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"RIAA" redirects here. You may also be looking for RIAA Equalization . The Recording Industry Association of America (or '''RIAA''') is a Trade Group that represents the Recording Industry in the United States . Its members consist of a large number of private corporate entities such as record labels and distributors, who create and distribute about 90% of recorded music sold in the US. It is involved in a series of controversial Copyright Infringement legal actions on behalf of its members. In some of those cases it has been called by the defendants "a cartel acting collusively in violation of the antitrust laws and of public policy, by tying their copyrights to each other, collusively litigating and settling all cases together, and by entering into an unlawful agreement among themselves to prosecute and to dispose of all cases in accordance with a uniform agreement, and through common lawyers, thus overreaching the bounds and scope of whatever copyrights they might have". See, e.g. ''UMG v. Lindor''" RIAA Moves to Strike "Copyright Misuse" Affirmative Defense in UMG v. Lindor ", Recording Industry vs. The People, August 29, 2007; " Record Company Collusion a Defense to RIAA Case? ", Slashdot, August 30, 2007 , where the RIAA has moved to "strike" those accusations. The motion to strike the charges is pending, and is scheduled to be taken under consideration by the Court on October 2, 2007. The RIAA was formed in 1952 primarily to administer the RIAA Equalization curve, a technical standard of Frequency response applied to Vinyl Record s during manufacturing and playback. The RIAA has continued to participate in creating and administering technical standards for later systems of Music Record ing and reproduction, including Magnetic Tape , Cassette tapes, Digital Audio Tape s, CD s and software-based digital technologies. The RIAA also participates in the collection, administration and distribution of music Licenses and Royalties . The association is responsible for Certifying Gold And Platinum Albums And Singles in the USA. For more information about sales data see List Of Best Selling Albums and List Of Best Selling Singles . The RIAA's stated goals RIAA web-site are: # to protect Intellectual Property Rights worldwide and the First Amendment rights of artists # to perform research about the music industry # to monitor and review relevant laws, regulations and policies. COMPANY STRUCTURE The RIAA is led by Mitch Bainwol , who has been Chairman and CEO since 2003 . He is assisted by Cary Sherman , the President of the Board of Directors. There are 27 members of the board, who are drawn from a number of record companies. Board of the RIAA (RIAA website) The RIAA represents a large number of members (see List Of RIAA Member Labels ), who are private corporate entities such as record labels and distributors, and who create and distribute about 90% of recorded music sold in the US. The RIAA's website contains a list of members , which has been disputed in the past, as s. SALES CERTIFICATION See Also: RIAA certification The RIAA also operates a similar scheme for Spanish Language music sales, called ''Los Premios Awards''. EFFORTS AGAINST FILE SHARING See Also: RIAA efforts against file sharing The RIAA is a fierce opponent of Copyright Infringement through File-sharing , particularly targeting music files made available via the Internet using Peer-to-peer software. The RIAA claims that such copyright infringement results in a reduction of profits of $4.2 billion per year for the music industry worldwide, which harms honest consumers, record labels, retailers and artists.2 As Of July 2006 , the RIAA has sued more than 20,0003 people in the United States suspected of distributing copyrighted works, and have settled approximately 2,500 of the cases. The RIAA's policy and method of suing individuals for copyright infringement is continually criticized. Brad Templeton of the Electronic Frontier Foundation has called the RIAA's lawsuits " Spamigation "4 and implied they are done merely to Intimidate people. The Electronic Frontier Foundation , American Civil Liberties Union and Public Citizen oppose the ability of the RIAA and other companies to "strip Internet users of anonymity without allowing them to challenge the order in court".56 The RIAA names defendants based on ISP identification of the subscriber associated with an , the Ars Technica , ''24 April 2006'' Sometimes the RIAA continues to sue even in these cases, or seeks to discontinue without Prejudice (and thereby avoid compensating the defense for legal fees).[http://recordingindustryvspeople.blogspot.com/2007/03/judge-denies-riaa-motion-to-dismiss_21.html Elektra v. Santangelo"] Warner v. Stubbs Elektra v. Dennis The RIAA also brings lawsuits against children, some as young as 12.'' RIAA settles with 12-year-old girl '', CNet News, ''9 September 2003'' After an Internet subscriber's identity is discovered, but before an individual lawsuit is filed, the subscriber is typically offered an opportunity to settle. The standard settlement is a payment of several thousand dollars to the RIAA, and an agreement not to engage in file sharing of RIAA music. Between September 2003 and April 2004, the RIAA, through its Clean Slate Program, offered Deep Links, ''April 17, 2004'' A lawsuit brought in California state court, ''Parke v. RIAA'', alleged the RIAA had committed fraudulent business practices by offering the program.'' ''Parke v. RIAA'', Complaint '', ''September 9, 2003''Ira Rothken, '' Consumers Strike Back, Sue RIAA '', PCWorld.com, ''September 11, 2003'' In any event, the program was discontinued. In February, 2007, the RIAA launched an 'early settlement program' directed to ISP's and to colleges and universities, urging them to pass along letters to subscribers and students offering early "settlements", prior to the disclosure of their identities, which, if accepted, would save the RIAA the expense of litigation to procure the identities. The settlement letters urged ISP's to preserve evidence for the benefit of the RIAA and invited the students and subscribers to visit an RIAA website for the purpose of entering into a "discount settlement" payable by credit card." RIAA Adopts New Policy, offers Pre-Doe settlement option if ISP Holds Logs Longer, Asks ISP's to Correct Identification Mistakes " Recording Industry vs. The People, February 13, 2007.. By March 2007, the focus had shifted from ISP's to colleges and universities. "[http://www.variety.com/article/VR1117960319.html?categoryid=18&cs=1 RIAA targets university students]" (Variety.com)10 "Recording industry battles piracy" by Elizabeth Lauten, '' The East Carolinian '' ( East Carolina University ), April 4 2007 File sharing lawsuits On the RIAA also sued Aimster , which provided a similar service. Napster became Bankrupt during the case; and has since been taken over by Roxio and provides a download service which is sanctioned by the RIAA. Between .
In 2006, the Electronic Frontier Foundation , the American Civil Liberties Union , Public Citizen , the ACLU of Oklahoma Foundation, and the American Association Of Law Libraries submitted an Amicus Curiae brief in support of the motion for attorneys fees that has been made by Deborah Foster in ''Capitol Records v. Debbie Foster'', in federal court in Oklahoma, requesting that attorney's fees be awarded to the defendant and alleging a pattern of inadequate investigation and abusive legal practices by the RIAA. EFF, ACLU, American Association of Law Libraries, Public Citizen, ACLU of Oklahoma, Come to Aid of Deborah Foster, File Amicus Brief in Support The RIAA asked the Court not to accept the ''amicus curiae'' brief, claiming that the "Movants attempt to paint a false picture of Plaintiffs and the recording industry run amok" RIAA-lawyer claims the brief accuses the recording industry to run amok . On February 6, 2007, the attorney's fee motion was granted. "Judge Grants Debbie Foster's Attorneys Fees Motion in Capitol v. Foster"; Recording Industry vs. The People "For the Cynics, an Antidote: The Order in Capitol v. Foster"; Groklaw "Victory for RIAA Victim"; p2pnet.net "Victim of RIAA "driftnet" awarded attorneys' fees"; Ars Technica On July 16, 2007, the Court ordered the RIAA to pay Ms. Foster $68,685.23 in attorneys fees." Judge Awards $68,685.23 in Attorneys Fees Against RIAA in Capitol v. Foster " Recording Industry vs. The People, July 16, 2007 On December 21 2006 , the RIAA filed a lawsuit for Russian owned and operated website AllOfMP3.com in the amount of $1.65 Trillion . This number was derived from multiplying 11 million songs with Statutory Damages of $150,000 per song. The RIAA could not obtain jurisdiction over this Russian website. A critical case, which may determine the fate of the RIAA's litigation campaign, is ''Elektra v. Barker''. Elektra v. Barker In that case, Tenise Barker, a 29-year-old nursing student in the Bronx, moved to dismiss the RIAA's complaint for lack of specificity, and on the ground that merely "making available" does not constitute a copyright infringement. "Is 'Making Available' Copyright Infringement?" Hollywood Reporter ESQ In opposing Ms. Barker's motion, the RIAA argued that "making available" is indeed a copyright infringement. Upon learning of the RIAA's argument, which sought to expand copyright law, the Computer & Communications Industry Association, the U.S. Internet Industry Association, and the Electronic Frontier Foundation (EFF) submitted ''amicus curiae'' briefs supporting Ms. Barker's motion and rebutting the RIAA's argument. The Motion Picture Association of America, in turn, submitted a brief supporting the RIAA. The U.S. Department of Justice submitted a "Statement of Interest" refuting one argument made by the EFF, but taking no position on the "making available" issue; the DOJ stated that it has never prosecuted anyone for "making available". Statement of Interest of US Government in Elektra Barker , page 5, footnote 3. The case was argued before Judge Kenneth M. Karas in Manhattan federal court on January 26, 2007, who indicated that he will decide the "making available" issue. As of September 2, 2007, the parties are awaiting the Court's decision. Meanwhile, the same issue has been briefed in a more recent case, Warner v. Cassin Warner v. Cassin , also in the Southern District of New York, but in the Westchester Division. In November, 2006, a Judge in a Brooklyn Federal court upheld the legal theory behind a defense claiming that the RIAA's damages theory -- which calls for aggregating Statutory Damages of $750 per song in its lawsuits -- is unconstitutional, since the record companies' actual damages are less than $.70 per song. UMG v. Lindor, November 9, 2006, Decision (pdf) Federal judge orders RIAA to justify damages sought link 1 Federal judge orders RIAA to justify damages sought link 1 In press reports, the RIAA assumes that every unauthorized copy of a song represents a lost sale. 111213 The logic behind this is highly criticized considering there is no guarantee an individual downloading the song would have purchased it were it not readily available via copyright infringing means. In fact a large number of studies conducted since the RIAA began its campaign against peer to peer file sharing have concluded that losses incurred per download range from negligible to very small. http://www.unc.edu/~cigar/papers/FileSharing_March2004.pdf http://www.nytimes.com/2004/11/21/business/yourmoney/21view.html?ex=1258693200&en=a210357f5dcc8523&ei=5088&partner=rssnyt http://query.nytimes.com/gst/fullpage.html?sec=technology&res=9C02E2D91139F936A35757C0A9629C8B63 In Texas, July 2007, Rhonda Crain (''Sony v. Crain''" SONY v. Crain ") sought leave to add a counterclaim against the RIAA http://www.ilrweb.com/viewILRPDF.asp?filename=sony_crain_070703MotAmendAnsCounterclaims) for knowingly engaging in "one or more overt acts of unlawful private investigation" in the RIAA case against Crainhttp://arstechnica.com/news.ars/post/20070704-riaa-sued-for-using-illegal-investigatory-practices.html. HIGH PROFILE LAWSUITS In October 1998 , the Recording Industry Association of America filed a lawsuit in the Ninth U.S. Court of Appeals in San Francisco claiming the Diamond Multimedia Rio PMP300 player violated the 1992 Audio Home Recording Act . The Rio PMP300 was significant because it was the second portable consumer MP3 digital audio player released on the market. The three judge panel ruled in favor of Diamond, paving the way for the development of the MP3 portable player market.'' Court OKs Diamond Rio MP3 Player '', by Elizabeth Clampet, InternetNews.Com, 16 June 1999 RIAA has also filed suit in 2006 to enjoin digital satellite radio XM from enabling its subscribers from playing songs it has recorded from its satellite broadcasts.'' XM Faces The Music In RIAA Copyright Suit '', by Joseph Palenchar, TWICE, ''22 May 2006'' It is also suing several Internet radio stations.'' RIAA sues Internet radio stations '', Out-Law.com, ''July 2001'' THE "WORK MADE FOR HIRE" CONTROVERSY In 1999, Stanley M. Glazier, a Congressional staff attorney, inserted, without public notice or comment, substantive language into the final markup of a "technical corrections" section of copyright legislation, classifying many music recordings as " Works Made For Hire ," thereby stripping artists of their copyright interests and transferring those interests to their record labels. 14 Shortly afterwards, Glazier was hired as Senior Vice President of Government Relations and Legislative Counsel for the RIAA, which vigorously defended the change when it came to light. The battle over the disputed provision led to the formation of the Recording Artists' Coalition , which successfully lobbied for repeal of the change. LEGISLATION AND REGULATION TODAY The RIAA has supported and still supports several pieces of legislation in the United States which it believes help it to prevent copyright infringement. This legislation includes the proposed ''. This would effectively create a radio Broadcast Flag rule. The RIAA has supported legislation in the past which also attempted to introduce a radio broadcast flag. The RIAA is also involved in opposing legislation which involves the Free Speech rights of artists, such as restrictions on sales of recordings which might be considered controversial or which have the Parental Advisory label.'' Freedom of Speech '', RIAA Website BOYCOTTS Several internet-based groups, including RIAA-Radar and, in March 2007 Gizmodo {Link without Title} , have advocated Boycott ing RIAA member labels. CULTURAL REFERENCES
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