The Recording Industry Association of America (RIAA) is a trust that represents the recording industry The music industry sells compositions, recordings and performances of music. Among the many individuals and organizations that operate within the industry are the musicians who compose and perform the music; the companies and professionals who create and sell recorded music (e.g., music publishers, producers, studios, engineers, record labels, distributors in the United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language. Its members consist of record labels and distributors, which the RIAA say "create, manufacture and/or distribute approximately 85% of all legitimate sound recordings produced and sold in the United States".[1]
The RIAA was formed in 1952[2] primarily to administer the RIAA equalization RIAA equalization is a specification for the correct playback of gramophone records, established by the Recording Industry Association of America . The purpose of the equalization is to permit greater playback times, improve sound quality, and to limit the vinyl damages that would otherwise arise from recording analog records without such curve,[citation needed] a technical standard of frequency Frequency is the number of occurrences of a repeating event per unit time. It is also referred to as temporal frequency. The period is the duration of one cycle in a repeating event, so the period is the reciprocal of the frequency. Loosely speaking, 1 year is the period of the Earth's orbit around the Sun, and the Earth's rotation on its axis has response applied to vinyl records A gramophone record, commonly known as a phonograph record , vinyl record (when made of polyvinyl chloride), or simply record, is an analog sound storage medium consisting of a flat disc with an inscribed, modulated spiral groove. The groove usually starts near the periphery and ends near the center of the disc. Phonograph records are generally during manufacturing and playback. The RIAA has continued to participate in creating and administering technical standards for later systems of music recording Sound recording and reproduction is an electrical or mechanical inscription and re-creation of sound waves, such as spoken voice, singing, instrumental music, or sound effects. The two main classes of sound recording technology are analog recording and digital recording. Acoustic analog recording is achieved by a small microphone diaphragm that and reproduction, including magnetic tape Magnetic tape is a medium for magnetic recording, made of a thin magnetizable coating on a long, narrow strip of plastic. Most audio, video and computer data storage is this type. It was developed in Germany, based on magnetic wire recording. Devices that record and play back audio and video using magnetic tape are tape recorders and video tape (including cassette The Compact Cassette, often referred to as audio cassette, cassette tape, cassette, or simply tape, is a magnetic tape sound recording format. Although originally designed for dictation, improvements in fidelity led the Compact Cassette to supplant reel-to-reel tape recording in most non-professional applications. Its uses ranged from portable tapes and digital audio tapes Digital Audio Tape is a signal recording and playback medium developed by Sony and introduced in 1987. In appearance it is similar to a compact audio cassette, using 4 mm magnetic tape enclosed in a protective shell, but is roughly half the size at 73 mm × 54 mm × 10.5 mm. As the name suggests, the recording is digital rather than analog. DAT), CDs A Compact Disc is an optical disc used to store digital data. It was originally developed to store sound recordings exclusively, but later it also allowed the preservation of other types of data. Audio CDs have been commercially available since October 1982. In 2010, they remain the standard physical storage medium for audio and software-based digital technologies.
The RIAA participates in the collection, administration and distribution of music licenses The verb license or grant licence means to give permission. The noun licence refers to that permission as well as to the document memorializing that permission and royalties Royalties are usage-based payments made by one party (the "licensee") and another (the "licensor") for ongoing use of an asset, sometimes an intellectual property (IP). Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such. The association is also responsible for certifying In the United States, the Recording Industry Association of America awards certification based on the number of albums and singles sold through retail and other ancillary markets. Other countries have similar awards . Certification is not automatic; for an award to be made, the record label must request certification and pay a fee to have the gold and platinum albums and singles Music recording sales certification is a system of certifying that a music recording has shipped a certain number of copies in the USA.
The RIAA lists its goals as:[1]
- to protect intellectual property rights Intellectual property is a term referring to a number of distinct types of creations of the mind for which property rights are recognised--and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries worldwide and the First Amendment The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law "respecting an establishment of religion", impeding the free exercise of religion, infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble rights of artists;
- to perform research about the music industry;
- to monitor and review relevant laws, regulations and policies.
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Company structure and sales
As of April 2007[update], the RIAA is led by Mitch Bainwol, who has been Chairman The chairman is the highest office of an organized group such as a board, committee, or deliberative assembly. The person holding the office is typically elected or appointed by the members of the group. The chairman presides over meetings of the assembled group and conducts its business in an orderly fashion. When the group is not in session, the and CEO A chief executive officer or chief executive is the highest-ranking corporate officer (executive) or administrator in charge of total management of an organization. An individual appointed as CEO of a corporation, company, organization, or agency reports to the board of directors since 2003. He is assisted by Cary Sherman, the President of the Board of Directors. The board of directors consists of 26 members of the board, drawn mostly from the big four members of the RIAA.[3]
The RIAA represents over 1,600 member labels, which are private corporate entities such as record labels and distributors, and which collectively create and distribute about 90% of recorded music sold in the United States. The largest and most influential of the members are the "Big Four" that include:
- EMI The EMI Group is a British music company. It is the fourth-largest business group and family of record labels in the recording industry, making it one of the "big four" record companies and a member of the RIAA. EMI Group also has a major publishing arm - EMI Music Publishing - based in New York City. The company was once a constituent
- Sony Music Entertainment Sony Music Entertainment is the second-largest global recorded music company of the "big four" record companies and is controlled by Sony Corporation of America
- Universal Music Group Universal Music Group is the largest business group and family of record labels in the recording industry. It is the largest of the "big four" record companies by its commanding market share and its multitude of global operations. Universal Music Group is a wholly owned subsidiary of international French media conglomerate Vivendi
- Warner Music Group Warner Music Group is the third-largest business group and family of record labels in the recording industry, making it one of the big four record companies. The current incarnation of the company was formed in 2004 when it was spun off from Time Warner, and as a result, Time Warner no longer retains any ownership. Warner Music Group also has a
The total retail value of recordings sold by members of the RIAA is reported to be $10.4 billion[4] at the end of 2007, reflecting a decline from a high of $14.6 billion in 1999.
Sales certification
Main article: RIAA certification In the United States, the Recording Industry Association of America awards certification based on the number of albums and singles sold through retail and other ancillary markets. Other countries have similar awards . Certification is not automatic; for an award to be made, the record label must request certification and pay a fee to have theThe RIAA operates an award program for albums that sell a large number of copies.[5] The program originally began in 1958, with a Gold Award for singles and albums that reach US$1 million sales. The criteria was changed in 1975 to be based on the number of copies sold, with singles and albums selling 500,000 copies 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 awards are open to both RIAA members and non-members.[6]
The RIAA also operates a similar program for Spanish language Countries where Spanish has official status. States of the U.S. where Spanish has no official status but is spoken by 25% or more of the population. States of the U.S. where Spanish has no official status but is spoken by 10-20% of the population. States of the U.S. where Spanish has no official status but is spoken by 5-9.9% of the population music sales, called Los Premios Awards.
“Digital” sales certification
In 2004, the RIAA added a branch of certification for what it calls “digital” recordings, meaning roughly “recordings transferred to the recipient over a network” (such as those sold via the iTunes Store The iTunes Store is a software-based online digital media store operated by Apple. Opening as the iTunes Music Store on April 28, 2003, with over 200,000 items to purchase, it is, as of April 2008, the number-one music vendor in the United States. On February 24, 2010, the store served its 10 billionth song download; this major milestone was), and excluding other obviously-digital media such as those on CD A Compact Disc is an optical disc used to store digital data. It was originally developed to store sound recordings exclusively, but later it also allowed the preservation of other types of data. Audio CDs have been commercially available since October 1982. In 2010, they remain the standard physical storage medium for audio, DAT Digital Audio Tape is a signal recording and playback medium developed by Sony and introduced in 1987. In appearance it is similar to a compact audio cassette, using 4 mm magnetic tape enclosed in a protective shell, but is roughly half the size at 73 mm × 54 mm × 10.5 mm. As the name suggests, the recording is digital rather than analog. DAT, or MiniDiscs A MiniDisc is a magneto-optical disc-based data storage device initially intended for storage of up to 80 minutes of digitized audio. Today, in the form of Hi-MD, it has developed into a general-purpose storage medium in addition to greatly expanding its audio roots. In 2006, “digital ringtones” were added to this branch of certification. As of 2007[update], the certification criteria for these recordings are as follows:
- Silver: more than 100,000 copies
- Gold: more than 500,000 copies
- Platinum: more than 1,000,000 copies
- Multi-Platinum: more than 2,000,000 copies
- Diamond: more than 10,000,000 copies
Video Longform certification
Along with albums, digital albums, and singles there is another classification of music release called "Video Longform." This release format includes: DVD and VHS releases, and certain live albums and compilation albums. The certification criteria is slightly different from other styles.[7]
- Gold: 50,000
- Platinum: 100,000
Efforts against infringement of members' copyrights
Efforts against file sharing
Main article: Trade group efforts against file sharing Arts and media industry trade groups such as the Recording Industry Association of America and Motion Picture Association of America (MPAA) are fierce opponents of copyright infringement through file-sharing. The organizations particularly target music files distributed via the Internet using peer-to-peer software, a practice which the RIAA claimsThe RIAA opposes unauthorized sharing of its music. Studies conducted since the association began its campaign against peer-to-peer file-sharing have concluded that losses incurred per download range from negligible[8][9] to substantial.[10][11]
The association has commenced high profile lawsuits against file sharing service providers. It has also commenced a series of lawsuits against individuals suspected of file sharing, notably college students and parents of file sharing children. It is accused of employing techniques such as peer-to-peer "decoying" and "spoofing" to combat file sharing.[12][13]
As of late 2008 they have announced they will stop their lawsuits[citation needed] and instead are attempting to work with ISPs who will use a three strike warning system for file sharing, and upon the third strike will cut off internet service all together.[14] However as of 2009 no major ISPs have announced they are part of the plan, and Verizon has publicly denied any involvement with this plan.[15]
Selection of defendants
The RIAA names defendants based on ISP identification of the subscriber associated with an IP address An Internet Protocol address is a numerical label that is assigned to devices participating in a computer network, that uses the Internet Protocol for communication between its nodes. An IP address serves two principal functions: host or network interface identification and location addressing. Its role has been characterized as follows: "A,[16] and as such do not know any additional information about a person before they sue. After an Internet subscriber's identity is discovered, but before an individual lawsuit is filed, the subscriber is typically offered an opportunity to settle. The standard settlement is a payment to the RIAA and an agreement not to engage in file-sharing of music and is usually on par with statutory damages of $750 per work, with the RIAA choosing the number of works it deems "reasonable". For cases that do not settle at this amount, the RIAA has gone to trial, seeking statutory damages from the jury, written into The Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 as between $750 and $30,000 per work or $750 and $150,000 per work if "willful." In the case RIAA v. Tenenbaum, the jury awarded the RIAA $22,500 per song shared by Joel Tenenbaum resulting in a judgment of $675,000 for the shared 30 tracks (this was later reduced to $67,500 by the judge) and in the case RIAA vs Jammie Thomas-Rasset, the jury awarded $80,000 per song, or $1.92 million for 24 tracks[17][18] (this award was later reduced by the judge to $54,000,[19] though the final amount of damages has yet to be determined).
The Electronic Frontier Foundation The Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States. Its stated mission is to:, American Civil Liberties Union The American Civil Liberties Union consists of two separate non-profit organizations: the ACLU Foundation, a 501(c)(3) organization which focuses on litigation and communication efforts, and the American Civil Liberties Union, a 501(c)(4) organization which focuses on legislative lobbying. The ACLU's stated mission is "to defend and preserve and Public Citizen Public Citizen is a non-partisan, politically left-of-center, non-profit public interest Advocacy group based in Washington, D.C., with a branch in Austin, Texas. Public Citizen was founded by Ralph Nader in 1971, but in the aftermath of the 2000 presidential election it sought to publicly dissociate itself from Mr. Nader oppose the ability of the RIAA and other companies to "strip Internet users of anonymity without allowing them to challenge the order in court".[20][21]
The RIAA's methods of identifying individual users had, in some rare cases, led to the issuing of subpoena A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena: to a recently deceased 83-year-old woman,[22] an elderly computer novice,[23] and a family reportedly without any computer at all.[24]
Settlement programs
In February, 2007 the RIAA began sending letters accusing internet users of sharing files and directing them to web site P2PLAWSUITS.COM, where they can make "discount" settlements payable by credit card.[25] The letters go on to say that anyone not settling will have lawsuits brought against them. Typical settlements are between $3,000 and $12,000. This new strategy was formed because the RIAA's legal fees were cutting into the income from settlements.[26] In 2008, RIAA sued nineteen-year-old Ciara Sauro for allegedly sharing ten songs online.[27]
The RIAA also launched an 'early settlement program' directed to ISPs and to colleges and universities, urging them to pass along letters to subscribers and students offering early "settlements", prior to the disclosure of their identities. The settlement letters urged ISPs to preserve evidence for the benefit of the RIAA and invited the students and subscribers to visit an RIAA website for the purpose of entering into a "discount settlement" payable by credit card.[28] By March 2007, the focus had shifted from ISPs to colleges and universities.[26][29][30]
Mon, 23 Aug 2010 18:17:40 GMT+00:00
CNET (blog) Only a handful of smartphones on sale today carry built-in FM radios, but the RIAA is putting pressure on Congress to mandate their inclusion in all ...
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Sat, 10 Jul 2010 11:37:18 GM
p2pnet view P2P | . RIAA. :- In sony bmg music Entertainment v Tenenbaum, the court has reduced the jury's award from $675000, or $22500 per infringed work, to $67500, or $2250 per infringed work, on due process grounds, holding the jury's ...
