The ethics of downloading mp3's

Recently in my studies I had a research assignment, one of the questions was this...

Write (at least) 800 words that describe the ethical and legal issues of copying music illegally over the Internet. You should comment on relevant New Zealand law and whether you agree or disagree with the ethics of doing this. You may want to view this from the point of view of the composer as well as Internet users. Support you answer with discussion.

This is what I wrote...

There are two bands whose music I enjoy the most. The first is the well known band U2. The second is any music put out by an obscure artist Terry Scott Taylor, who has solo works but also is part of the bands Daniel Amos, The Lost Dogs and the Swirling Eddies. Due to the number of sales each musician makes, if I were to, hypothetically, download a U2 album and not buy it then financially they would not really notice it. Terry Taylor however, if I downloaded his latest CD rather than buying it then that means he is actually hurt financially, as that is how he pays his weekly bills, as stated by his, voluntary, on-line store managers John and Eric Townsend, (personal communication April 4, 2006).

The New Zealand statute that covers copyright law is the Copyright Act (1994). It is currently under review with the Copyright (New Technologies and Performers' Rights) Amendment Bill. In summery the act states (in regards to music)that in New Zealand it is illegal:

a. To copy the work:

b. To issue copies of the work to the public, whether by sale or otherwise:

c. To perform the work in public:

d. To play the work in public:

e. To show the work in public:

f. To broadcast the work or include the work in a cable programme service:

g. To make an adaptation of the work:

h. To do any of the acts referred to in any of paragraphs (a) to (f) of this subsection in relation to an adaptation of the work:

i. To authorise another person to do any of the acts referred to in any of paragraphs (a) to (h) of this subsection.

So it is illegal to copy it yourself, or get someone to do it for you, even if you own a copy of it on cassette, and you may not give or sell it to another.

From the facts that it is illegal under New Zealand law and does actual financial harm to the artist, generally I consider it to be unethical to download music over the internet. Unless of course that the owner of the copyright has given you permission to do download the song, or it is a song you have purchased from the copyright holder, or their agent. To not pay the artist for their work, which has cost them money to create, is tantamount to theft from them. If I asked a person to drive from Invercargill (at their own expense) and work for a week building a house then sent them home without pay or even a thankyou, I have taken their time, skill and money for my own benefit.

On the other hand however, what if the album is out of print and it is not likely to be re-released as a CD? The artist is getting no money for it anyhow, it can only be bought on Trademe or Ebay for an expensive amount and you find that someone has made mp3’s of the songs. Who does it hurt to download that? While still illegal – where is the harm? In fact Steve Taylor stated in an interview (Davis 2003) stated in regards to his out of print music “Personally, if you want to get them off the Internet, I have no problem with that, go ahead. They are not available, have at it.” This was great news for me as had have a few of his CD’s and all his albums on cassettes, now I have permission to “have at it”.

Terry Taylor (no relation to Steve) has a different viewpoint about his out of print music. (personal communication April 4, 2006) He wants it to be re-released and he wants it to be special editions with bonus tracks, if people have downloaded the previously out-of-print albums then this lowers the pool of people who are willing to buy the re-released CD, even with bonus tracks. Thus the people who downloaded the album make it less likely that it will be re-released because the album will have a smaller market, less people buy it, and they may not sell enough to make a profit. This harms not only the composer, but the other fans of them as they do not get a re-release with bonus tracks.

There is perhaps an advantage to illegal downloads. It gets your name and music out there to people who would not have been willing to pay to start with, but once they hear you are willing to start paying. The economics go like this. There are fans who will buy anything a composer puts out; they may have 3 releases of the same album, every t-shirt and bumper sticker produced. If you get 1000 of these fans and produce music and merchandise that makes you $100 profit from a fan a year then you have made $100,000. Even if you only get 50 of them then that is $50,000 per annum. Can you make illegal downloads part of your marketing scheme to capture these “uber-fans”? Some such as Radiohead have tried by legally offering their new album for free (or as much as you are willing to pay) before it goes on sale in stores. I have never cared for their music but I must admit I was tempted to have a listen.

In conclusion, yes it is illegal by New Zealand law to download music over the internet when you do not have the permission of the copyright holder to do so. This is unethical as it hurts the composer and the fans who want new or re-released music. It can be used for build up hype or bring in news fans who will purchase music but currently it is harming rather than helping.

Note that a week after this was handed in the Amendment was passed into law and it is now legal to "format shift" that is if I have a CD, or cassette or LP then I can personally make an mp3 of the music on it. but only one copy for each computer or mp3 playing device I own.