Recording Industry Association of America

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Recording Industry Association of America
AbbreviationRIAA
Formation1952;72 years ago (1952)
TypeLicensing and royalties, technical standards
Headquarters Washington, D.C., U.S.
Location
  • United States
Chairman and CEO
Mitch Glazier
Website riaa.com

The Recording Industry Association of America (RIAA) is a trade organization that represents the music recording industry in the United States. Its members consist of record labels and distributors that the RIAA says "create, manufacture, and/or distribute approximately 85% of all legally sold recorded music in the United States". [1] RIAA is headquartered in Washington, D.C. [2] [3]

Contents

RIAA was formed in 1952. [4] Its original mission was to administer recording copyright fees and problems, work with trade unions, and do research relating to the record industry and government regulations. [5] Early RIAA standards included the RIAA equalization curve, [6] the format of the stereophonic record groove and the dimensions of 33 1/3, 45, and 78 rpm records. [7]

RIAA says its current mission includes: [1]

  1. to protect intellectual property rights and the First Amendment rights of artists
  2. to perform research about the music industry
  3. to monitor and review relevant laws, regulations, and policies

Between 2001 and 2020, RIAA spent between $2.4 million and $6.5 million annually on lobbying in the United States. [8] RIAA also participates in the collective rights management of sound recordings, and it is responsible for certifying gold and platinum albums and singles in the United States.

Company structure and sales

Mitch Glazier has been the RIAA's chairman and CEO since 2019. Glazier joined the RIAA 20 years ago and has played a role in the music industry's transition to streaming and "anywhere, anytime" access to music. He was the RIAA's senior executive vice president from 2011 to 2019 and served as executive vice president for public policy and industry relations from 2000 to 2011.

The 26-member board of directors is composed of these record executives: [9]

The RIAA represents over 1,600 member labels, which are private corporate entities such as record labels and distributors, and collectively create and distribute about 90% of recorded music sold in the United States. The largest and most influential of the members are the "Big Three":

Within the major three music groups, it represents high-profile record labels such as Atlantic, Capitol, RCA, Warner, Columbia, and Motown. [10]

The RIAA reports that total retail value of recordings sold by their members was $10.4 billion [11] at the end of 2007, a decline from $14.6 billion in 1999. Estimated retail revenues from recorded music in the United States grew 11.4% in 2016 to $7.7 billion. [12]

Sales certification

The RIAA operates an award program for albums that sell a large number of copies. [13] The award was launched in 1958; [14] originally, the requirement for a Gold single was one million units sold and a Gold album represented $1 million in sales (at wholesale value, around a third of the list price). [15] In 1975, the additional requirement of 500,000 units sold was added for Gold albums. [15] Reflecting growth in record sales, the Platinum award was added in 1976, for albums able to sell one million units, while singles qualify upon selling two million units. [15] [16] The Multi-Platinum award was introduced in 1984, signifying multiple Platinum levels of albums and singles. [17] In 1989, the sales thresholds for singles were reduced to 500,000 for Gold and 1,000,000 for Platinum, reflecting a decrease in sales of singles. [18] In 1992, RIAA began counting each disc in a multi-disc set as one unit toward certification. Reflecting additional growth in music sales, the Diamond award was instituted in 1999 for albums or singles selling ten million units. [14] Because of these changes in criteria, the sales level associated with a particular award depends on when the award was made.

Since 2000, [19] the RIAA also operates a similar program for Latin music sales, called Los Premios de Oro y De Platino. Currently, a "Disco De Oro" (Gold) is awarded for 30,000 units, and a "Disco De Platino" is awarded for 60,000 units. Further, the "Album Multi-Platino" honor is awarded at 120,000, and "Diamante" requires 10 times as many units as "Platino" (600,000). [20] The RIAA defines "Latin music" as a type of release with 51% or more of its content recorded in Spanish.

"Digital" single certification

US Representative Martha Roby, and Miranda Lambert, who was the RIAA's 2019 Artist of the Year, at an RIAA event in Washington, DC, in 2019 Martha Roby and Miranda Lambert.jpg
US Representative Martha Roby, and Miranda Lambert, who was the RIAA's 2019 Artist of the Year, at an RIAA event in Washington, DC, in 2019

In 2004, the RIAA added a branch of certification for what it calls "digital" recordings, essentially referring to "recordings transferred to the recipient over a network" (such as those sold via the iTunes Store) yet excluding other obviously digital media such as those on CD, DAT, or MiniDisc. In 2006, "digital ringtones" were added to this branch of certification. Starting in 2013, streaming from audio and video streaming services such as Spotify, Napster, YouTube and the likes also began to be counted towards the certification, using the formula of 100 streams being the equivalent of one download; thus, RIAA certification for singles no longer reflects actual sales. [21] [22] In the same year, the RIAA introduced the Latin Digital Award for digital recordings in Spanish. [20] As of 2016, the certification criteria for these recordings are: [23]

Digital awards:

The units are defined as:

  1. A permanent digital download counts as 1 unit
  2. 150 on-demand audio and/or video streams count as 1 unit

Latin digital awards:

Album certification

In February 2016, RIAA updated its certification criteria for album-level awards to combine streaming and track sales using the formula for album-equivalent unit. [24]

For certification purposes, each unit may be one of: [25]

  1. sale of a digital album or physical album
  2. 10 track downloads from the album
  3. 1,500 on-demand audio and/or video streams from the album

Video longform certification

Along with albums, digital albums, and singles, another classification of music release is called "video longform". This release format includes DVD and VHS releases. Further, certain live albums and compilation albums are counted. The certification criteria are slightly different from other styles. [26]

Efforts against alleged infringement of members' copyrights

Efforts against file sharing

RIAA opposes unauthorized sharing of its members' music. Studies conducted since the association began its campaign against peer-to-peer file-sharing have concluded that losses incurred per download range from negligible [27] [28] to moderate. [29]

The association has commenced high-profile lawsuits against file-sharing service providers. Likewise, it has sued individuals suspected of file sharing, notably college students, parents of file-sharing children and at least one dead person. [30] [31] It is accused of employing techniques such as peer-to-peer "decoying" and "spoofing" to combat file sharing. [32] [33]

In late 2008, they announced they would stop their lawsuits, [34] and instead attempt to work with ISPs to persuade them to use a three-strike system for file sharing involving issuing two warnings and then cutting off Internet service after the third strike. [35]

Selection of defendants

RIAA names defendants based on ISP identification of the subscriber associated with an IP address, [36] and as such do not know any additional information about a person before they sue. 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 to RIAA and an agreement not to engage in file sharing of music. Such suits are also usually on par with statutory damages of $750 per work, with the RIAA choosing the number of works it deems "reasonable". For cases that do not settle at this amount, the RIAA has gone to trial, seeking statutory damages from the jury, written into The Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 as between $750 and $30,000 per work or $750 and $150,000 per work if "willful".

The Electronic Frontier Foundation and Public Citizen oppose the ability of RIAA and other companies to "strip Internet users of anonymity without allowing them to challenge the order in court". [37] [38] Importantly, US Courts have declared that an IP address is not a person nor personal identifier.[ citation needed ] This weakened RIAA's ability to sue individuals.

RIAA's methods of identifying individual users had, in some rare cases, led to the issuing of subpoenas to persons dead or otherwise incapable of file-sharing. Two such examples include: a then-recently deceased 83-year-old woman [39] an elderly computer novice, [40] and a family reportedly without any computer at all. [41]

Settlement programs

In February 2007, RIAA began sending letters accusing Internet users of sharing files and directing them to web site P2PLAWSUITS.COM, where they can make "discount" settlements payable by credit card. [42] The letters go on to say that anyone not settling will have lawsuits brought against them. Typical settlements are between $3,000 and $12,000. This new strategy was formed because the RIAA's legal fees were cutting into the income from settlements. [43] In 2008, RIAA sued 19-year-old Ciara Sauro for allegedly sharing 10 songs online. [44]

RIAA also launched an "early settlement program" directed to ISPs 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. The settlement letters urged ISPs 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. [45] By March 2007, the focus had shifted from ISPs to colleges and universities. [43] [46] [47]

In October 1998, RIAA 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 portable digital player market. [48]

In 2003, RIAA sued college student developers of LAN search engines Phynd and Flatlan, describing them as "a sophisticated network designed to enable widespread music thievery". [49] [50] [51]

In September 2003, RIAA filed suit in civil court against several private individuals who had shared large numbers of files with Kazaa. Most of these suits were settled with monetary payments averaging $3,000. Kazaa publisher Sharman Networks responded with a lawsuit against RIAA, alleging that the terms of use of the network were violated and that unauthorized client software was used in the investigation to track down the individual file sharers (such as Kazaa Lite). An effort to throw out this suit was denied in January 2004, but that suit was settled in 2006. Sharman Networks agreed to a global settlement of litigation brought against it by the Motion Picture Association of America, the International Federation of the Phonographic Industry, and by RIAA. The creators of the popular Kazaa file-sharing network would pay $115 million to RIAA, plus unspecified future amounts to MPAA and the software industry; and, they would install filters on its networks to prevent users from sharing copyrighted works on its network. [52]

RIAA also filed suit in 2006 to enjoin digital XM Satellite Radio from enabling its subscribers from playing songs they had recorded from its satellite broadcasts. [53] It is also suing several Internet radio stations. [54] Later, XM was forced to impose an industry fee upon subscribers. The fee still exists and has always been paid, in-full, directly to RIAA.

On October 12, 2007, RIAA sued Usenet.com seeking a permanent injunction to prevent the company from "aiding, encouraging, enabling, inducing, causing, materially contributing to, or otherwise facilitating" copyright infringement. This suit, the first that RIAA has filed against a Usenet provider, has added another branch to RIAA's rapidly expanding fight to curb the unauthorized distribution of copyrighted materials. Unlike many of RIAA's previous lawsuits, this suit was filed against the provider of a service. Providers have no direct means of removing infringing content. RIAA's argument relies heavily on the fact the Usenet.com, the only defendant that had been named, promoted their service with slogans and phrases that strongly suggested that the service could be used to obtain free music.

On April 28, 2008, RIAA member labels sued Project Playlist, a web music search site, claiming that most of the sound recordings in the site's index of links are infringing. Project Playlist's website denies that any of the music is hosted on Project Playlist's own servers. [55]

On June 30, 2009, RIAA prevailed in its fight against Usenet.com, in a decision, that the U.S. District Judge Harold Baer of the Southern District of New York ruled in favor of the music industry on all its main arguments: that Usenet.com was guilty of direct, contributory, and vicarious infringement. In addition, and perhaps most importantly for future cases, Baer said that Usenet.com cannot claim protection under the Sony Betamax decision. That ruling states that companies cannot be held liable for contributory infringement if the device they create is "capable of significant noninfringing uses". [56] Furthermore, the parties had appealed to a federal court for damage assessments and awards, which could amount to several millions of dollars for the music industry. [57]

On October 26, 2010, RIAA members won a case against LimeWire, a P2P file-sharing network, for illegal distribution of copyrighted works. [58] On October 29, in retaliation, riaa.org was taken offline via denial-of-service attacks executed by members of Operation Payback and Anonymous. [59]

Advocacy

RIAA filed briefs in Allen v. Cooper , which was decided in 2020. The Supreme Court of the United States abrogated the Copyright Remedy Clarification Act as unconstitutional, while RIAA had argued the opposite view.

The "work made for hire" controversy

In 1999, Mitch 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. [60] [61] 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. [62] The battle over the disputed provision led to the formation of the Recording Artists' Coalition, which successfully lobbied for repeal of the change. [63] [64]

GitHub and youtube-dl takedown request

On October 23, 2020, the code repository hosting service GitHub (owned by Microsoft) released a DMCA request from RIAA. This request listed the open-source software project youtube-dl (and forks of the project) as copyright violations. The request cited the United States law Title 17 U.S.C. §1201. [65] Critics of this action say that the software library can be used by archivists to download videos of social injustice. [66] According to Parker Higgins, former Director of Copyright Activism at the Electronic Frontier Foundation (EFF), this takedown request was a "throwback threat" analogous to the DeCSS controversy. [67]

NFT takedown requests

On February 4, 2022, Mitch Glazier swiftly took action against NFT scam site HitPiece. The site had allegedly stole music to mint as NFTs, and host them on their site. Since then, HitPiece has only responded with "We Started The Conversation And We're Listening." However, their site has not been updated since. [68]

Criticism

RIAA is heavily criticized for both policy and for their method of suing individuals for copyright infringement. Particularly strong critic-advocates are Internet-based, such as the Electronic Frontier Foundation and Students for Free Culture. [69] RIAA has sued more than 20,000 people in the United States suspected of distributing copyrighted works. [70] Of these, approximately 2,500 were settled pre-trial. Brad Templeton of the Electronic Frontier Foundation has called these types of lawsuits spamigation and implied they are done merely to intimidate people. [71]

Executive leadership of RIAA

See also

Related Research Articles

Kazaa Media Desktop. was a peer-to-peer file sharing application using the FastTrack protocol licensed by Joltid Ltd. and operated as Kazaa by Sharman Networks. Kazaa was subsequently under license as a legal music subscription service by Atrinsic, Inc., which lasted until August 2012.

<span class="mw-page-title-main">Napster</span> Online peer-to-peer file sharing software

Napster was an American peer-to-peer (P2P) file sharing application primarily associated with digital audio file distribution. Founded by Shawn Fanning and Sean Parker, the platform originally launched on June 1, 1999. Audio shared on the service was typically encoded in the MP3 format. As the software became popular, the company encountered legal difficulties over copyright infringement. Napster ceased operations in 2001 after losing multiple lawsuits and filed for bankruptcy in June 2002.

<span class="mw-page-title-main">International Federation of the Phonographic Industry</span> Organisation that represents the interests of the recording industry

The International Federation of the Phonographic Industry (IFPI) is the organisation that represents the interests of the recording industry worldwide. It is a non-profit members' organisation registered in Switzerland and founded in Italy in 1933 by Francesco Braga. It operates a secretariat based in London, with regional offices in Brussels, Hong Kong, Miami, Abu Dhabi, Singapore and Nairobi.

<span class="mw-page-title-main">RIAA certification</span> Sales certification from the Recording Industry Association of America

In the United States, the Recording Industry Association of America (RIAA) operates an awards program based on the certified number of albums and singles sold through retail and other ancillary markets. Other countries have similar awards. Certification is not automatic; for an award to be made, the record label must first request certification. The audit is conducted against net shipments after returns, which includes albums sold directly to retailers and one-stops, direct-to-consumer sales and other outlets.

<span class="mw-page-title-main">Music recording certification</span> Certification that a music recording has shipped, sold, or streamed a number of units

Music recording certification is a system of certifying that a music recording has shipped, sold, or streamed a certain number of units. The threshold quantity varies by type and by nation or territory.

<span class="mw-page-title-main">Australian Recording Industry Association</span> Australian music industry trade group

The Australian Recording Industry Association (ARIA) is a trade association representing the Australian recording industry which was established in the 1970s by six major record companies, EMI, Festival, CBS, RCA, WEA and Universal replacing the Association of Australian Record Manufacturers (AARM) which was formed in 1956. It oversees the collection, administration and distribution of music licences and royalties.

<span class="mw-page-title-main">Music Canada</span> Trade organization in Canada

Music Canada is a non-profit trade organization that was founded 9 April 1963 in Toronto to represent the interests of companies that record, manufacture, produce, and distribute music in Canada. It also offers benefits to some of Canada's leading independent record labels and distributors. It was known as the Canadian Record Manufacturer's Association until 1972 and the Canadian Recording Industry Association (CRIA) until 2011.

<span class="mw-page-title-main">Music download</span> Digital transfer of music via the Internet into a device capable of decoding and playing it

A music download is the digital transfer of music via the Internet into a device capable of decoding and playing it, such as a personal computer, portable media player, MP3 player or smartphone. This term encompasses both legal downloads and downloads of copyrighted material without permission or legal payment. Music downloads are typically encoded with modified discrete cosine transform (MDCT) audio data compression, particularly the Advanced Audio Coding (AAC) format used by iTunes as well as the MP3 audio coding format.

This is a timeline of events in the history of networked file sharing.

<span class="mw-page-title-main">Argentine Chamber of Phonograms and Videograms Producers</span> Argentine music industry association

The Argentine Chamber of Phonograms and Videograms Producers is an Argentine organization member of the IFPI, which represents the music industry in the country. It is a nonprofit organization integrated by multinational and independent record labels.

File sharing in Canada relates to the distribution of digital media in that country. Canada had the greatest number of file sharers by percentage of population in the world according to a 2004 report by the OECD. In 2009 however it was found that Canada had only the tenth greatest number of copyright infringements in the world according to a report by BayTSP, a U.S. anti-piracy company.

<span class="mw-page-title-main">Don't Download This Song</span> 2006 single by "Weird Al" Yankovic

"Don't Download This Song" is the first single from "Weird Al" Yankovic's 12th studio album Straight Outta Lynwood. The song was released exclusively on August 21, 2006 as a digital download. It is a style parody of "We Are the World", "Voices That Care", "Hands Across America", "Heal the World" and other similar charity songs. The song "describes the perils of online music file-sharing" in a tongue-in-cheek manner. To further the sarcasm, the song was freely available for streaming and to legally download in DRM-free MPEG fileformat at Weird Al's Myspace page, a standalone website, as well as his YouTube channel.

Arts and media industry trade groups, such as the International Federation of the Phonographic Industry (IFPI) and Motion Picture Association of America (MPAA), strongly oppose and attempt to prevent copyright infringement through file sharing. The organizations particularly target the distribution of files via the Internet using peer-to-peer software. Efforts by trade groups to curb such infringement have been unsuccessful with chronic, widespread and rampant infringement continuing largely unabated.

File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia, program files, documents or electronic books/magazines. It involves various legal aspects as it is often used to exchange data that is copyrighted or licensed.

Top Latin Albums is a record chart published by Billboard magazine and is labeled as the most important music chart for Spanish language, full-length albums in the American music market. Like all Billboard album charts, the chart is based on sales. Nielsen SoundScan compiles the sales data from merchants representing more than 90 percent of the U.S. music retail market. The sample includes sales at music stores, the music departments of electronics and department stores, direct-to-consumer transactions, and Internet sales of physical albums or digital downloads. A limited array of verifiable sales from concert venues is also tabulated. To rank on this chart, an album must have 51% or more of its content recorded in Spanish. Listings of Top Latin Albums are also shown on Telemundo's music page through a partnership between the two companies. As of January 26, 2017, a multi-metric methodology to compile the Top Latin Albums chart was adopted by Billboard, which also incorporates track equivalent album units and streaming equivalent album units.

In the first decade of the 21st century, the rise of digital media on the internet and computers as a central and primary means to record, distribute, store, and play music caused widespread economic changes in the music industry. The rise of digital media with high-speed internet access fundamentally changed the relationships between artists, record companies, promoters, retail music stores, the technology industry, and consumers. The rise of digital music consumption options contributed to several fundamental changes in consumption. One significant change in the music industry was the remarkable decline of conventional album sales on CD and vinyl. With the à la carte sales models increasing in popularity, consumers no longer downloaded entire albums but rather chose single songs.

"Moon" is a song by American rapper Kanye West from his tenth studio album, Donda (2021). The song includes vocals from fellow rappers Don Toliver and Kid Cudi. The production was handled by West and E.Vax, with co-production from BoogzDaBeast and DJ Khalil. Alongside the vocalists, all the producers wrote the song. It initially only had an appearance from Toliver, however Kid Cudi was included after the album's first listening event in July 2021. Lil Yachty sought the rapper's appearance by reaching out to Vory, who arranged it through contact with West. The song had been crafted by West before Toliver worked on it in 2021, differing largely from the initial recording on the final version. A tender ballad, it features riffs of electric guitar and lyrics from Kid Cudi about reflecting to better himself.

References

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