Many people might think that downloading music without paying for it is not a big issue. Copyright owners disagree with this kind of reasoning because to them, music is intellectual property with substantial commercial value. Copyright law is the primary form of protection for intellectual property and is based on the fundamental principle that copyright works cannot be reproduced without the express consent of the copyright owner. During the late 90’s however, new technology made it possible for millions of people to download music from the Internet without the express consent of copyright owners. The mere act of downloading songs illegally violates the exclusive right of the copyright owner to reproduce the work. It has also created problems within copyright law that was not foreseeable in the 17th century when the Statute of Anne was enacted. In law, there is always an exception to the rule and it is no different with copyright law. Although copyright owners have the exclusive right to reproduce their work, the general public has been granted exceptions to make fair dealing of copyright works for private or personal use, purposes of research, private study, criticism, review or for reporting current events in a magazine, newspaper or periodical, broadcasting or by using the work in a cinematograph film by virtue of s12 of the Copyright Act 98 of 1978. However, the list of exceptions supra may be changed and/or extended, provided that it remains in line with the international conventions and agreements that South Africa is a member to. The three-step test is inter alia provided for in Art. 9(2) of the Berne Convention1 (Paris Text of 1971) and permit exceptions to the reproduction right of the copyright owner: 1) in certain special cases; 2) that do not conflict with the normal exploitation of the work and; 3) that does not unreasonably prejudice the legitimate interests of the author/rights holder. S17 provides that certain subsections of s12 shall apply mutatis mutandis with reference to sound recordings. However, s12(1)(a) is not one of the subsections mentioned in s17 which means that fair dealing in sound recordings for purposes of research or private study, or for personal or private use is NOT permitted. Fair dealing however, is not absolute nor is it an easy doctrine to interpret. The legal interpretation and application of fair dealing has been fraught with complexity since the English courts first dealt with fair abridgement of literary works between the 17th and 18th century but this complexity has been compounded even more by new technology, especially in relation to music works. The legal uncertainty of fair dealing with regard to music works is the reason why this comparative research has been undertaken in the jurisdictions of South Africa, the United Kingdom, Australia and the United States. Hopefully it will shed more light on the doctrine and lift the veil of confusion. / Jurisprudence / LLM

published_or_final_version / Business Administration / Master / Master of Business Administration

This thesis examines the impact technology has on the music industry. Despite decrease in physical sales and piracy, statistics indicate that consumer requests for music content are strong. Although sales of physical product have decreased, the demand for digital music has dramatically increased. The current market players and technology innovations provide new opportunities to deliver music to the consumer. It is imperative to balance the divergent interests of consumers and artists, while ensuring profits for all parties involved. / by Jazmine A. Valencia. / Thesis (M.S.)--Florida Atlantic University, 2008. / Includes bibliography. / Electronic reproduction. Boca Raton, FL : 2008 Mode of access: World Wide Web.

Thesis (MA--Communication Studies) -- Auckland University of Technology, 2005. / Chapter 5 not included in e-thesis. Also held in print (viii, 177 leaves, 30 cm.) in Wellesley Theses Collection. (T 338.4778149 HIL)

Thesis (M.A.)--Carleton University, 2003. / Includes bibliographical references (p. 244-254). Also available in electronic format on the Internet.

Thesis (Ph.D.)--Memorial University of Newfoundland, 2001. / Bibliography: leaves 181-208.

Thesis (M.J.)--Carleton University, 1992. / Also available in electronic format on the Internet.

Many people might think that downloading music without paying for it is not a big issue. Copyright owners disagree with this kind of reasoning because to them, music is intellectual property with substantial commercial value. Copyright law is the primary form of protection for intellectual property and is based on the fundamental principle that copyright works cannot be reproduced without the express consent of the copyright owner. During the late 90’s however, new technology made it possible for millions of people to download music from the Internet without the express consent of copyright owners. The mere act of downloading songs illegally violates the exclusive right of the copyright owner to reproduce the work. It has also created problems within copyright law that was not foreseeable in the 17th century when the Statute of Anne was enacted. In law, there is always an exception to the rule and it is no different with copyright law. Although copyright owners have the exclusive right to reproduce their work, the general public has been granted exceptions to make fair dealing of copyright works for private or personal use, purposes of research, private study, criticism, review or for reporting current events in a magazine, newspaper or periodical, broadcasting or by using the work in a cinematograph film by virtue of s12 of the Copyright Act 98 of 1978. However, the list of exceptions supra may be changed and/or extended, provided that it remains in line with the international conventions and agreements that South Africa is a member to. The three-step test is inter alia provided for in Art. 9(2) of the Berne Convention1 (Paris Text of 1971) and permit exceptions to the reproduction right of the copyright owner: 1) in certain special cases; 2) that do not conflict with the normal exploitation of the work and; 3) that does not unreasonably prejudice the legitimate interests of the author/rights holder. S17 provides that certain subsections of s12 shall apply mutatis mutandis with reference to sound recordings. However, s12(1)(a) is not one of the subsections mentioned in s17 which means that fair dealing in sound recordings for purposes of research or private study, or for personal or private use is NOT permitted. Fair dealing however, is not absolute nor is it an easy doctrine to interpret. The legal interpretation and application of fair dealing has been fraught with complexity since the English courts first dealt with fair abridgement of literary works between the 17th and 18th century but this complexity has been compounded even more by new technology, especially in relation to music works. The legal uncertainty of fair dealing with regard to music works is the reason why this comparative research has been undertaken in the jurisdictions of South Africa, the United Kingdom, Australia and the United States. Hopefully it will shed more light on the doctrine and lift the veil of confusion. / Jurisprudence / LLM

Wind bands have been recording for over one hundred years. Through advancements in both technology and process, recordings have made a monumental impact on the wind band and its repertoire. These advancements have created clarity regarding the performance practice of pieces and helped to preserve the wind band repertoire. Many early works have gained masterwork status due, in large part, to the fact that recordings have preserved them. The increase in popularity of recording and, in particular, the wind band, warrants an investigation into the various aspects of the process. Additionally, gaining insight from wind band professionals who record will help to evaluate the contributions that recording has made to the education of performers and listeners, the preservation of repertoire and the artistic enhancement of the wind band. Each chapter explores aspects of the recording process and how those aspects have shaped the wind band, its repertoire and performance practice. Information from conductors, composers and engineers provide valuable insight pertaining to the educational, historical and artistic components of the recording process. The goal of all involved in the recording process should be the pursuit of technical perfection, which does not eclipse the ultimate musical goals of the project and the integrity of the composer's intentions.

Wong King-chung. / Thesis (M.Phil.)--Chinese University of Hong Kong, 2005. / Includes bibliographical references (leaves 66-78). / Abstracts in English and Chinese. / Abstract --- p.i / Abstract (Chinese) --- p.ii / Acknowledgement --- p.iii / Table of Contents --- p.v / List of Figures and Tables --- p.vii / Chapter Chapter 1´ؤ --- Introduction / A New Age of Sound --- p.1 / Academic Background and Related Studies --- p.2 / Chinese Music and the Media --- p.4 / The Present Study and Methodology --- p.5 / Chapter Chapter 2´ؤ --- SoundScape of China: The Influence of Ethnomusicology in China in the 1980´ةs / Introduction --- p.8 / From Comparative to Cultural: Chinese Music Scholarship in the Twentieth Century Mainland China --- p.10 / Revealing a Soundscape of Chinese Music´ؤDevelopment of Musical Genre Study --- p.13 / Concluding Remarks --- p.18 / Chapter Chapter 3´ؤ --- Mapping a Soundscape: Analyzing the HUGO CD Catalogue(s) / Introduction --- p.20 / "Classification, Category and Catalogue" --- p.20 / Recording Industry in Hong Kong --- p.22 / Aik Yeh-goh and HUGO Production (HK) Ltd --- p.28 / HUGO'S Label Division --- p.29 / Statistical Analysis of HUGO CD Catalogues --- p.31 / An Aural Map´ؤSoundscape of China --- p.38 / Concluding Remarks --- p.42 / Chapter Chapter 4´ؤ --- Whose Music? The Role of the HUGO CD Catalogue in Chinese Cultural Memory / Introduction --- p.44 / Communication Theory in Studying Recording Industry --- p.46 / Lasswell's 5-W Formula as a System --- p.46 / Lewin's Gatekeeping Theory --- p.50 / The Role of HUGO CD: Imagination of Chinese Music outside Mainland China --- p.52 / Concluding Remarks --- p.54 / Appendix A: Name List of Record Companies in Hong Kong before the 1990's --- p.56 / Appendix B: The Catalogue of the HUGO CDs --- p.58 / Selected Bibliography --- p.66