60,000 musicians take Napster to court
The action seeks relief including monetary damages for an estimated 60,000 independent artists, whose copyrighted materials have been traded without their consent over Napster.Counsel argue that "peer-to-peer" file-trading over the internet, made possible by Napster software, violates rights of independent artists under the Copyright Act and the Digital Millenium Copyright Act. Files are traded without the consent of the artists. Napster software incorporates no means of paying artists for their material which is downloaded. Unlike other websites where artists may choose to release their works on the internet, files traded on Napster may carry no attribution, no links to sites where material may be purchased, and no copyright information. Proposed class representative, Matthew Montfort, is a founding member of Ancient Future, a world fusion band that records with masters of world music. "Napster significantly damages the careers and economic viability of independent musicians, for whom every CD sale is crucial to survival," said Mr. Montfort. "Napster encourages a culture where fame is valued but the music itself is presumed to be worthless. Celebrities like Madonna may lose some income from online trading of their files, but there is still a large market for their next CD. However, uncertain market conditions brought about by file sharing make record labels less willing to sign new artists and artists working in non-mainstream genres. This hinders independent musicians from launching new work in the commercial marketplace." Founder of the Internet Lawyers' Group, Hannah Bentley, is herself a recording artist, whose files were traded without her consent elsewhere on the internet. Ms. Bentley said "It is wrong that the benefits of the internet should accrue only to those who control the servers, while those who create the content go uncompensated." If the Court grants the motion for class certification, the next step will be to seek preliminary injunctions and declaratory relief for the class.For further information, see: http://www.peacework.com/copyright/ |
