Fair Share?

By RYAN GALLAGHER

Illegal reproduction of copyrighted musical material has become increasingly prevalent in our society ever since the creation of Napster and other prominent file-sharing programs. Although it was previously possible to illegally copy audio recordings, such duplicates were in small quantities. Now, with our more technologically advanced society, a consumer can upload a file of a recording onto a file-sharing program, and vast numbers of others can then download it free of charge.

Ryan Gallagher

A March 2005 survey conducted by www.pewinternet.org cites 27 percent of Internet users who say they have downloaded music or video files; nearly half of those people have at some point obtained them illegally. File-sharers wonder what harm illegal copying causes, and they often argue that musicians do not make any money from their record sales anyway. This may be true in specific circumstances, but even if the actual recording artist does not earn the money that a consumer spends on a copyrightable product, the profits go to producers, engineers, and others involved in the recording. The other main argument advanced by file-sharing sympathizers is that extremely wealthy musicians do not need the small percentage of royalties that they may get from each recording sold. But Microsoft founder Bill Gates has created a celebrated computer product, and no one would seriously argue that, since Gates is one of the wealthiest men in the world, he should have to give away his products for free. Why should there be different rules for music?

Since music is abstract and not a physical product, many people have the idea that it should be shared, and thus owned, by all. But the creator of any product, even when it is the result of the intellect (as it is in the arts), should be entitled to its commercial value. This principle is behind the concept of intellectual property rights. The value of the product should be established by its creator, as the product would not exist if it were not for the creator's ingenuity. It is obviously the consumer's right not to buy the product if he or she disagrees with its price, but ignoring the creator's ownership by downloading music with a blind eye to its protection by copyright is no different from walking into a store and stealing a CD. Artistic creations and ideas are property, just as much as physical products are, so violators of intellectual property rights should be held responsible for their actions. But I am more concerned that people understand why copyright infringement is immoral than I am with punishing offenders. Since it is too hard to detect copyright violation, we must rely on inner sanctions.

No one argues that Bill Gates should give his products away for free; why should there be different rules for music?

Perhaps people are becoming increasingly aware of the moral dilemma of participating in illegal file-sharing. The International Federation of the Phonographic Industry concluded a short time ago that legal music downloads tripled in the first half of 2005, while illegal music downloads remained stable. But this could also be the result of the government's increasing aggressiveness in pressing charges against illegal file-sharing. In any case, it is still difficult for the government to enforce anti-piracy laws.

I refuse to participate in illegal downloading, even if it would mean that I could have all of the free music I would ever want. As a poor college student, I am still happy to pay $15 or more for a CD because I value hearing music on a recording, so I will give monetary value in return for it. I also maintain that there is something wonderful about the experience of going to a record store and perusing its collection. I like the feeling of physically searching through CDs, finding some I think are worthy of buying—and finally, the satisfaction of knowing that the money I use to pay for a CD is supporting the music I love and the ability of future generations to partake in the same experience of buying recordings.

Ryan Gallagher is a third-year composition student.