MUSIC DOWNLOADING

“It is not ethical, but I will do it anyway.” “Artists have become greedy.” “Who’s going to know?” “I can’t afford to pay a dollar a song.”
     These are some teenagers’ justifications for illegally downloading music, though there are many more. In the information age, it’s easy to get all the music you want, right when you want it.
     Having Kanye West’s new song three months before it’s released is exciting, to be sure. But being a thief isn’t.
     Downloading or distributing copyrighted material — even solely for personal use or entertainment purposes — without the explicit permission of the copyright owner is against the law. Since 2003, the Recording Industry Association of America has sued at least 30,000 people for copyright infringement after they used file-sharing software to download or share music files. Though RIAA recently suspended filing more lawsuits, it said it would work with Internet service providers to suspend service to frequent abusers.
   

  Y-Press recently surveyed students in a Theory of Knowledge class at Lawrence Central High School about their views on downloading and sharing music. About 40 students agreed to answer a questionnaire developed by Y-Press that posed a series of scenarios designed to bring to light some of the stickier elements of downloading and obtaining music. Because of the uncertain legality of some actions, students are identified only by first name.
    

Most of the teenagers said they freely download music off the Internet and don’t consider themselves criminals, even though some have loads of illegally downloaded songs on their iPods. However, about one-third of the students said that they never download music unless an artist gives permission.
     “It is never acceptable to download music for free because it is the same thing as stealing from artists and record companies. The fact that it is not stealing a physical object but information does not make it any less wrong,” wrote Chris 1.
     Aerial agreed. “It is never acceptable to download music for free because that particular artist deserves to get the money that they work for.”
     However, a majority of students felt that downloading music illegally is usually acceptable, regardless of the wishes of the artist or record company. “I think it is fine to download whenever you want,” says Allie. “The artist made the music so now it’s out there for God and the world.”
     Some, like Katie, simply didn’t care about legal or moral concerns. “ If you want to be morally correct, you should never download music. I, and most people, do it anyways. It’s free, convenient and easy,” she wrote.
     A few likened illegal music downloading to other infractions that are on the books but rarely enforced. “Most people feel it’s acceptable anytime because our society supports it even though the law doesn’t,” explained Laura 1.
    

A few also made the distinction between sharing and downloading, with the former being acceptable because the music has been paid for at least once. “If you bought their CD, sure it’s fine to share that with friends,” wrote Stephanie.
     And several said their own financial difficulties were reason enough to ignore copyright laws. “It is OK every once in awhile if you really need/want the song and don’t have a lot of money. However, constant free downloading is unacceptable,” said Rebekah.
     The most common justification for illegal downloading is the lucrative profits of artists and record companies. As Paige wrote, “Celebrities who create these songs are handed way too much money.”
     “The organizations from which we are stealing aren’t even hurt, or at least we don’t see how they are hurt because the monetary value for the songs we steal is insignificant in the overall profit of the company,” observed Sean.
    

The monetary impact of illegal downloading is a source of debate. Two studies — one published by Harvard University and the University of North Carolina in 2004 and the other appearing in the Journal of Political Economy in 2007 — reported that downloading poses insignificant harm to CD sales. The Harvard study observed that it would take 5,000 downloads to displace sales of just one CD.
     However, the RIAA claims just the opposite. And Enders Analysis, a media research company, reported on Forbes.com that overall music sales in 2009 are expected to be half of what they were in 1997, which is considered the peak year of CD sales. Enders blamed the decrease on the continuing effects of digital technology, which allows consumers not only to store large quantities of music on computers but also to cherry-pick tracks rather than buying albums.
    

Not only were most students unconcerned about downloading’s effect on music sales, many didn’t believe money should be a driving force for musicians in the first place.
     “Art is not a business for money,” wrote Bonnie.
     “We don’t owe artists anything,” agreed Sean. “We are already their walking, talking advertisements. We pay money to watch them play. We even pay money to be advertisements for them! Their music-making grants them celebrity — that is all they need. Especially since most artists claim that it’s ‘all about the music,’ we only owe them our ears.”
     Nearly half of the students (18) agreed with Bonnie and Sean that musicians either are overcompensated for their work or shouldn’t expect riches for such a pleasurable profession. However, almost that number (15) stated that artists always should be paid for their music.
     Megan’s response was typical of this group: “An artist’s work is whatever they create, and if we don’t pay for what they provide, then we aren’t giving them the means they use to live.”
      While many students freely download music without regard to copyright laws, a sizable percentage do not. Most acknowledge the moral complications of such actions but find that heeding their consciences is not worth the hassle or expenditure of obtaining music legally.
      As long as the outcry doesn’t extend beyond the record companies, such behavior is likely to continue.

 

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The YP questionnaire posed seven scenarios and three general questions about downloading behavior and responsibilities. The Lawrence Central students answered at least one scenario and the three questions. The scenarios that generated the greatest range in answers are below.

Your sister downloads Limewire, a file-sharing program, onto the family computer. This program makes it easy for you to download any music you want for free. You are amazed by the simplicity and convenience of this software. Is it ethical for you to download all these songs for free? Will you do it anyway? Why? Is your sister responsible for the songs you download? Do you share responsibility?

Lola: “It isn’t ethical but I would do it anyway because it’s more convenient than going to the store or punching credit card numbers online. The only time my sister would be responsible is if I get caught and needed to blame it on her to save myself.”

Amy: “I feel I owe it to the artists to pay them. It’s like a tip. I don’t need to, but it’s the courtesy of it that makes me want to pay them.”

Megan: “It is not ethical to download music off of Limewire. It  doesn’t seem appropriate for artists to not receive any compensation for their work. However, if I had the opportunity and there was no chance I would get caught, I would take it.”

Karli: “It is not ethical, but I would do it anyway because it is convenient and free.”

Karolyn: “What do I really care if this multi-million-dollar artist loses 99¢ on my download? Heck, that’s only a cheeseburger off the dollar menu.”

Taylor: “No, no, no, no. I know people who use Limewire, and I suggest they don’t use it. Not only have I heard that it can give your computer a virus, it’s illegal.”

As you and your friends leave a concert, you come across the talented but unsuccessful opening act selling his CDs. You are the only one with any money and buy a copy. As you walk to your car, your friends ask you to burn copies of the CD for them. What should you do? Should you burn them the CD? Should you suggest that they buy their own copies?

Kyle: “Being in one of these up-and-coming acts myself, I would promote the underground spread of my music. What’s important, above all else, is getting your music heard. I have replaced a bootleg item with the real deal on many occasions. I feel that if someone’s music inspires me that much, I’m more than happy to return the favor.”

Thomas 2:  “I would burn the CD for my friends for two reasons. One, the age of CDs is over. Artists needs to focus on concert revenue rather than the sales of their new singles. Artists rely too much on CD charts, while they make millions. Money-grubbing artists have become greedy, while small bands suffer.”

Hannah: “I was at Warped Tour and the same thing happened except we asked if we could burn it right in front of his face. He said that if it got his name out, it was OK. Whether the artist gives permission or not, people are still going to do it. Burning music has become a guilt-free task.”

Julia: “You should suggest that they buy their own copies because if the artist is unsuccessful and you like his music, you should help his career.”

Your friend has a copy of the new CD by a popular and successful artist. He can’t stop talking about how good it is and how badly you need to hear it. As a longtime fan of this artist, you are extremely interested in these new songs. Your friend offers to burn it for you. What do you say? Do you accept this burned CD or not?

Laura 1: “I would accept the burned CD because legally, your friend burned the CD. You can justify that by using your friend as the ‘scapegoat.’ It’s still wrong, but you don’t feel like it is.”

Laura 2: “Yes, as long as my friend is not making a profit. … Sharing music in this way is comparable to women sharing cooking recipes. That’s not illegal, but it is still sharing copyrighted information. The cooks aren’t complaining.”

Demi: “If it is my favorite band, then no. I pay great respect to my favorite bands. If I listen to them frequently, I always pay for their music. If it’s just a regular artist I like, then yes.”

Allie: “Yes. The CD has been paid for. It should be up to the owner to do what he/she pleases. Plus, if I were an artist, I would just want my fans to have my music.”

Rebekah:  “I would, but I would also offer him a CD in return. This way, we would be exchanging equal amounts of music. Neither of us would profit.”

Mimi: “Yes. If you really like it you will tell others, which will help the artist gain publicity and make more money.”

You are extremely impressed by your friend’s iTunes library. He has hundreds of songs by artists you love and hundreds more by artists you’ve been meaning to listen to. One day after school, as you two talk about music, he tells you that if you give him your iPod, he will give you all of his songs. Should you give him your iPod?

Sean: “Give him your iPod. Sure, it’s wrong, but who’s going to know? And more importantly, who’s going to care? We are told that ‘stealing’ MP3 files hurts the company, but we have never seen the effects and probably never will. A dollar means a lot more to us than it does to them. No harm, no foul.”

Kyle: “Music is sentimental. In my iTunes library of more than 7,000 songs, I have a lifetime’s worth of memories saved. But I take two approaches to the issue of entering another person’s personal music library. On one hand, I feel like the unfair and unethical acquisition of someone else’s tunes is robbery. I’ve spent 17 years expanding my library and for someone else to take it so cheaply makes it worth less. On the other hand, I love music; music is music. It is for everyone to enjoy and it should not be withheld from anybody. It’s just more meaningful when you discover it yourself.”

Chris 2: “This is perfectly fine. By enabling the iTunes user to transfer songs to multiple devices, iTunes is letting this process take place. Any artist that uses iTunes as a venue of self-promotion is aware of those possibilities.”

Sydney: “Yes. I think it is OK to give him my iPod because he has already paid for the music and the artist has received the money. Since I do not plan to mass-produce the music, I think it’s OK.”

Jessica: “The thing is, there are tons of songs he has that you like and it’s free. I don’t really know the rules, but from what I’ve heard it’s only illegal to share music, not to receive it. I’ve also heard that it’s illegal to sell, not to give or loan.”

 

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