USA / Copyright / Music on the Internet

In the Berkeley Technology Law Journal, Vol 15 No 1, 2000, Inez G Gonzalez discusses the possible infringement of copyright law in the context of the leading case of Recording Industry Association of America Inc v Diamond Multimedia Systems Inc (1999). The author refers to the Audio Home Recording Act, the advances in digital technology, the fears on the part of the recording companies and artists that these advances are encouraging piracy, the specific fear that the portable Diamond Rio MP3 player would further encourage the piracy of sound recordings and the details of the litigation between RIAA against DMS. In tne litigation, the RIAA appealed from the district court to the Ninth Circuit; and it is the latter’s judgment which the author examines in this article. He refers to the court’s decision in favor of Diamond on both legal and policy grounds. "The Rio does not infringe any of the rights created under the federal Copyright Act or the AHRA. Rather, it represents a classic instance of fair use, a fundamental policy which should not be trumped by industry-specific goals." The author concludes that the judgment clears the way for Diamond and other manufacturers of portable devices to take advantage of the MP3 revolution: "the proliferation of MP3 has encouraged manufacturers to invent and musical artists to create". He adds that the legitimate concerns of the recording industry should be addressed in ways which "embrace the technological advances and the fundamental policy of fair use". [20010]