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Although the Recording Industry Association of America started going after individual litigants in 2004, no case has yet to go to trial in front of a judge or jury. This is about to change.
Since 2004, tens of thousands of claims have been filed by the RIAA. By now, everyone understands the strategy. The RIAA’s investigators determine that a certain IP address has been used to download and/or upload musical compositions via Kaaza or a similar P2P network. A Federal lawsuit is then filed under a “John Doe” in order to subpoena the records of the Internet service provider, which is easily determined by the IP address. Since the ISP has immunity from suit, it usually complies willinginly. Of course, in some case, the ISP is a college or university and, in some case, the privacy rights of the students have trumped the rights of RIAA and the subpoenas have been quashed, but that’s a different story and I’m getting off subject.
Once the user’s name is subpoenaed from the ISP, the RIAA begins the process of intimidation. Letters are forwarded to the various parties stating that a settlement can be reached. The first offer to the offending party is usually somewhere in the neighborhood of $3000 to $5000 dollars, depending upon the perceived severity of the infringement. This number is, coincidentally, about what a typical retainer would cost for a good lawyer. Although I’m not exactly sure of the exact percentage, the greatest percentage of these claims get settled with the individuals and their families.
Now, to say this methodology is controversial is an understatement. The RIAA is relentless in its pursuit of these infringers. Rather than teaching a valuable lesson, the recording industry’s methods have aliented and offended the great majority of Americans. While I agree that songwriters, artists and distributors of musical product are entitled to their rightful compensation for the use of their copyrights, I do not agree with the aggregious methods of the RIAA.
Now, If all goes well, next Thesday, October 2, 2007, the case of Virgin Records, et al. v. Jammie Thomas, Case No. 06–cv-1497, will go to trial in the U.S. District Court for the District of Minnesota. For the first time, I have a strong suspicions that the methodologies of the RIAA, not so much the infringement of the defendant, will be what stand trial.
Ms. Thomas, like so many other victims of the RIAA dragnet, steadfastly maintains that she has never used Kaaza or any other P2P network. Of course, those of us who know a smidgen or two about computers know that there can be, quite literally, hundreds of devices behind a single IP address. The RIAA’s lawyers will have a very difficult time, in my opinion, connecting the dots from the IP address “maintained” by Ms. Thomas, and the actual infringing computer.
One other issue that will arise in this case in particular, and likely in future cases as well, is the issue of ownership of the copyrights. Since literally thousands of songs are involved, it will be a monumental task to trace the chain of ownership to the plaintiffs in order to show standing. I don’t envy the Plaintiffs’ lawyers. If the plaitniffs cannot prove ownership, it might be posssible for Thomas to be awarded attorneys fees.
It is not, again in my humble opinion, in the best interest of the RIAA for this case to go to trial. If they go to trial and lose on some of these issues, the precedential effect would be tremendously devasting for their cause. I would be surprised to see the case in the courtroom next week, but I’ll certiainly keep you posted.
For further reading:
Ars technica; Recording Industry vs The People; Slashdot
Florida businessmen, David Lowman, Bobby Land, and William Whitacre have announced the establishment of Radiance Records, a new independent country record label.
Lowman’s music industry experience includes fifteen years as a recording and performing artist. Land grew up in Tennessee, graduated from Belmont University, and was signed as an artist with Hickory Records in Nashville before going on to become a producer. William Whitacre is an entertainment attorney based at Universal Studios in Orlando. His client list includes film, television, and record producers, artists, and Internet/multimedia clients. Whitacre launched Cheetah Records and has produced films starring Ernest Borgnine, Mickey Rooney, and Danny Glover.
Mr. Lowman is serving as Radiance’s president, alongside music business veteran Billy Holland, who will be the general manager. Land will act as vice president of the label.
Holland’s background includes development and management of sales territories for Fortune 500 and Global 1,000 companies including Simplex/Tyco and Minolta Corp. Most recently, Holland was Executive Vice President of Cupit Records.
“I am thrilled and excited to be part of Radiance Records. I look forward to many great things to come,” Holland said.
The first act signed to the new label is BlackHawk, a country music band from the 80’s known for such hits as “Goodbye Says It All” and “Postmarked Birmingham.” The group includes original members Henry Paul and Dave Robbins. They have just completed work on their new album with Nashville-based producer Dale Oliver which is set for release in 2008.
Lowman and Land formed Radiance Records to take advantage of current opportunities for independent labels. Lowman noted ,”We feel the time is right for another aggressive independent label to make its mark in the country music format. We’re really excited to be involved with Country music, and especially thrilled to be starting off with a proven hit-maker act like BlackHawk.”
The label’s offices are located at 38 Music Square East, Nashville, TN 37203. The telephone number is 615-255-8404. For more information about Radiance Nashville, please visit www.RadianceNashville.com.
