Legal Outlook For Blogs--Revisited

This article was written by Urs Gasser, a research fellow at the Berkman Center for Internet & Society at Harvard Law school.  In this article, Gasser examines the legal outlook for MP3 blogs and whether or not they are prime for litigation.  To determine this, Gasser examines the economic significance detailing blogs' relatively small size, means of musical promotion, their 'niche' clientele, and the short-term availability of the linked files as viable legal defenses for MP3 Bloggers.  Gasser also makes a Fair Use argument for both Blog uploaders and downloaders--citing that the non-comercial status of these blogs and their promotional effect don't have a negative impact on said markets.  Gasser also acknowledges the role that record labels play in the survival of blogs--by intentionally leaking teasers and unreleased tracks.  
 
This article sets up several premises of my paper.  It establishes MP3 blogs as the new gate-keepers of the music industry, citing these blogs as the effective modes of instantaneous promotion.  An important point is Gasser's mentioning that the record industry voluntarily leaks tracks to these blogs--snubbing the copyright law they have sued for in the past.  This point reaffirms my claim that record-labels themselves have taken part in legitimizing MP3 blogs as a means of new media.

 

In this article, Betsy Schiffman of Wired Magazine, sets out to find out why MP3 Blogs have yet to be targeted by the RIAA, subsequently she declares that these blogs could be a "win-win" situation for all parties involved--including Google.  An owner of a blog aggregator divulges that record companies contact them about promoting bands."  The owner goes on to say that he performs this service free of charge; Schiffman declares that MP3 blogs are not a moneymaking operation.  Many blogs run ads, but these only add up to 75 cents for each hour put into it.  These ads come from Google's AdSense program.  Google reportedly makes 1/3 ($1.45 billion) from AdSense in 2007 alone.

This article discredits the Guardian article's assertion that blog aggregators hurts  the music industry.  If labels are voluntarily seeking out these hubs in order to further their band's notoriety, than they can't be "killing music" because if these labels could avoid a middleman they probably would.  Also why is the RIAA so laissez faire about MP3 blogs? Could it have something to with the fact that both sides are making money, emphasis on the record labels?  They are getting free promo, while bloggers toil simply out of love.  Also could the influence of Google, who has just as many lobbyists as the RIAA, carry a certain amount of clout in the RIAA's unwillingness to act?

In this article Miles Raymer of the Chicago Reader makes a claim that MP3 Blogs could be viable record labels.  He establishes MP3 blogs as  "curatorial" in function, performing the acts of a talent scout, and then offering the band an endorsement in the form of a good review.  He makes a note of the reader's loyalty to and trust in the blogs he or she visits.  Because blogs project a personality, it presents the illusion of a one-on-one friendship as opposed to the face-less record label.  The blog takes on the role of friend instead of a stoic music pusher.  It would only make sense, as he says, for these blogs to start signing and developing acts considering the strong brand loyalty and audience blogs would already have.

This article is a major point in my argument that blogs have transformed the music industry.  Raymer points out that Blogs are poised to replace traditional labels, since Old Media has lost out due to the tight reigns of radio and the narrow thinking of many major labels.  Blogs allow a direct appeal to the consumer under the guise of a helpful friend.  It is only a natural transition for them to become the industry norm, superseding the traditional label.  In a sense, these MP3 blogs would be acting like the all-encompasing labels of yesteryear such as Motown--finding the act, being the means of the publicity, and serving as A&R executives.

In a 2006 Rolling Stone article, it was stated that "geeks" can now make or break bands because of their tenuous hold on the "blogosphere." While these blogs often offer MP3s for readily available download (illegal), the presence of MP3 blogs "promotes progress," with their ability to critique, comment, and endorse up-and-coming artists. Moreover, the presence of blogs has made the Major labels middlemen instead of the culture dictators they once were.