamond Award for ten million sales. The scheme is open to RIAA members and non-members.^[7]

The RIAA also operates a similar scheme for Spanish language music sales, called the Los Premios Awards.

[edit] Efforts against file sharing

Main article: RIAA efforts against file sharing

The RIAA is a fierce opponent of copyright infringement through file-sharing, particularly targets music files distributed via the Internet using peer-to-peer software. The RIAA claims that music piracy results in a reduction of profits of $4.2 billion per year for the music industry worldwide, which harms honest consumers, record labels, retailers and artists.^[8]

As of July 2006, the RIAA has sued more than 20,000^[9] people in the United States suspected of distributing copyrighted works, and have settled approximately 2,500 of the cases.

There is much criticism of the RIAA's policy and method of suing individuals for copyright infringement. Brad Templeton of the Electronic Frontier Foundation has called the RIAA's lawsuits "spamigation"^[10] and implied they are done merely to intimidate people.

The Electronic Frontier Foundation, American Civil Liberties Union and Public Citizen oppose the ability of the RIAA and other companies to "strip Internet users of anonymity without allowing them to challenge the order in court".^[11][12]

The RIAA bases their knowledge on who commits copyright infringement only on their IP address,^[13] and as such do not know any additional information about a person before they sue. This has lead to them issuing subpoenas to a dead grandmother,^[14], an elderly computer novice,^[15] a woman with multiple sclerosis,^[16] and even those without any computer at all.^[17] Sometimes the RIAA continue to sue even in these cases, or seek to settle without prejudice.

After learning that one alleged copyright infringer has died, the RIAA offered the deceased man's family a period of sixty days to grieve the death before they began to depose members of his family for the suit against his estate.^[18]

The RIAA has also been criticized for bringing lawsuits against children as young as 12.^[19]

Between September 2003 and April 2004, the RIAA operated the "Clean Slate Program". It claimed to give those accused of copyright infringement amnesty "on the condition that they refrain from future infringement,"^[20]. Some suggest the offer was misleading and provided no such assurance.^[21][22]

As of February, 2007 the RIAA began sending letters accusing internet users of sharing files and directing them to a web site, where they can make "discount" settlements payable by credit card.^[23]

[edit] 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.^[24]

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."^[25] In 2002 the RIAA also sued Aimster, which provided a similar service. Napster has since been taken over by Roxio and provides a download service which is sanctioned by the RIAA.

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. Verizon attorney Sarah Deutsch challenged the subpoena's validity on procedural and privacy grounds.^[26] In December of 2003, this failed when a federal appeals court overturned a lower court order. 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.^[27] The court opinion was written by Judge Douglas Ginsburg.

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.^[28] It is also suing several Internet radio stations.^[29]

In 2005, Patricia Santangelo made the news by challenging the RIAA's lawsuit against her. While she succeeded in getting the lawsuit against her dismissed, her children were then sued, with a default judgment entered against her daughter Michelle for $30,750 for failing to respond to the lawsuit (a motion to vacate has yet to be filed). Another defendant, Tanya Andersen, a 41 year-old single mother living in Oregon, has filed a countersuit against the RIAA.

In 2006, the Electronic Frontier Foundation, the American Civil Liberties Union, Public Citizen, the ACLU of Oklahoma Foundation, and the American Association of Law Libraries submitted an amicus curiae brief in support of the motion for attorneys fees that has been made by Deborah Foster in Capitol Records v. Debbie Foster, in federal court in Oklahoma, requesting that attorney's fees be awarded to the defendant and alleging a pattern of inadequate investigation and abusive legal practices by the RIAA.^[30] The RIAA asked the Court not to accept the amicus curiae brief, claiming that the "Movants attempt to paint a false picture of Plaintiffs and the recording industry run amok"^[31]. On February 6, 2007, the attorneys fee motion was granted. ^{[32][33][34][35]}

In December 21 of 2006, the RIAA filed a lawsuit for Russian owned and operated website AllOfMP3.com in the amount of 1.65 trillion dollars. This number was derived from them arguing that 11 million songs were downloaded causing a reduction in profits of $150,000 per song. Unfortunately for the RIAA, they have no jurisdiction or support for this lawsuit because the website is operated outside of the USA.

A critical case, which may not only determine the fate of the RIAA's litigation campaign, but also impact the scope of copyright across the internet, is Elektra v. Barker.^[36] In that case, Tenise Barker, a 29-year-old nursing student in the Bronx, moved to dismiss the RIAA's complaint for lack of specificity, and on the ground that merely "making available" does not constitute a copyright infringement.^[37] In opposing Ms. Barker's motion, the RIAA argued that "making available" is indeed a copyright infringement. Upon learning of the RIAA's argument, which sought to expand copyright law, the Computer & Communications Industry Association, the U.S. Internet Industry Association, and the Electronic Frontier Foundation (EFF) submitted amicus curiae briefs supporting Ms. Barker's motion and rebutting the RIAA's argument. The Motion Picture Association of America, in turn, submitted a brief supporting the RIAA, and the U.S. Department of Justice submitted a "Statement of Interest" refuting one argument made by the EFF. The case was argued before Judge Kenneth M. Karas in Manhattan federal court on January 26, 2007, who indicated that he will decide the "making available" issue. As of this writing the parties are awaiting the Court's decision.

[edit] 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.

[edit] 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 prevent copyright infringement. This legislation includes the proposed Digital Content Protection Act of 2006, which is being considered by the Senate. According to PublicKnowledge^[38] and the EFF,^[39] 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.^[40]

In February 2007, a Judge in a Brooklyn Federal court said the RIAA must prove the basis for claiming a reduction in profits of $750 per song in its lawsuits, since copies of the songs were being sold for $0.70 to retailers. The recording industry fought against such a ruling, claiming the defendants couldn't be responsible for setting the price of the songs.^[41][42]

[edit] Boycotts

Several internet-based groups, including RIAA-Radar and, in March 2007 Gizmodo[3], have advocated boycotting RIAA member labels.

[edit] Cultural references

• "Weird Al" Yankovic's single "Don't Download This Song" satirizes the RIAA's lawsuits against copyright infringers.
• The March 4, 2007 FoxTrot strip also satirized the RIAA's lawsuits, where Jason tried to teach his iguana Quincy to download music, because "it's one thing for them to go after single moms, widows, grandmothers, dead people and children... but sue an iguana?! That'd be insane!^{[citation needed]}

[edit] Similar organizations

• The MPAA tries to prevent and punish copyright infringement of movies in the United States. Sometimes the shorthand **AA is used to refer to both the RIAA and the MPAA. On April 1, 2006, John T. Haller parodied the two organizations on a joke website announcing their fictional merger, introducing another abbreviation for the fictional combined entity: "MAFIAA" (Music And Film Industry Association of America).
• 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 affiliated 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 also try to prevent and punish copyright infringement, their efforts are more subdued than those of the RIAA's.
• FACT, the Federation Against Copyright Theft (website) is the main UK anti-copyright infringement organization, though it mainly deals with copyright infringement relating to films.
• CRIA, the Canadian Recording Industry Association (website) is the non-profit trade organization representing Canadian companies that create, manufacture and market sound recordings.
• ARIA, the Australian Recording Industry Association (website) is the organization which oversees the collection, administration and distribution of music licenses and royalties in Australia.
• RIANZ, the Recording Industry Association of New Zealand, is the non-profit trade association for producers and artists in New Zealand.
• SGAE, the General society of Authors and Publishers in Spain.
• JASRAC, the Japanese Society for Rights of Authors, Composers and Publishers in Japan.
• RIAJ, the Recording industries Association of Japan.
• ROMS, the Russian Organization on Collective Management of Rights of Authors and Other Rightholders in Multimedia, Digital Networks & Visual Arts in Russia.

[edit] See also

• Anti-copyright
• CRIA
• List of RIAA member labels
• Parental advisory
• FCC

[edit] References

[edit] External links

• RIAA official website
• Boycott RIAA website and online community Critical of; and in opposition to the RIAA
• The RIAA Radar Find out if a specific CD was released by a RIAA member
• Whistleblower - Scan your NNTP news provider for the presence of copyright infringing music, movies or software
• 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
• How the RIAA litigation process works - Legal explanation by attorney Ray Beckerman
• The True Way To Show Your Feelings About The RIAA