Media Industry Structure: Oligopoly

The “few” selling to the many:

Dominant firm oligopoly: One firm holds 50-90% of the market

Tight oligopoly: Four firms hold more than 60% of the market

Effective competition: More than four firms (but less than “many”) hold 60% of the market

Universal/NBC (United States)

2003

Universal/NBC (United States)

2003Major Recording Companies

2006

Universal Music Group

Sony Music Entertainment

EMI Group

Warner Brothers Music

BMG Entertainment

Major Recording Companies

1920

RCA

Columbia

Decca

ArtisticCommunity

ContractedArtists

Talent Scouts

Production

RecordingIndustry

Managerial

Society/Culture

Retail

INNOVATION

The production cycle of popular music

Indies

Copyright

Some Issues

• The notes/lyrics v. sound: the folk tradition of West Africa

• Sampling: Is the sum of (different) parts equal to a whole

1. The composition

2. The performance

3. The recording

Performance Rights (Music Licensing)A brochure from the American Society of Composers, Authors and Publishers (ASCAP) states, "Any user who performs copyrighted musical works in public, and whose performances are not specifically exempt under the law, needs a license from ASCAP or from the members whose works the user wishes to perform."Music licensing organizations represent songwriters, composers, and music publishers so that they receive royalties for the public performance of copyrighted music in broadcast media and public places. The organizations do not print, publish, or sell music, but the databases they maintain can help verify pieces of music and identify the copyright owner. If the music is not in print separately or in a collection, the copyright owner may be the only source.

ASCAP's ACE on the Web http://www.ascap.com/ace/ACE.html ACE is a database of song titles licensed by ASCAP in the United States, searchable by title, writer, performer, or publisher.

BMI (Broadcast Music, Inc.) http://www.bmi.com/ BMI calls its Internet song title database "Hyperrepertoire." Searchable by song title or song writer, with writer and publisher information on songs licensed by BMI.

SESAChttp://www.sesac.com/SESAC is another music licensing organization like ASCAP and BMI. Their online index is called SESAC Repertory Online, http://www.sesac.com/repertory.htm.

Questions About The Digital Millennium Copyright Act

From Vaidhyanathan (pp.159-160)

1. The surrender of balance to control (copyright owner has all control).

2. The surrender of public interest to private interest (the matter of the public good from creativity).

3. The surrender of republican deliberation within the nation-state to unelected multilateral nongovernmental bodies. (World Intellectual Property Organization and the World Trade Association).

4. The surrender of culture to technology (the “electronic lock” unfettered by public deliberation).