Below is a recap of music-related research or academic paper recently mentioned at Billboard.biz plus a few new ones. As Billboard wrote previously, "File-sharing and Copyright," an academic paper that argues file-sharing has not impaired artists' impulse to create and release music, has some fundamental errors but is worth reading. And in light of the $1.92 million penalty levied in the Capital vs. Thomas-Rasset file-sharing case, "Statutory Damages in Copyright Law" is well timed.
-- Pamela Samuelson and Tara Wheatland, "Statutory Damages in Copyright Law: A Remedy in Need of Reform" (June 5, 2009). Berkeley Center for Law and Technology. Law and Technology Scholarship
Blurb: "Courts have largely failed to develop a jurisprudence to guide decision-making about compensatory statutory damage awards in ordinary infringement cases or about strong deterrent or punitive damage awards in willful infringement cases. As a result, awards of statutory damages are frequently arbitrary, inconsistent, unprincipled, and sometimes grossly excessive."
-- Nielsen Global Online Consumer Survey
Blurb: "The Nielsen survey, the largest of its kind, shows that nine in every ten Internet consumers worldwide (90 percent) trust recommendations from people they know, while seven in every ten (70 percent) trust consumer opinions posted online. However, in this new age of consumer control, advertisers will be encouraged by the fact that brand websites - the most trusted form of advertiser-led advertising - are trusted by as many people (70 percent) as consumer opinions posted online."
-- Pamela Samuelson, "Unbundling Fair Uses" (January 6, 2009). Berkeley Center for Law and Technology. Law and Technology Scholarship
Blurb: "The wide array of fair use cases has led many commentators to complain that fair use is unpredictable. This Article argues that fair use law is both more coherent and more predictable than many commentators have perceived once one recognizes that fair use cases tend to fall into common patterns, or what this Article will call policy-relevant clusters. ... If one analyzes putative fair uses in light of cases previously decided in the same policy cluster, it is generally possible to predict whether a use is likely to be fair or unfair."
-- Felix Oberholzer-Gee and Koleman Strumpf, "File-sharing and Copyright" (Working Paper). Harvard Business School
Blurb: "While file sharing disrupted some traditional business models in the creative industries, foremost in music, in our reading of the evidence there is little to suggest that the new technology has discouraged artistic production. Weaker copyright protection, it seems, has benefited society."