Media Industry Structure: Oligopoly The “few” selling to the many: Dominant firm oligopoly: One firm holds 50-90% of the market Tight oligopoly: Four firms hold more than 60% of the market Effective competition: More than four firms (but less than “many”) hold 60% of the market

Universal/NBC (United States) 2003 Universal/NBC (United States)

Major Recording Companies Sony Music Entertainment 1920 RCA Columbia Decca Major Recording Companies 2006 Universal Music Group Sony Music Entertainment EMI Group Warner Brothers Music BMG Entertainment 2003 Universal/NBC (United States)

The production cycle of popular music Contracted Artists Talent Scouts Production Artistic Community Recording Industry Managerial Indies Society/Culture Retail INNOVATION

Copyright The composition The performance The recording Some Issues The notes/lyrics v. sound: the folk tradition of West Africa Sampling: Is the sum of (different) parts equal to a whole

Performance Rights (Music Licensing) A brochure from the American Society of Composers, Authors and Publishers (ASCAP) states, "Any user who performs copyrighted musical works in public, and whose performances are not specifically exempt under the law, needs a license from ASCAP or from the members whose works the user wishes to perform." Music licensing organizations represent songwriters, composers, and music publishers so that they receive royalties for the public performance of copyrighted music in broadcast media and public places. The organizations do not print, publish, or sell music, but the databases they maintain can help verify pieces of music and identify the copyright owner. If the music is not in print separately or in a collection, the copyright owner may be the only source.

ASCAP's ACE on the Web http://www. ascap. com/ace/ACE ASCAP's ACE on the Web http://www.ascap.com/ace/ACE.html ACE is a database of song titles licensed by ASCAP in the United States, searchable by title, writer, performer, or publisher. BMI (Broadcast Music, Inc.) http://www.bmi.com/ BMI calls its Internet song title database "Hyperrepertoire." Searchable by song title or song writer, with writer and publisher information on songs licensed by BMI. SESAC http://www.sesac.com/ SESAC is another music licensing organization like ASCAP and BMI. Their online index is called SESAC Repertory Online, http://www.sesac.com/repertory.htm.

Questions About The Digital Millennium Copyright Act The surrender of balance to control (copyright owner has all control). The surrender of public interest to private interest (the matter of the public good from creativity). The surrender of republican deliberation within the nation-state to unelected multilateral nongovernmental bodies. (World Intellectual Property Organization and the World Trade Association). The surrender of culture to technology (the “electronic lock” unfettered by public deliberation). From Vaidhyanathan (pp.159-160)