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About this Author
Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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The Importance of...

« Not Much INDUCE Act (IICA) News | Main | New Technology Can Thwart Child Pornographers Without Inhibiting Free Expression »

July 13, 2004

Destroying Some Artists so that Others Might Live

Posted by Ernest Miller

Last week I had two posts on the question of whether labels might periodically remove copyrighted works from subscription services (Content Subscription Shenanigans and No Guarantees with Content Subscriptions). Access may be granted at one point in time and denied at another. I think this is a legitimate concern that should be addressed by those who promote subscription services. I've also come across further evidence of this possible music industry tactic.

An entertainment lawyer familiar with the issues (anonymous by request) has said that labels sometimes find it in their best interest to keep a good portion of their catalog in an inactive status (not available in physical formats). According to this source, label heads have told him that they don't stop selling certain artists not because they don't believe they can sell the music but, rather, they stop selling some artists' work so that they can clear the market for others. In other words, the strategically deny certain artists so that others can live.

I'm not sure why these tactics wouldn't translate over to the subscription-based world.

UPDATE
Bonus: This is the 500th Post on "The Importance Of..." Go, me!

Comments (1) + TrackBacks (0) | Category: Copyright | File Sharing


COMMENTS

1. joe on July 13, 2004 07:13 PM writes...

At least, in your case, all 500 posts have been more-than-decent stuff... you do a great job.

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