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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

This thesis seeks to gain a holistic understanding of consumption issues in the popular music market, such that it needs to account for the influence of 1) technological factors, 2) institutional factors, 3) cultural factors, and 4) an ontological aspect; as these are identified to be the most prominent aspects in the literature on the market. While there is a bourgeoning literature on the market, there has been little formal attempt to link such issues in a comprehensive fashion. The methodology applied provides a critique of the literature on specific consumption theories which have apparent pertinence to the music market. Each of the sociological, psychological, and economic theories (neoclassical and radical) is found to be too generalized to provide such an understanding, in that many issues concerning the music market would need to be eschewed if these theories were to be applied in an orthodox fashion. Moreover, the theories tend to point towards each other for the possibility of a credible, holistic consumption analysis. The most useful and all-encompassing consumption theory reviewed is the systems of provision approach advanced by Fine and Leopold (1993), in that the approach aims to be sensitive to the difference between commodities in terms of the economic and social processes and structures by which they become commodities, and thus it can allow one to consider adequately the four requirements identified above for a holistic understanding of the market. This approach is then applied to the western music market with the aim of 1) testing the approach identified, and 2) making a specific comment of the market. The market is found to be characterized historically by three distinct periods, each with distinct systems of provision (i.e. each with the four factors identified above relating to each other in a certain manner). It is proposed that preference formations in the final period identified have been institutionalized to a large extent, and there is a low probability of change occurring. The systems of provision approach is argued to be beneficial in highlighting which aspects of the existing consumption theories are relevant to the market at a point in time, and to what extent. Thus the richness of the approach stems from its ability to gain a holistic understanding, and to identify theoretical discussion topics, such as those concerning political economy. The approach is then applied to the South African music market, using the same historical methodology, in conjunction with current empirical evidence from the market. Doing this allows one to test the generality of the systems of provision approach, and to attempt to make a comment on the South African market. The techniques for obtaining empirical evidence are argued to be sound, but resource constraints prevented the research from reflecting a holistic view of the market. Nonetheless, a rich perspective is provided from interviews with prominent agents in the market, and thus the chapter is argued to provide the beginning of an understanding of preference formations in the South African music market, in which little research has been conducted (Stella, 2005).

by Tsai Yee-Ah, Eva. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1997. / Incldues bibliographical references (leaves 108-112). / ABSTRACT --- p.iii / ACKNOWLEDGEMENTS --- p.vi / TABLE OF CONTENTS --- p.vii / LIST OF TABLES --- p.ix / LIST OF FIGURES --- p.x / CHAPTER / Chapter I. --- INTRODUCTION --- p.1 / Objectives --- p.2 / Chapter II. --- MARKET ANALYSIS --- p.4 / Overview of the Music Industry in Hong Kong --- p.4 / Hong Kong Classical Music Market and the Trends --- p.6 / Definition of Classical Music --- p.6 / Classical Music Becomes More Popular --- p.8 / More Record Stores in Hong Kong Selling Classical CDs --- p.10 / New Ways of Promoting Classical Music --- p.13 / New Classical Music Repertoires and the Trends --- p.15 / More Young Classical Performers --- p.16 / Major Classical Companies in Hong Kong --- p.17 / Bertelsmann Group --- p.17 / EMI --- p.19 / HNH Internationa] Ltd --- p.22 / PolyGram --- p.25 / Sony --- p.28 / Warner --- p.32 / Chapter III. --- RESEARCH METHODOLOGY --- p.37 / Secondary Data --- p.37 / Primary Data --- p.38 / Experience Survey --- p.38 / Sample Survey --- p.38 / Limitations of the Research --- p.42 / Research Design --- p.42 / Data Collection --- p.43 / Data Analysis --- p.44 / Chapter IV. --- RESEARCH FINDINGS AND DATA ANALYSIS --- p.48 / Response Rate --- p.48 / Outcome of Self-Administered Questionnaire Survey --- p.48 / Data Analysis --- p.49 / Editing --- p.49 / Coding --- p.50 / RESEARCH FINDINGS --- p.50 / Demographic Information of 200 Successful Respondents --- p.50 / Respondents' Opinions of HMV --- p.53 / Respondents' Usage Patterns of Classical CDs --- p.55 / Brand Name of the Record Company --- p.55 / Price --- p.60 / Selection Criteria in Buying Classical CDs --- p.61 / places for Buying Classical CDs --- p.72 / Reasons for Buying Classical CDs --- p.74 / Opinions of Sony's Classical CDs --- p.77 / Preferred Promotional Methods --- p.81 / Information Channels in Receiving Information about Classical CDs --- p.84 / Maximum Price Willing to Pay --- p.88 / Preferred Tangible Changes or Improvements --- p.89 / Conclusion --- p.91 / Competitive Profile --- p.91 / Market Profile --- p.92 / Customer Profile --- p.93 / Product Profile --- p.94 / Company Profile --- p.95 / Chapter V. --- "MARKETING PLAN FOR SONY'S CLASSICAL DIVISION, 1997-1998" --- p.97 / Target Markets --- p.97 / Marketing Objectives --- p.98 / Product Objectives --- p.98 / Pricing Objectives --- p.99 / Communication Objectives --- p.100 / Distribution Objectives --- p.105 / Monitoring System --- p.107 / Conclusion --- p.108 / APPENDIX --- p.110 / BIBLIOGRAPHY --- p.133

by Yau Ka Pui, Lea [and] Yeung Sze Man. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1997. / Includes bibliographical references (leaves 108-112). / ABSTRACT --- p.II / TABLE OF CONTENTS --- p.IV / LIST OF ILLUSTRATIONS --- p.VI / LIST OF TABLES --- p.VII / ACKNOWLEDGEMENT --- p.IX / CHAPTER / Chapter I. --- INTRODUCTION --- p.1 / Global Trend --- p.2 / Music Industry in a Global Perspective --- p.2 / Growth of Mass Retailing IndusTRy in Hong Kong --- p.5 / Marketing Situation of the Small Music Retailers in Hong Kong --- p.7 / Product --- p.7 / Price --- p.8 / Place the Stores --- p.8 / Promotion --- p.9 / Emergence of CD Chain Stores in HK Music Retailing in Early 1990's --- p.10 / HMV CD Retailing Chain Stores --- p.10 / HMV as a Store Differentiator --- p.11 / HMV's unique Store Atmosphere: --- p.13 / Carefuliy Designed Entertainment Facilities in HMV --- p.14 / HMV's Role as an Information Provider --- p.15 / Market Reality --- p.19 / CHAPTER CONCLUSION --- p.20 / Chapter II. --- RESEARCH OBJECTIVES --- p.22 / Chapter III. --- METHODOLOGY --- p.24 / Data Collection --- p.25 / Sampling Plan --- p.25 / Terminology --- p.26 / Chapter IV. --- DATA ANALYSIS AND RESULTS --- p.29 / Causeway Bay Store --- p.29 / Profile of Existing Shoppers --- p.29 / "Profile of HMV Buyers and "" Mere Shoppers""" --- p.35 / Profile of Buyers with regard to their Purchase Volume --- p.39 / Shatin Store --- p.43 / Profile of Existing Shoppers --- p.43 / "Profile of HMV Buyers and “Mere Shoppers""" --- p.47 / Profile of Buyers with regard to their Purchase Volume --- p.49 / Summary of Analysis and Results --- p.51 / Chapter V. --- RECOMMENDATIONS --- p.54 / The Marketing Model --- p.55 / The Market Segmentation for HMV Customers --- p.56 / Target Group Analysis --- p.58 / Generic Marketing Objectives --- p.59 / Enlarge the Market --- p.60 / Increase Market Share --- p.60 / Improve Profitability --- p.60 / Specific Objectives for HMV --- p.61 / Analysis of Mere Shoppers --- p.62 / The Marketing Tactics for Mere Shoppers --- p.62 / Free CD Trial in Neighbouring Retail Stores --- p.63 / Coupons --- p.63 / Set a Time Slot for CD on Sales --- p.64 / Men's Day --- p.64 / Analysis of the Light Buyers --- p.66 / Feasible Marketing Tactics for the Light Buyers --- p.66 / HMV Club --- p.67 / Chance of Getting an Autographed CD --- p.68 / Chance of Getting an Autographed Poster or Photograph --- p.68 / Dedication Service --- p.69 / "Modification on the Current ""Members Card""" --- p.69 / Analysis of the Medium Buyers --- p.72 / Marketing Tactics for the Medium Buyers --- p.72 / Starting from the Existing Pool of Information --- p.72 / Store Image --- p.73 / The Real Meaning of Quality Service --- p.75 / A Private Listening Area --- p.76 / Analysis of the Heavy Buyers --- p.76 / Marketing Tactics for Heavy Buyers --- p.77 / Customer Retention Program --- p.77 / HMV Credit Card --- p.77 / Direct Mailing Service --- p.78 / Quality Service --- p.78 / A Private Listening Booth --- p.78 / Long-term Marketing Strategy --- p.79 / The Significance of a Customer Database --- p.80 / Blueprint for Customer Segmentation --- p.81 / Quality Data for precise Target Segments --- p.81 / Basis for Relationship Marketing --- p.82 / Customer Databases as a Survey Research Complement --- p.82 / Customer Survey as a Monitoring Means --- p.83 / Chapter Conclusion --- p.85 / Chapter VI. --- CONLUSION --- p.86 / Project Limitation --- p.86 / Objectives achieved in this HMV Project --- p.87 / Marketing Implications for Other Organisations --- p.88 / APPENDIX --- p.90 / BIBLOGRAPHY --- p.108

The Music Industry we knew 20 years ago has evolved into a completely different business. Major labels are scrambling to adapt to a new market created by digital streaming and the heavily dominated mobile environment. The purpose of this study is to explore the choice of remaining independent as a musician, and develop a systematic process that any aspiring artist or band manager can confidently follow to ensure their project has the best chance of success. Most of the published writings on this subject are either too broad, or too business-minded for the typical musician. This thesis provides a creative approach with the organization of the information. I present the process of band management in five chapters named after the five movements of traditional sonata form: The Introduction (Chapter 1) presents the various themes that are covered throughout the study, and describes the reasoning for using sonata form for organization and also elaborates on the author’s background. The Exposition (Chapter 2) describes the beginning stages of creating a band and establishing a creative project in the local music scene. This includes the initial formation of the band and its members, the process of networking within the local music scene, and an in depth explanation of how to effectively utilize all the “Essential Websites.” The Development (Chapter 3) describes the process of developing a band into a consistently gigging1 project. The main topics covered are booking shows, performing shows, recording and releasing an album, and what to focus on after it is released. The Recapitulation (Chapter 4) condenses the main topics of the thesis into a more palatable checklist of essential steps that musicians can easily reference throughout the process of managing their project. The Coda (Chapter 5) looks towards the future of the music industry, and serves as a prediction of how the previously effective methods apply to new technologies and website. / Includes bibliography. / Thesis (M.S.)--Florida Atlantic University, 2015. / FAU Electronic Theses and Dissertations Collection

Thesis (M.A.)--Miami University, Dept. of Communication, 2008. / Title from first page of PDF document. Includes bibliographical references (p. 97-105).

In 1930s and 1940s Shanghai, musicians and artists from different cultures and varied backgrounds joined and made the golden age of Shanghai popular song which suggests the beginnings of Chinese popular music in modern times. However, Shanghai popular song has long been neglected in most works about the modern history of Chinese music and remains an unexplored area in Shanghai studies. This study aims to reconstruct a historical view of the Shanghai popular music industry and make a stylistic analysis of its musical products. The research is undertaken at two levels: first, understanding the operating mechanism of the ‘platform’ and second, investigating the components of the ‘products’. By contrasting the hypothetical flowchart of the Shanghai popular music industry, details of the producing, selling and consuming processes are retrieved from various historical sources to reconstruct the industry platform. Through the first level of research, it is found that the rising new media and the flourishing entertainment industry profoundly influenced the development of Shanghai popular song. In addition, social and political changes and changes in business practices and the organisational structure of foreign record companies also contributed to the vast production, popularity and commercial success of Shanghai popular song. From the composition-performance view of song creation, the second level of research reveals that Chinese and Western musical elements both existed in the musical products. The Chinese vocal technique, Western bel canto and instruments from both musical traditions were all found in historical recordings. When ignoring the distinctive nature of pentatonicism but treating Chinese melodies as those on Western scales, Chinese-style tunes could be easily accompanied by chordal harmony. However, the Chinese heterophonic feature was lost in the Western accompaniment texture. Moreover, it is also found that the traditional rules governing the relationship between words and the melody was dismissed in Shanghai popular songwriting. The findings of this study fill in the neglected part in modern history of Chinese music and add to the literature on the under-explored musical area in Shanghai studies. Moreover, this study also demonstrates that against a map illustrating how musical products moved from record companies to consumers along with all other involved participants, the history of popular music can be rediscovered systematically by using songs as evidence, treating media material carefully and tracking down archives and surviving participants.

Chung Yuen Yee. / Thesis (M.Phil.)--Chinese University of Hong Kong, 2006. / Includes bibliographical references (leaves 168-174). / Abstracts in English and Chinese. / Abstract (English Version) --- p.i-iii / Abstract (Chinese Version) --- p.iv-v / Acknowledgement --- p.vi / Chapter Chapter 1 --- Introduction --- p.1-15 / Chapter Chapter 2 --- Literature Review --- p.16-39 / Chapter 2.1 --- Cyberspace and its Activism --- p.17 / Chapter 2.2 --- Communication in Virtual Community --- p.20 / Chapter 2.3 --- Virtual Community and Public Sphere --- p.26 / Chapter 2.4 --- Virtual Community and Commercial Control --- p.32 / Chapter Chapter 3 --- Theoretical Framework and Research Design --- p.40-51 / Chapter 3.1 --- Theoretical Framework --- p.40 / Chapter 3.2 --- Research Design --- p.45 / Chapter 3.2.1 --- Participant-Observation --- p.46 / Chapter 3.2.2 --- In-depth Interview --- p.47 / Chapter 3.2.3 --- Textual Analysis --- p.49 / Chapter Chapter 4 --- Briefing on LIFT --- p.52-66 / Chapter 4.1 --- The Concept of LIFT --- p.52 / Chapter 4.2 --- Participants as Artist Managers in Virtual Music Community --- p.56 / Chapter 4.3 --- Participants as Artists in Virtual Music Community --- p.59 / Chapter 4.4 --- Main Events for all Members in LIFT --- p.60 / Chapter 4.4.1 --- Audition --- p.61 / Chapter 4.4.2 --- Post-audition Dinner --- p.62 / Chapter 4.4.3 --- Artist Management Talk --- p.62 / Chapter 4.4.4 --- Mini Show --- p.63 / Chapter 4.4.5 --- Street Show --- p.64 / Chapter Chapter 5 --- Interaction in Virtual Music Community --- p.67-107 / Chapter 5.1 --- Structure of the Corporation (Virtual Music Community): Loud Music --- p.69 / Chapter 5.2 --- Virtual Status on the Forum: How did the Virtual Members Build Up? --- p.73 / Chapter 5.3 --- Cultural Characteristics in Virtual Music Communities --- p.74 / Chapter 5.3.1 --- Usage Pattern --- p.75 / Chapter 5.3.2 --- The Use of Language --- p.76 / Chapter 5.4 --- Accomplishment through Interaction in Virtual Music Communities --- p.78 / Chapter 5.4.1 --- Company Name of the Virtual Music Community: How did the Virtual Members Make it? --- p.78 / Chapter 5.4.2 --- Company Logo of the Virtual Music Community: How did the Virtual Members Create it? --- p.80 / Chapter 5.4.3 --- Company Slogan of the Virtual Music Community: How did the Virtual Members Generate the Ideas? --- p.84 / Chapter 5.4.4 --- Lyrics Creations for Our Artists: How did the Virtual Members Draft and Collect them? --- p.85 / Chapter 5.4.5 --- CD Album Cover for the Artists of Virtual Music Community: How did the Virtual Members Conduct? --- p.87 / Chapter 5.4.6 --- Virtual Advertisement in Hompy of the Virtual Music Community: How did the Virtual Members Conceive such Idea and Put it into Practice? --- p.90 / Chapter 5.5 --- Difficulties of Interaction in Virtual Music Community --- p.96 / Chapter 5.5.1 --- The Concern of Off Topic Discussion and the Problem of Inactiveness --- p.96 / Chapter 5.5.2 --- The Occurrence of Virtual Argument --- p.99 / Chapter 5.5.3 --- The Existence of Troublemakers --- p.103 / Chapter Chapter 6 --- Commercial Intervention in Virtual Music Community --- p.108-127 / Chapter 6.1 --- The Arrangement of Real Core Groups in LIFT --- p.108 / Chapter 6.1.1 --- The Invitation of CUHK Real Core Group --- p.108 / Chapter 6.1.2 --- The Withdrawal of Real Core Groups --- p.111 / Chapter 6.2 --- Exclusive Participation --- p.113 / Chapter 6.2.1 --- Virtual Artist Managers as well as Net Users --- p.113 / Chapter 6.2.2 --- Virtual Artists as well as Net Users --- p.114 / Chapter 6.3 --- The Autonomy of Involvement in Virtual Music Community --- p.115 / Chapter 6.3.1 --- The Involvement in Judge Panel --- p.115 / Chapter 6.3.2 --- The Involvement in Promotion Work for the Artists --- p.116 / Chapter 6.3.3 --- The Role / Duties of Virtual Music Community --- p.118 / Chapter 6.3.4 --- The Interaction on the Forum --- p.121 / Chapter 6.4 --- Turning Point: Negotiation between the Organization and Virtual Music Community --- p.123 / Chapter Chapter 7 --- Conclusion and Discussion --- p.128-12 / Chapter 7.1 --- Conclusion and Discussion --- p.121 / Chapter 7.2 --- Limitation and Further Research --- p.134 / Chapter 7.3 --- Epilogue --- p.135 / Appendices (1 -26) --- p.137-16 / Bibliography --- p.168-17

This dissertation investigates the working experiences of musicians who play original music as a form of employment. The study describes the venues and locations of music performance, including music clubs, concerts and festivals. This is done from the point of view of a concert-goer who is aware of the labour processes occurring at these shows, as well as the infrastructure and support necessary to make such events occur. The music investigated is original popular music which does not afford the artists any other forms of sponsorship apart from the earnings received from performances. The musicians interviewed are thus people who play music as their sole form of income, or aspire to be this position. The experiences of these musicians, as gleaned from loosely structured interviews utilising open ended questions, allow the study to make some generalisations about what it takes to play music as a fulltime form of employment. This is the focus of the study, particularly the fact that music is not only a skill and talent to be developed, but also that music is a unique job which has it's own stresses, strains and rewards. Problems experienced by the musicians, as described by the musicians themselves, cast a clearer understanding of the way in which this form of work is run. The actual mechanics of music performance, such as the prohibitive costs of equipment, and the dealings with club-owners, are discussed. Technology is evaluated in terms of its impact on music performance as a career. Some record companies were also approached in an attempt to understand the constraints and problems faced by these commercial enterprises. The perceptions that these companies have of local original music artists is contrasted with the perceptions that the artists seemed to have of the companies. This makes for interesting comparative material, and allows the study to identify some obstacles between artist and industry. The study concludes with a description of the local music industry and a discussion of some of the reasons why it has developed in this way, as well as a look at some suggestions for change. / Thesis (M.Soc.Sc.)-University of Natal, Durban, 1994.