Taylor Swift recently wrote a controversial open letter to Apple Music about its new music streaming feature. Apple Music was offering a free three month trial as one of the new streaming site’s hottest features, but during that period artists and record companies would not be paid. That policy sparked Swift’s wrath, and opened up a conversation about the ethics of streaming sites.

Swift said on her personal Tumblr account:

I’m sure you are aware that Apple Music will be offering a free 3 month trial to anyone who signs up for the service.

I’m not sure you know that Apple Music will not be paying writers, producers, or artists for those three months. I find it to be shocking, disappointing, and completely unlike this historically progressive and generous company.

Apple acquired Beats Electronics last year for $3 billion, and on June 8 it announced details about its new streaming music service and radio station at the Worldwide Developers Conference. 

One day after Swift’s letter, Apple’s Senior Vice President of Internet Software and Services, Eddy Cue, tweeted a response that Apple will change its royalty policy. 

#AppleMusic will pay artist for streaming, even during customer’s free trial period

— Eddy Cue (@cue) June 22, 2015

We hear you @taylorswift13 and indie artists. Love, Apple

— Eddy Cue (@cue) June 22, 2015

Swift responded in  kind to the policy change:

I am elated and relieved. Thank you for your words of support today. They listened to us.

— Taylor Swift (@taylorswift13) June 22, 2015

While Swift and Apple Music got rid of their “Bad Blood” pretty quickly, this isn’t the first time that she has challenged streaming services. Back in November 2014, Swift famously pulled her music from Spotify and kept “1989” off of steaming services.

I’m all for making money and handling it in whatever way you want, but to me, Swift seems a little selfish. She’s one of the most prominent artists to remove her music from Spotify, and certainly one of the richest. Her letter went so far as to say,

This is not about me. This is about the new artist or band that has just released their first single and will not be paid for its success.

But Swift may be in the wrong with that argument. When the issue between Swift and Spotify arose, Spotify stated that the purpose of its streaming site was to prevent music lovers from downloading music illegally. Although artists aren’t being paid as much as they would if they were selling a song or album, they certainly receive more money through sites like Spotify than if their songs were pirated.

So, it’s easy to question whether Swift’s intent is truly so generous. Furthermore, it’s easy to imagine that she removed the music for her personal gain because she wasn’t making as much money–just because Apple played along and fixed the problem for everyone doesn’t absolve her. If she gets into any other arguments with streaming sites down the road, hopefully she uses her prominent status to benefit all artists involved, not just for her own personal gain.

Angel Idowu

Angel Idowu is a member of the Beloit College Class of 2016 and was a Law Street Media Fellow for the Summer of 2015. Contact Angel at staff@LawStreetMedia.com.

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Internet legalities, security, and commerce are confusing. There a lot of gray areas when it comes to what is legal but also, the consequences for internet crimes are clearly lacking as well. If there is no fear of the law, what incentive is there for people to abide by the law? One ubiquitous internet crime is piracy, or the act of obtaining copy written content without paying for it. This type of crime is conducted by a variety of methods; among them are peer to peer downloading and streaming.

Let’s take a look at the history…

Obtaining content online first commenced with downloading information from a single location. Downloading is the process of copying data, usually an entire file from a main source to a peripheral device. The term is often used to describe the process of copying a file from an online service or bulletin board service (BBS) to one’s own computer. During a direct download, you are only downloading the file(s) from an individual server unlike a torrent.

Today, torrenting is much more popular, where users download crowd sourced content. Torrenting is the act of downloading files from a large network in which all of the users are sharing the same file. A torrent allows you to download the file from multiple users, with the capability to also share some of it back. Both the act of downloading and torrenting content violates the Copyright Act of 1976.

While it is evident that downloading/ torrenting is an issue looking at Voltage Pictures Case, the new issue in piracy is streaming. Streaming is simply the method of relaying the data over a computer network as a steady continuous stream, allowing playback to proceed while subsequent data is being receive

It is significantly more difficult to file lawsuits against perpetrators who are streaming; they are not hosting or sharing the file. Likewise, obtaining IP addresses and personal info of people who stream videos is complicated. Torrents are much easier to track due to file sharing during downloading. This in itself, make torrents easier cases to prosecute. For the time being, companies mainly target the low hanging fruit- people who download from torrents.

Most notably, the latest streaming issue is with Aereo. Currently, Aereo batting television providers  in the Supreme Court. They created an antenna that could receive “free” television, and then charged others to view it using the cable from their antenna.

So is streaming content safe and legal?  

Streaming is a slippery slope for prosecutors, as there are no definitive answers to this question. The answer depends on many variables including the site and file type. Due to the lack of any conclusive rulings, the legality of streaming is in a state of limbo. In an attempt to clear the air, the Copyright Office contends there is no violation when a reproduction manifests itself in a fleeting manner that it cannot be copied, perceived or communicated. Though the law is convoluted, it is useful to note that owners, such as the Motion Picture Association of America, rarely go after individuals who watch streaming movies. Illegal or not, it’s costly and difficult to track these users down.

Even if the ruling comes down as piracy, I would compare this activity to jaywalking. Yes, it is considered illegal. Yes, you should not do it. But the fact of the matter is everyone does it.

[Mother Jones] [Aereo]

Zachary Schneider

Zach Schneider is a student at American University and formerly an intern at Law Street Media. Contact Zach at staff@LawStreetMedia.com.

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