Music Copyright & The Internet: A Survey
MUSIC COPYRIGHT & THE INTERNET: A SURVEY
Many thanks for agreeing to take part in this survey, your time is much
appreciated. Please type your answers into the relevant boxes in this Word
document. Where the question has a yes/no answer, please delete as applicable,
so if you wish to answer ‘yes’ delete the word ‘no’, and vice versa.
I ask for your name, company and job title because I am trying to ensure I get opinions
from a good selection of interested parties, but I assume your answers are your personal
opinion, rather than those of your employer. I plan to put named quotes in both the
dissertation and the publicly available CMU report. If you do not wish for some or all of
your comments to be linked to your name, please clearly say so next to the relevant
questions.
Please send your completed survey form to chris@unlimitedmedia.co.uk by Friday 8 Jan
2010. If you can include your name in the document name, that would be helpful. If you
have any questions do not hesitate to email me.
Name
Company
Job Title
FILE-SHARING
Do you think the makers of software that enables file-sharing
– ie P2P clients like LimeWire or BitTorrent trackers like that
offered by The Pirate Bay – should be held liable for any
copyright infringement they enable?
Yes/No
If yes, should any of the following actions on the part of the
software maker end that liability, even if the public continue
to file-share using the software in one way or another?
A message alerting users to basic copyright rules, that is displayed
every time the software is activated.
Yes/No
Filters that block (as best they can) unlicensed content*, based on
information provided by content owners (ie lists of songs that
shouldn’t be shared).
Yes/No
Filters that block (as best they can) unlicensed content, based on
information that the maker of the P2P client is obliged to collate
themselves (ie lists of songs that shouldn’t be shared).
Yes/No
Records of file transfers using the P2P network are kept, and are
made available to content owners.
Yes/No
If yes, are there any other actions the maker of the P2P software could take that
would end liability?
chris@unlimitedmedia.co.uk
Music Copyright & The Internet: A Survey
SEARCH ENGINES
Do you think the owners of search engines which provide
links to unlicensed content should be liable for copyright
infringement if…
They specifically link to ‘Bit-Torrent sources’ of content (the vast
majority of which are unlicensed)?
Yes/No
They specifically link to audio and/or video content?
Yes/No
Links to unlicensed content appear alongside links to legitimate
content, including news stories, fan pages and licensed recordings?
Yes/No
If yes, are there any actions that a search engine owner could take to end any
liability in any of the scenarios you have answered ‘yes’ to above?
INTERNET SERVICE PROVIDERS
Do you think internet service providers whose customers access
unlicensed content should be help liable for any copyright
infringement they enable?
Yes/No
If yes, should any of the following end that liability, even if users
continue to file-share over the ISP’s network in one way or
another?
The ISP’s terms and conditions include a clause saying customers
must not access or share unlicensed content.
The ISP’s customers see an alert box making them aware of copyright
rules every time they access the internet.
Letters are sent to customers who are suspected to have file-shared
explaining copyright rules – letters distributed based on information
provided to them by content owners.
Yes/No
The ISP has a rule of suspending the internet access of users who
persistently file-share, and enforce this rule.
Yes/No
If yes, are there any other actions an internet service provider could take that
would end liability?
chris@unlimitedmedia.co.uk
Music Copyright & The Internet: A Survey
COPYRIGHT INFRINGEMENT
Were you aware of the concept of ‘authorising infringement’ before receiving this
survey?
Yes/No
If yes, can you describe it in a sentence?
English copyright law (ie statue) currently says very little about the rights of
content owners to sue for damages companies who provide software that enables
unlicensed file-sharing, or the providers of search services or internet connections
that enable unlicensed file-sharing. Do you think there should be specific rules
regarding these rights?
Yes/No
If yes, do you have any opinions on what these rules should be? If so, outline
them here:
English copyright law currently says very little about the obligations of
companies who provide software or internet services that help others to infringe
with regards their duty to stop infringement. Do you think there should be
specific rules regarding these duties?
Yes/No
If yes, do you have any opinions on what these rules should be? If so, outline
them here:
Should rights owners have to agree to any of the following in return for statutory
clarification on and enforcement of the liabilities of the providers of software or
internet services that enable copyright infringement:
Compulsory licensing for all digital music services at rates
set, if necessary, by the impartial Copyright Tribunal.
Yes/No
The introduction of a private copying right, without levy (ie
removing the current law that technically speaking make its
illegal to make a private copy of a track you have
legitimately bought).
Yes/No
The introduction of a private copying right, with levy (as
above, but with the introduction of a private copy levy,
added to the costs of MP3 players and/or ISP fees, and
paid to the music industry).
Yes/No
As one problem of policing online piracy is the difficulty of identifying who owns
the copyrights in a work – and whether a work is in copyright and whether it has
been licensed for a service - is there a case for introducing a copyright registration
system in the UK that logs both copyright ownership and licensing deals?
chris@unlimitedmedia.co.uk
Music Copyright & The Internet: A Survey
If you think a statutory clarification on the rights and liabilities of software and
internet service providers regarding safeguarding copyright is a good thing, do
you think this should be done:
As well as the introduction of the ‘three-strikes’ system being discussed in parliament /
Instead of the introduction of the ‘three-strikes’ system being discussed in parliament
Add any other comments you have on any of the issues raised above in this box
* By unlicensed content, I mean any music file where at least one of the individuals,
companies or collecting societies who controls the rights in that song has NOT given
permission for their music to be accessed in this way.
chris@unlimitedmedia.co.uk