This is suit that Lexmark International, Inc filed against Static Control Components (SCC), Inc. It is the appeal case, where the court overturns the findings against SCC. Lexmark claims that SCC violates the DMCA by selling printer toner cartridges that work with Lexmark’s printer engine program. Lexmark claims that SCC’s chip violates the DMCA and federal copyright law. Part I A of the case provides a description of the companies and the computer programs and how they work. It also explains Lexmark’s toner cartridges and the chips manufactured by SCC. Part I B is a summary of the proceedings and findings of the district court. Section II says that the district court abused its power and outlines four criteria that have to be fulfilled in order to uphold the preliminary injunction. Part III is the beginning of the decision. The first part of the decision outlines the laws that relevant to the case and what each side has to prove in order to win. The court uses the idea-expression dichotomy and other copyright principles to find that one part of the software, the Toner Loading Program, is not copyrightable. The court also states three errors that the district court made in its ruling on the issue of copyright infringement by SCC. The district court was mistaken about what is protectable and what is not when it comes software copyright. Part C of the decision assesses Lexmark’s counter arguments that support the ruling of the district court. Part D comments on the district court’s response to SCC’s fair use arguments, even thought they were irrelevant because the Toner Loading Program is not copyrightable. The court says the district court was right in the four factors SCC had to have for a successful argument and comments on these. Section IV of the decision looks at the DMCA element of the case. Part IV A looks at the laws and what claims the parties make under these laws. Part B says that reading the printer’s memory, not only by the code, can access the Printer Engine Program because it is not encrypted. Since no security device has to be circumvented to get to the code, SCC is not in violation of the DMCA. The rest of this section looks at Lexmark’s case and responds to it. Part C states that the SCC chip does not provide access to the Printer Engine Program, it instead replaces it. Part D addresses the district court’s assessment of SCC’s case because it could become relevant. The court vacates the preliminary injunction and orders further proceedings.
This case is relevant to my paper because it shows how companies attempt to use the DMCA to prevent aftermarket competition. Even though Lexmark fails, the courts ruling has nothing to do with the DMCA and its wording, rather it is about technicalities in a sense. Lexmark lost its case because one of its programs cannot be copyrighted and the other was not encrypted, not because of interpretation of the DMCA. Even though there are court cases regarding the law and its uses, they are not effective in setting precedents or helping with DMCA interpretation.

321 Studios is a company that produces a software program that can be used to back up DVDs. 321 claims that their product does not violate the DMCA because it has substantial non-infringing uses. The beginning of the document gives technical background on what a DVD is and how CSS encryption works. It also gives information on the companies involved in the lawsuit. 321 Studios filed the suit to prove that their software does not violate copyright law. Next, the document presents the legal standards for a motion of summary judgment, a motion to dismiss and rule 56(f). The first part of the discussion looks at recent, related cases (Elcom and Corley) involving the DMCA. The next section examines the wording of the DMCA and how one is liable under the act. Next is the Studios’ argument as to how CSS is a valid form of encryption and is protected by the DMCA. The court agrees with the Studios despite 321’s point that it is not an effective lock because decryption keys are widely available on the Internet. The following section outlines the arguments as to why 321’s software violates the DMCA. 321 argues that they circumvent the encryption within the law of the act because their software only works on original DVDs and the people who purchase these have the right to break the CSS. The court rejects this argument, citing a previous case (Corley). The next parts of the argument are about 1201 (b)(1). 321 claims that CSS only prevents access to, not copying of, DVDs, so they are not in violation of the DMCA. The court says that 321 misunderstands the statute and they are in violation because they sell a product that breaks encryption. 321 also argues that they are not in violation because the main use of their software has nothing to do with the DMCA or breaking CSS because it can be used to copy DVDs in the public domain. 321 also claims they do not circumvent CSS because they use a licensed key to unlock the encryption. The court rules that the part of the program that breaks the CSS is in violation of the DMCA. The court also finds that 321 is in violation of the DMCA in the way it markets its software and because it is made primarily to circumvent encryption. The court also says that the DMCA does not violate 321’s freedom of speech and first amendment rights or exceed Congress’ power. The court refers to the cases it cited earlier in the brief in this part of the discussion. The court orders an injunction against 321’s software. The last sections deal with the counterclaims and smaller issues of the lawsuit.
This case is another example of companies, in this case motion picture studios, using the DMCA to control a market. The case looks at the DMCA and is one that argues about its constitutionality. The court uses precedents like Corley in its ruling in favor of the DMCA, saying the law is constitutional and it is within the powers of Congress. This case is one of the earlier cases regarding DMCA and control, and since it deals directly with the DMCA, it is an example that goes against my thesis. The court, here, clearly decides a case using the DMCA and does not find issues with it as an act. It allows the studios to maintain the control over DVDs that they want. The DMCA is used to help and monopoly.

Although Digital Millenium Copyright Act (DMCA) is a part of copyright law, technology companies and content owners use the law to attempt to monopolize the market and control the aftermarkets. This effectively creates a new business model out of exploiting the DMCA that has met little challenge in the courts. Progress is the spirit of copyright law, and this is something that finds itself severly limited under the DMCA. This project provides not only the law itself, but also court cases in which the DMCA is challenged as well as articles that desmonstrate how various companies exploit the DMCA because it is beneficial to them to have control of their products and the aftermarket, as is shown in the article about Apple and RealNetworks. The DMCA has changed what copyright law is used for, and denies the pricnciples that copyright was founded on. It is a new way of doing business that benefits the technology companies instead of public interets.

This article looks at how the DMCA provides a super-monopoly that is a viable method of doing business and bypasses the inconveniences of copyright and patents by protecting things that were once allowed. The article analyzes current court cases and shows how they have yet to rule out the so-called super-monopoly that the DMCA allows. The first section of the article explains the DMCA and what it does. It also explains how companies use the first part of section 1201 (1201 (a)) as a means of monopolizing their market. The first case that the paper examines is Lexmark v. Static Control. Lexmark makes their money through the after market sales of their toner cartridges and replacement parts. However, there are many companies that sell toner cartridges that are Lexmark compatible. Lexmark created a Printer Engine Program to combat this and make their cartridges the only ones that work with their printers. This copyrighted software works with a chip in the toner cartridge and prevents the printer from working with any other cartridge or with an empty cartridge. Static Control is a company that sold chips to companies that refurbished Lexmark Cartridges. These chips allowed the cartridges to be accepted by Lexmark’s software control program. The courts first ruled that Static Control violated the DMCA. The appeal overturned this decision because of failures with Lexmark’s software and the fact that they were not encrypted or necessarily copyrightable. The programs that Lexmark used only protected one type of access, and left other methods open. The second legal example is The Chamberlain Group vs. Skylink. Chamberlain wanted to control the garage door remote control market and sued Skylink over a remote control that opened doors with a digital security feature. The court ruled in favor of Skylink because the unauthorized copying that Chamberlain sued under did not involve copyright infringement, so it was not covered by the DMCA. The next section of the paper outlines how you can effectively create a super-monopoly. The first strategy is to copyright the software for the product and its replacement pieces. A part of this software has to contain a secret code that unlocks the main software. The second tip is to write long and inefficient programs. These programs are more likely to be copyrightable because they have original expression. They are also harder to reverse engineer and cannot be used because they are the most efficient. The third suggestion is to include non-functional code in the program so there is evidence if another company directly copies your program. The fourth way is to encrypt copyright programs. This prevents people from accessing the program itself. Fifth is not making the “key” dependent on the entire program in the parts. Code inputs should be stored elsewhere on the chip. The sixth and seventh methods are avoid licensing that allows continued use of copyright programs and sell the main unit and main program separately. The article concludes that the DMCA allows companies to monopolize their aftermarket.
This article is a good example of how the DMCA can be manipulated in a very effective manner. The DMCA is a tool that creates a new business model of monopolization, and this article is evidence of that. The court cases show how the courts have not ruled on the DMCA itself, they have only applied it to situations. The paper outlines how to avoid loopholes and make your business plan sound under the DMCA in order to create a monopoly. The DMCA has clearly created a new way of doing and controlling business that is contrary to the original intentions of copyright law.

This article examines the failures of the DMCA triennial rulemaking at protecting consumers from exploitation.  The evaluation of exemptions to the DMCA every three years is the acts “fail safe” measure to prevent consumers’ rights that copyright law gives them.  However, the article argues that this fails and congress needs to rethink the DMCA.  The exemptions to the DMCA can only be on reasons why someone can circumvent the technology, not on methods of circumvention.  These exemptions are also extremely limited in their scope, thus the general public will rarely fall under the exemptions.  It is also extremely hard for the average consumer to lobby for an exemption to the DMCA.  It is a long process that involves extensive legal work and heavy burdens outlined by the Copyright Office.  The article continues to outline the extensive process of participating in the 2006 exemption process.  This serves to demonstrate that this is not an easy task for a general member of the public to undertake.  One generally needs extensive legal and technical expertise. The Copyright Office is also very strict about their requirements in regards to evidence, further complicating the exemption process and alienating the average consumer.  The matter gets worse because of the Copyright Office’s refusal to exempt anything if unprotected formats still exist.  The Copyright Office also does not care about the effects of DRM on legal activities.  They regard things as “mere” inconveniences.  Consumer activities are also not important to the Copyright Office.  The Copyright Office also assumes that the copyright holders would withhold technology from the free market if DRM did not exist.  All of this demonstrates how the Copyright Office places consumers at the bottom of the food chain.  The next section of the article looks at the effects of the DMCA on fair use.  The article argues that fair use is there not only for the consumers, but also as a way for the courts to regulate copyright law in terms of new technology.  The DMCA blocks the court from looking at fair use and prevents people from acting in ways that they legally could under the 1976 Copyright Act.  In an age of new technology, it was once the responsibility of the courts to assess fair uses of new technology and media, but now this is ruled by the DMCA.  The Copyright office is essentially making decisions that Congress gave the courts the power to decide.   The article accuses the Copyright Office of being backward looking as opposed to forward looking, as copyright intended.  The last section of the article gives suggestions of what should be done in order to remedy these problems with the DMCA.
    This article is an example of how the DMCA actively denies consumers rights afforded to them by copyright.  The DMCA does not consider the consumer like copyright law does.  It looks past them as “mere inconveniences” and favors larger companies and content holders.  This shows how the DMCA works more for larger interest and denies the founding principles of progress that are embedded in copyright law.  The DMCA has changed the face and nature of copyright and has the potential to go further.   

This article argues that the anti-circumvention laws of the DMCA are being used to stifle competition and not in the spirit of copyright law in the traditional sense.   EFF claims that the DMCA puts scientific research, freedom of expression, fair use, competition and innovation and computer intrusion laws into jeopardy.  The next part of the article explains how the DMCA was enacted and what congress intended the laws to be for and protect.  The third section of the paper is evidence for the claim that the DMCA hampers research.  This section looks both and legal matters, speeches and how the DMCA works with the rootkit technology put on CDs.  The section also gives many examples of how research has been threatened and stopped because of the DMCA.  There are also examples of censorship and publications that were limited and pulled from publication because the DMCA, thus showing how it prevents free speech.  The fourth section of the paper gives examples of how the DMCA violates fair use, a fundamental principle of copyright law.  This section gives examples of DVD back-up software that is banned.  It also talks about copy protected CDs, ebooks, time shifting and manipulating fonts.  All of these examples show how actions that are allowed under the fair use doctrine can no longer exist under the DMCA.  The fifth section is about how the DMCA works against innovation and competition.  The DMCA stops progress and competition instead of working for it, as copyright law was designed to do.  This section gives examples of how the DMCA gets exploited by companies in order to control their market and the after markets.  This section gives examples of how the DMCA is used to control cell phone networks, music downloading, photography software compatibility and printer toner cartridges.  The DMCA is also used by videogame companies to disallow compatibility and prevent their games from being played on other platforms.  The sixth section of the paper deals with computer intrusion laws and how they are “displaced” by the DMCA.  This section uses a court case to show that even though this exists, this is the one thing that the courts are beginning to regulate.  The paper concludes that the DMCA takes copyright too far by disallow standard practices that are legal under regular copyright law.  The threat that the DMCA will be stretched farther with time also exists.  
I will use this paper for the examples it gives of how the DMCA functions against the intentions behind copyright law.  I will also use it as a starting point and further research some of the examples it provides.  The paper gives a good, clear analysis of the major issues of the DMCA and shows how it is being used as a means of exploitation rather than as copyright law.  The DMCA violates the principles that copyright was founded on.

    This article is a guide to how DRM controls the market place.  The article shows how music services that consumers pay for give their customers less than they promise because of copy protection and the DMCA.  The guide explains the restrictions of various music services and how the services cover these up through marketing.  The first service is iTunes.  Even though you purchase the music through Apple, iTunes can change the DRM whenever they want, thus they can change and limit what you can do with music that you own.  Apple also limits first sale, backing up, remixing, player compatibility and format conversion.  Even though you own the song, the DMCA allows Apple to control the music that you purchase and restrict your uses of it.  
Microsoft’s “Play for Sure” claims that Windows Media Player’s DRM allows you to choose your music and devices.  However, there are still severe restrictions because of DRM.  There are very few players that are compatible to play with the WMA DRM format.  If you want to use a player that does not support WMA content, you have to repurchase your library of music.  Even though Microsoft markets their DRM as user friendly and non-restrictive, it is more to make DRM a norm than the truth of the matter.
RealNetworks markets their services as compatible with any MP3 playing device.  This in fact is not true, because music purchased through RealNetworks only plays on devices that support their DRM or the WMA format, thus limiting the players that the songs can be played on and restricting use of their music. RealNetworks, like iTunes, limits the number of times you can burn a song as well as the number of backup copies that can be made.  They reserve the right to modify their DRM and what it controls.  RealNetworks also does not allow reselling or remixing songs purchased through them.
Napster 2.0 advertises itself as a service that allows you to have all the music you want in anyway that you want it.  It offers three services and all charge more for uses that were once free.  Napster Unlimited allows you access to all the music you want until you stop paying the monthly fee.  You also have to pay if you want to put it on a device, which can only be one that supports WMA.  It also costs money to burn it.  The DRM restrictions can change, you can only backup a limited amount of times and burning is restricted.
    I will use this article as an example of how companies use DRM to exploit the music market place.  Each service limits the music they sell so that it can only be used with products that they license.  They also limit what a person can do with the music, even things that are traditionally acceptable under copyright law such as making back up copies and the first sale doctrine.  This article shows how the DMCA changes traditional copyright laws and allows companies to exploit their customers.

This is Title 17. Copyrights, Chapter 12. Copyright Protection and Management systems. Section 1201 outlines the circumvention of copyright protection systems. It focuses on what violates the circumvention part of the act. This part of the DMCA states that you cannot circumvent a technological measure that exists to control access to copyrighted work that is protected by the DMCA. This part of the DMCA also makes products that circumvent copyright protection illegal. It states that you cannot make, trade or sell programs that are primarily designed to circumvent copyright protection, such as programs that break encoding and that do not have any commercially significant use outside of circumventing copyright protection technology. The section then goes on to define what the word circumvention means in this context. One cannot create something that disarms any protection on the copyrighted work without permission of the authors. Examples such as decrypting and descrambling are given. The section also states that this does not violate and rights that come with copyright including fair use and free speech. The chapter also provides exemptions for nonprofit libraries, archives and educational institutions to the first provision of the chapter with limitations. The chapter then goes on to look at reverse engineering and encryption research. These articles outline the legalities of circumventing copyright protection to analyze its flaws among other things. There are allowances for good faith testing and research in some areas, although they are limited. The end of the document gives a history, notes and definitions of subjects that are part of the act. It also cites relevant cases that have challenged the DMCA, its stipulations and its legalities.
This is the section of the DMCA that many hardware manufacturers are using to create software that is copyright protected and is the only software that the hardware can be used with. This is the law that allows small monopolies on the market to exist until something new is invented or the monopoly is challenged by law. This section of the DMCA allows for copyright protected material to be impermeable to circumvention. This is an important part of the DMCA and is one that draws a lot of attention both in and out of the legal system. It has, in some ways, created a new business model and a new way for companies to enter another market by exploiting the copyright protection and anti-circumvention clauses. It allows companies like The Chamberlain Group to try and block the market and control it by claiming copyright infringement. It also allows hardware companies to enter the software market because they create hardware that can only be used on their copyright protected software platforms. Although a lot of this has not held up in court, when challenged, it has become a popular way of doing business and entering into a new market. This part of the DMCA is the backbone of my paper. I will analyze its words to show how it allows for companies to attempt to monopolize markets and control aftermarkets. I will also suggess that it needs to be ammended because although the courts have limited the attempts of some companies to control their market and aftermarkets, the DMCA is still open to exploitation because the court rulings do not create any legal precedents that go against the DMCA itself.

This case is the appeal of the suit that The Chamberlain Group, INC. brought against Skylink Technologies, INC over garage door remote controls. Chamberlain claims that Skylink Technologies violated the DMCA because they manufactured a remote that can open garaged doors made by Chamberlain that use a “rolling-code” technology. Chamberlain filed suit against Skylink for both copyright and patent infringement, stating that the Skylink device is a “circumvention device” that goes around a code and thus violates the Circumvention of Copyright Protected System section of the DMCA. Chamberlain argues that the DMCA states: “No person shall circumvent a technological measure that effectively controls access to a work protected under this title.” The rolling code feature in the Chamberlain garage door openers is a computer program that changes the code that allows a person to open the garage door. The Skylink device does not use this code; rather it circumvents it and allows the door to be opened. This rolling code is copyrighted and Chamberlain asserts that the Skylink garage door opener circumvents this code, and therefore violates the anti-circumvention clauses of the DMCA. Skylink’s model 39 garage door opener simulates the rolling code used in Chamberlain’s models. However, the court did not agree with Chamberlain and ruled in favor of Skylink. The court decided that Chamberlain could not prove that Skylink developed the model 39 in order to circumvent the rolling code technology and that the model has little commercial value outside of this purpose. The model 39 can work with other garage door units, not only Chamberlains garage doors with rolling code security. The court concludes that the DMCA does not provide new property rights. The court claims that Chamberlain did not show how access provided by the model 39 transmitter constitutes infringement.
This case deals with aftermarkets and monopolies. Universal remote controls for garage doors are often purchased as replacements or backups to the devices included with the garage door on initial purchase. The aftermarket for these devices then becomes a lucrative market for those who provide replacement garage door openers. Skylink makes universal remotes that work with many different brands and models of garage doors. Chamberlain, a major garage door manufacturer sells replacement remotes for its products. However, Skylink cuts into Chamberlain’s aftermarket profits with its universal remotes. The DMCA protects circumvention of any copyrighted work, such as the rolling code in Chamberlain’s claim. However, this case is more than just a copyright infringement case, because it has larger significance in the marketplace. If Chamberlain had been able to win their case and make the model 39 illegal because of DMCA infringement, it would then give them more control of the aftermarket by taking away the competition of universal remotes. This case is an example of how companies are turning to copyright and the DMCA in order to give themselves control of a market. Copyright is being used to help give companies a monopoly in the area of the market that they want to control. I will use this case as an example of a company trying to exploit the DMCA in order to control a market.  It shows how copyright law is exploited by a manufacturer and then put into place by the courts.  The major point is that the courts do not find anything wrong in the DMCA, just a lack support by the plaintiff.  This shows that the DMCA is still open for exploitation, and this trend will continue.

This article explains the DMCA as well as looks at current challenges to the act as well as relevant court cases. The first section of the article outlines the history of the DMCA and how it came to be. The DMCA added six new sections and two chapters to the 1976 Copyright Act. The anti-circumvention clauses prevent people from copying copyright protected works and from trading methods to circumvent copyright protection. These provisions are more for the content industries than the ISPs. This first section prohibits breaking any kind of encryption or copy-protection the second and third sections prohibit the trafficking of any methods or devices that break or circumvent copy-protection that controls access or targets use of the copyrighted material. The article then goes on to talk about the developments of the anti-circumvention laws. The author states that courts have not gone beyond protecting the content industry’s products beyond their original scope. This prevents durable goods markets from monopolizing their industry. The author gives example of the Lexmark v. Static Control Components (SCC) case. This is a case where Lexmark tried to prevent the sale of third party refurbished toner cartridges that could be used with Lexmark printers. The chips that SCC developed allow the third party cartridges to interact with Lexmark’s copyrighted software. The court ruled against Lexmark and established important DMCA liability precedents. The copyrighted work must first of all qualify as protectable and there has to be a security device that protects copying without permission. The author then moves to the constitutionality of the DMCA, again citing relevant court cases that have challenged the act. The third part of the article then addresses the safe harbor portions of the DMCA, which were put in place for the ISPs. This section begins with a background and description of the safe harbor provisions. The next section of the article provides information about notice requirements and provides court examples. The Hendrickson v. Amazon.com case is used to show the responsibilities of each side in using the safe harbor rules and infringement notices. The next section looks at threshold eligibility and again uses a court case to help define this part of the DMCA. The last two sections of the article look at how safe harbor is not the only refuge that ISPs have when it comes to copyright infringement as well as cease-and-desist letters and how they work with ISPs and the DMCA.
This article is important in defining the anti-circumvention and safe harbor parts of the DMCA. It helps provide an understanding to laws that are very complicated in their wording. It also shows legal challenges to the DMCA. The Lexmark case is an example of a hardware company using software to try and monopolize its segment of the industry. Lexmark would profit greatly if its cartridges were the only ones that could be used with its printers. The court, however, stopped Lexmark by ruling that its program was not covered under the DMCA because it left other avenues to accessing its software open. A company tried to use the DMCA as a way to profit in an aftermarket, using copyright law to profit rather than the reasons the law was created, and was stopped by the courts.  I will use this article not only as background information for my paper as well as an example of how the courts have to regulate companies so they do not exploit the DMCA and copyright in order to monopolize a market.

This article argues that the DMCA instead of serving public interest and content holders. The author claims the DMCA exploits consumers and their legal purchases and he offers alternatives to the act. The author questions if the DMCA will really help create a “global digital on-line marketplace for copyrighted works” or if it just a slow response by Congress to the digital age. He also asks if the new marketplace will be beneficial to the consumer or to the companies who try to take advantage of the DMCA. The author looks at archival use and the first sale doctrines. He argues that the DMCA renders these provisions of the Copyright Act of 1976 moot. One cannot make archival copies of a DVD because to break the encryption violates the DMCA. The second part of the paper analyzes the 2001 report done by the Copyright Office on the DMCA. Most people interviewed for the report found that the DMCA limits the concept of the first sale doctrine that has been a part of copyright since 1909. The problems come with encryption and the regional coding of DVDs. The argument is that the DVD encryption that will only allow DVDs to play on licensed players limits the first sale doctrine and was a reason that people would not buy DVDs. This is thus, a way in which consumers are exploited and forced to buy licensed DVD players. The author argues that the commercial rights are restricted not by market forces that are natural, rather by the manufacturers. The report issued by the Copyright Office calls the arguments against the DMCA “without merit.” The DMCA disallows any secondary markets. The paper then turns to archival copying and critiques how the DMCA prevents this legal right under federal law. The next section of the article is case studies that further examine the claims the author makes against the DMCA. The first one is about the first sale doctrine. The example is when Linux users cracked the CSS encoding on DVDs so they could play on a Linux platform, which was followed by a lawsuit led by Universal. This case set the precedent that non-infringing uses for breaking encryption was not a defense against the DMCA. The next case is about video game archiving. Here, one example is given of a suit where the copier for archival purposes lost and one where archiving won. The difference was the proof of other non-infringing commercial uses of the copying mechanism. The third example is another court case that violated the DMCA in creating a technology to circumvent copy protection. The third example in this section deals with criminal charges for breaking encoding on an Internet book. The last case study deals with taping TV shows. This section questions the future of TV with the possibility of copy-protecting HDTV broadcasts. These examples show that copyright is no longer for the good of the people, and rather helps create monopolies under the DMCA. The article also claims that the case studies show the fallacies in the Copyright Office’s report and that things like the first sale doctrine and archival copying are in jeopardy because of the DMCA. The last section of the paper proposes the author’s possible alternatives to the act.
This article demonstrates how the DMCA creates a new business model through copyright. Copyright does not function as it once did; rather, the new provisions of the DMCA make copyright law an avenue to monopoly. This article proves that the nature of copyright has changed and the things that are no longer allowed under the DMCA give a virtual monopoly to the content owners and manufacturers. This is the beginning of companies turning to copyright to corner or break into a new market.  I will use this paper as evidence for how the nature of copyright has changed and it is being used as a means to monopolize a market rather for the good of the people, as it was intended. 

Robert Faulkner takes an ethnographic approach to how a composer makes it in the Hollywood film industry. He establishes the role of the composer as a freelancer in the industry and looks at how a person breaks into the industry and possibly becomes one of the elite few at the top. There is a lot of competition and it is important to find jobs that expand connections and visibility as well as experience. In the first chapter, Faulkner discusses the inequalities inherent in the film industry and how important productivity, and sustained productivity, is to success. He separates the industry into the center and periphery and describes the process of moving from the periphery into the center. The composer’s role is laid out step by step. Each film and score is a different business and another credit. In Chapter two, Faulkner concentrates on how to break into the industry and the importance of networking and connections. Each score that is composed can make or break a composer and keeping continuous work is another difficult aspect of the industry. Faulkner uses the example of breaking into the industry through Universal TV. He places a lot of emphasis on referrals. Faulkner also details the process of sponsorship and how that aids a composer in coming up in the industry. Sponsorship is risky and tricky, but it is necessary in order to help newcomers climb the ladder. Chapter three looks at the next rung in the climb to scoring fame. In this chapter, Faulkner highlights some of the contradictory things and expectations a composer deals with as he starts to raise his status in the industry. The bulk of the chapter reiterates the importance of social networking and connections as well as the perils and complications of getting typecast and how to avoid it. Chapter four is about the commercial composer and how the commercial and marketing aspects of a film shape and limit and composers work. The exact role of a film composer to a film must be learned and changes for each project. The last part of the chapter deals with the tension between the composer and the commercial viability of the score. In the next three chapters, Faulkner examines the issues surrounding what he calls the middle area as well as issues of career mobility. Faulkner places a lot of emphasis on ties and alliances. Faulkner then turns to the concept of “tall orders.” This section of the book deals with problems that arise within collaborations, the crew and interpersonal relationships and how a composer has to work with and deal with these problems. In the eighth chapter, Faulkner moves back to the centrality model he set up earlier and again examines the importance of having a lot of work and social networking. Faulkner, here, takes a look at some of the major composers who are at the top of the industry. He also looks at how budgets are allocated to the film music and how that subsequently affects the composer and who gets hired for the jobs. Faulkner follows this argument with a chapter on how being at the top then shapes your career and the issues of selectivity. The final chapter is a look at the differences between the major players and the people trying to climb the ladder in. Faulkner begins be restating his points and his arguments about the importance of productivity and continuity and the steps it takes to reach the top of the industry. He shows how the process of a composer is similar to other positions. The book is really great in the sense that because it is an ethnography there were a lot of quotations and factual stories to highlight the points that Faulkner is making. The amount of first hand accounts really allows the reader to get a good understanding of the industry and the process of coming up in it.

PART 1

This book is a detailed look at NAFTA and the cultural industries. The book opens with an explanation of trade agreements like NAFTA and GATT as well as FTA and Cultural Industries. The book questions if culture should be subject to free trade. In the second chapter, John Sinclair examines cultural industries and the theory of cultural dominance and imperialism. Sinclair writes about the difference of cultural products from commodities because their appeal is their novelty and they are not used up when they are consumed. Sinclair questions if national culture should be protected by trade laws and to what extent. In the third chapter, Colin Haskins, Adam Finn and Stuart McFadyen write about TV and film in relation to Canada’s response to US dominance in international trade. This chapter is an examination of different country’s responses to US dominance with an economic focus. They question trade issues asking if they are merely goods, if the US is dumping and why the US dominates in the trade of cultural industries. The last section of the chapter is about Canadian policy and an assessment of their laws in relation to cultural industries. The next chapter in this part of the book, by Henry Newcomb, questions what happens to a culture when it adopts another culture’s methods of producing, understanding and representing their culture. Newcomb says that only cultural industries and not the culture itself can be protected by trade agreements. He looks at the issues and problems in defining cultural industries and how to protect them. The next chapter also concentrates on TV and more specifically the soap opera within the context of global media. Robert C. Allen begins with a brief history of the soap opera. Allen chooses to focus on the Mexican telenovela and compare it to US soap operas. In his comparison of the telenovela and the soap opera, Allen argues that the telenovela is a stronger product in the international market than the US soap opera.

 

 PART 2
The next section of the book focuses on Mexico and cultural trade and identity.  The first chapter, by Carlos Monsivias, is about Mexican nationalism and how the US cultural industries and presence in Mexico affects the sense of nationalism in the country.  He claims that the cultural identity needs to stem from adaptability of US culture into the Mexican system because the power of the US cannot be denied.  Following this chapter, Nestor Garcia Canclini also writes about the Mexican identity.  Canclini says that there will be multicultural and trans-cultural changes and influence within Mexico and its social and cultural policies.  Jose Carlos Lozano, in his chapter, focuses on the reception of US cultural industries on the Mexican border and their effects on Mexican culture.  This chapter focuses on the people’s response to the opening of Mexico under NAFTA and the effects of US culture on people close to the border.  He shows that there is nationalism and that people often prefer the products of their country.  The last chapter in this section of the book is by Eduardo Barrera and again deals with issues surrounding NAFTA, cultural industries and the US-Mexico border.  He calls the border a laboratory for post modernity.  Barrera does a case study on TV in a barrio to look at the effect of the transmission of cultural industries across the border with results that support Lozano’s arguments.  The next section of the book focuses on Quebec and issues of trade and national identity. The first chapter shows how cultural industries are important to the survival of cultural identity.  Claude Martin writes about how Quebec’s cultural industries are fundamental to the nation, despite their lack of strength when compared to Hollywood.  The next chapter, by Roger De La Garde, is a look at TV in Montreal and the effects of free trade on the industry and community.  This chapter is similar to those on Mexican border studies, in that it demonstrates a demand and a loyalty to local programming as opposed to English or dubbed-US shows.  The following chapter examines best selling books as a representation of Quebec’s support of their authors.  Jacques Lemieux and Denis Saint-Jacques claim that in the ten years of the study, Quebecois authors sold more books than US authors.  The final chapter on Quebec focuses on the music industry.  Line Grenier again demonstrates that the people of Quebec prefer their own music to the US imports.  The final part of the book focuses on copyright and contracts.  The first chapter focuses on issues surrounding the popular music industry in relation to NAFTA.  It explains how music is always changing copyright law and speculates how NAFTA will change to cover new laws and technologies.  The final chapter, by Keith Acheson and Christopher J. Maule, is a broader look at copyright, NAFTA and cultural industries.  They argue that cultural products are becoming more and more prevalent in daily life and they have an effect on the quality of life.  They demonstrate what copyright does and how it interacts with contracts to function in the cultural industries.  This book was very interesting and provided a lot of points of view on NAFTA and how it works in terms of trading cultural commodities.  The authors’ articles were all different but each section came together to demonstrate common themes and sentiments. 

 

Smith, Jeff (Jeffrey Paul). Sounds of commerce : marketing popular film music / Jeff Smith. [0231108621 (cloth : alk. paper)] New York : Columbia University Press, c1998.
Call#: Van Pelt Library ML2075 .S65 1998

Jeff Smith's The Sounds of Commerce: Marketing Popular Film Music details the interaction between the film and music industries in relation to a popular film score and soundtrack. The book opens with a musical theory analysis of the classical and popular film scores. Smith details the history of the pop score and the necessity that it is composed or compiled from popular music genres and styles as well as it being highly accessible to the audience. Smith argues that a pop score can function in the same dramatic manner as a classical score highlighting themes and character traits as well as serving the plot, despite its difference in sound and structure. Smith follows his musical analysis with a more business-oriented chapter detailing the interactions between the film and music industries. He continues with a closer look at cross promotion and beginning in the 1950s, how the emphasis on jazz begins to shift more to pop music. Smith follows his business analysis with case studies on the popular scores of three films Breakfast at Tiffany.s, Goldfinger and The Good, The Bad, and The Ugly. First, Smith looks at Henry Mancini. work on Breakfast at Tiffany's. In this section he shows how the pop score functions within the larger signification in the film as well as how Mancini took the pop score and used it to make a viable soundtrack album. Smith cites Mancini.s background in Jazz as an important influence on how he was able to adapt the score into commercial success through the monothematic score. Next, Smith focuses on John Barry.s Goldfinger. Here, he shows again Jazz.s important influence on Barry as well as the importance of the musical theme in selling and promoting film. Smith demonstrates how the repeated use of a theme allows the audience to draw associations if they know the reference, while maintaining a function beyond that so the theme functions effectively for those who are unaware of its history. Finally, Smith writes about Ennio Morricone and The Good, The Bad, and The Ugly. This chapter focuses on the interpolated song, which Smith says drives the narrative and sells itself as a commercial product. Morricone developed a style based on his training and Italian roots which, unintentionally, made his scores extremely popular. Smith also examines the effects of Scopitone and Cinebox on film scores. After the case studies, Smith shifts his focus back to the pop score as a whole first focusing on the 1960s and the compilation score. The final chapter of Smith's book examines theme songs and soundtracks post 1975. This chapter looks at business models, focusing on the music industry and its conglomerates, as well as new functions in the role of film scores and soundtracks such as the position and role of the music supervisor. This chapter shows the development of the studios and music labels and their continuing work together. Smith.s book provides a helpful and interesting analysis of the synergy of the film and music industries. His case studies are interesting choices that highlight many different aspects and functions of the popular film score as we know it today.

    This article deals with peer-to-peer (P2P) sharing and the film industry.  The ninth circuit court ruled in the case of MGM v. Grokster.  The court ruled that some file sharing Internet services are not liable for copyright infringement committed by their users.  This is a big blow to both the music and film industries.  David Bell and Jeffery Sullivan acknowledge this decision as “legally correct,” but they are also aware of its implications for the entertainment industries.  The sellers of copying equipment are not liable for the use of the equipment in copyright infringement, as decided by the Supreme Court in Sony v. Universal.  Since Grokster and Streamcast were found to have substantially legitimate uses, they fell under the precedent set by the Sony case..  Next, MGM tried to prove vicarious copyright infringement through direct infringement by a primary party, direct financial benefit by the defendants and the ability of the defendants to supervise the users.  This was not proven because the relationship between software provider and user is decentralized and the software provider has no obligation to monitor the actions of its users.  This ruling was appealed. The appeal questions if the defendants are responsible for secondary copyright liability because of the large amount of infringement.  Here, Bell and Sullivan explain the standards for secondary liability.   They argue that the court was to narrow in its definitions for knowledge of infringement and contributions to primary infringement.  Next the article deals with pervious rulings on the case and the necessity of proving legitimate uses if one is to use the Sony verdict in its favor.  The article deals with if and how the Supreme Court should address and respond to this case. The next part of the article explains existing legislation.  It states that copyright holders cannot recover loses from secondary copyright infringement.  It also looks at cases of the record industry against Internet Service Providers, noting the protection of software companies and ISPs.   The article looks at the Induce act, which was brought up fro review recently and would make software companies liable for encouraging copyright infringement.  The article shows the pros and cons of this piece of legislation.  Other pieces of legislation brought up in the article are the Piracy Deterrence and Education Act, the Protecting Intellectual Rights Against Theft and Expropriation Act and the Family Entertainment and Copyright Act.  The article concludes with an explanation of the possible effects of the Supreme Court’s decision on the case.
    The article provides a detailed explanation and example of the copyright issues brought up by P2P technology.  There is a good analysis of the case as well as explanations and references to copyright law and how these issues are being dealt with outside of this specific instance.  The language is a little legal at times, but the article is very comprehensive and informative. 

Charlotte Greenspan writes about the adaptability of Irving Berlin and his music.  Berlin paid attention not only to different ethnicities in his songs, but also to the entertainment trends and technological developments of time.  He also wrote patriotic songs during the First World War.  Greenspan notes that although Berlin was always conscious of the era, there is also a timeless quality to many of his songs.  As sound emerged in film Berlin left the stage and moved to California to write songs for films, one of his first was The Jazz Singer.  After not having much success in Hollywood, Berlin left to go back to the stage, only to return in 1935.  Greenspan writes that Berlin signed a contract with RKO that allowed him more creative freedom than any of the studios he had worked with earlier in his career as well as a good share of the profits.  Greenspan looks at the film Top Hat for which Berlin did the music.  She describes each of the five songs as “unusual in one way or another.”  She also explains how the music functions in early sound films and addresses the issue of why the characters are singing?  Greenspan claims that in this film Berlin wrote songs that interesting so they could be played repeatedly and so they could be recognizable.  This was Berlin’s method of plugging a song in a film.  Greenspan also notes how Berlin lengthened songs and adapted form to fit the film so a piece was not repeated over and over.  She examines this more with an in-depth analysis of Berlin’s song “Cheek to Cheek” which is nine minutes long in the film Top Hat.
    Greenspan then turns to the compiled score for Alexander’s Ragtime Band.  This film is significant because it details the development of the popular song and is also a biography of Berlin, in a sense.  The film’s score only had three pieces composed for it, the rest of the twenty-three pieces were compiled from previous works.  Greenspan uses this film to show how popular songs were placed in film at that time and also shows its significance in the history of film and Berlin’s career. 
    Greenspan concludes her article with an explanation of how Berlin went to Hollywood and adapted himself for scoring films.  He not only developed his style for film music but put songs in films in a way that was original and innovative.
    This article gives an interesting look at the early film score and how the popular song fit into it.  Irving Berlin is an Icon and he demonstrates the connection between the music and film worlds.  He shows how the two adapt and fuse together.

Arnold’s article deals with the popular film song’s development in India and its relation to mass entertainment and non-Indian elements. The article examines film song production and distribution in the Hindi film industry from the 1930s through the 1950s arguing for the artistry and fundamentally Indian nature of these songs. With the first talkies, Arnold argues, the producers realized the importance, both culturally and commercially, of song within film. Song was integrated into films and used to communicate messages to the audiences. The early film music were derived from stage and folk songs and maintained a close link with the culture. As film song developed in India, the composers began to draw on musical influences from around the country, not only folk tradition. The music reworked tradition Indian musical elements such as rhythm and scales to create a new meaning within a film. This allowed the directors to create a sense of belonging for the story and “Indian musical identity” for the audience. Arnold cites the significance of this in the creation of a national identity prior to India’s independence from England.
Arnold, next, examines the audience’s response to early Indian film music and its meaning. She claims that the music was successful by evidence of record sales, radio song requests and articles in film magazines. She then explains the connection between the film and the music, and the importance of creating music that is meaningful within the film but simple enough that the audience can relate to it. Arnold continues with a look at the way music was made and connected to the audience post-1960. She claims that India’s film music is both a part of mass consumption and mass appeal. This is evident not only through the sales but what Arnold calls “the active participation in Hindi film song performance.” She further explains the great appeal of the Hindi film song to the people.
Arnold concludes with a look at the connections and importance of the relationships between the film industry, the television media and the government-run radio to the film song.
This article provides an interesting look into the function of film music in the Hindi world. It allows one to compare the work and the development of the film song in India to Hollywood.

An annotated bibliography relating different aspects of the Film and Music Industries and their intersection

Peter McInerney’s article “Apocalypse Then: Hollywood Looks Back at Vietnam” looks at films concerning the Vietnam War and the different representations they portray of the war. He focuses on eight films of the post-Vietnam era, including Heroes, The Boys in Company C, Rolling Thunder, Coming Home, Who’ll Stop the Rain, Go Tell the Spartans, Deer Hunter and Apocalypse Now. McInerney claims that these films constitute a genre of Vietnam War films that provide different representations and insights into the war. He supports this claim by calling attention to five films that draw on the tradition of Vietnam War films. Those five films are: Big Wednesday, Hair, Tracks, Saint Jack and More American Graffiti. McInerney the poses the following questions: why after the war has ended is Hollywood still producing Vietnam films? How are the films made as to now alienate audiences or further the social divide? What do the films tell about the war and American society?
McInerney writes about the genre of Vietnam War film and its commercial aspects as well as political ties and messages. He traces the differences between films like The Green Berets that came out during the war with The Boys of Company C, a post-war film – the changes in the Vietnam War film. He also discusses the difference between combat films such as Apocalypse Now and veteran’s stories such as Who’ll Stop the Rain. The article makes an analysis of these films and their different approaches and representations of Vietnam, the war and the veteran. It looks at their shared characteristics, which unite them as a genre, as well as the major differences in their approach of the subject. McInerney claims that a uniting theme in all the movies he studies is the notion that Vietnam was a terrible disaster for America and its people.
McInerney spends the last part of his article analyzing and comparing Deer Hunter and Apocalypse Now. He compares Apocalypse Now to its basis Deer Hunter and shows the similarities and differences between the two films. He looks at how Coppola puts himself into Apocalypse Now, saying the film fights the war, and McInerney makes the claim that Coppola is Willard and a Kurtz at the same time. He says that the war shows “what the dark heart of Vietnam was really like.”
The article’s analysis of Apocalypse Now gives both important insights into the film in relation to other Vietnam War films at the time as well as helps analyze and explain the films basis, purpose and function. The article also helps provide an understanding of the film climate and the other films of the same genre and era of Apocalypse Now, thus providing important historical contextualization.

“The Power of Adaptation in Apocalypse Now” by Marsha Kinder addresses the way in which Francis Ford Coppola takes a work and while adapting it, he expands it, reworks it and makes it his own.  Kinder begins with a brief history of Coppola’s use of adaptation, calling specific attention to The Godfather, as well as his major Hollywood successes.  Kinder claims that although in adapting a story of the Vietnam War, Coppola loses some of the historical accuracy of the events, but his major success comes in creating a war that is both an “internal and external nightmare.”  She says that the novella Heart of Darkness is basis for the internal nature of the war and Vietnam itself is the external exploration.  
    Kinder continues to analyze the film, both scenes and characters, in terms of the message of the movie and Coppola himself.  She states that some things, specifically Coppola’s identification with Kurtz, become too personal and thus weaken their effect.    However, Kinder’s analysis of the opening scene and the way in which it completely blurs the lines between the internal and external illustrate Coppola’s ability to take something of his own and make it fit within the major goals and messages of his film.  Coppola’s film takes the central meaning of Conrad’s book and holds true to it despite major changes in details and events.  
    Kinder also looks closely at Kurtz and the portrayal of his character within the film in relation to Coppola.  She analyzes choices Coppola makes in terms of character development and the changes made to the character from Heart of Darkness.  She also looks at Kurtz in terms of Vietnam itself, and calls him an unrealistic character in terms of the war.  
    Kinder concludes by saying that despite the flaws in the film, Coppola makes a masterful adaptation.  He draws on many different resources and is able to recreate Conrad’s novella as his own without losing the central message of the book.  
    The article provides very interesting commentary on the making of Apocalypse Now and the choices that Coppola makes for his film.  It provides insight into the workings of the director and a helpful analysis of the contribution of the original text and screenplay to the final version of the film.  The close analysis of the opening scene and Kurtz provide more specific looks and critiques of Coppola’s work as well as explanations and reasoning for his choices.  This is a great article for understanding how Apocalypse Now came to be.  

Peter C. Rollins’ article “The Vietnam War: Perceptions Through Literature, Film and Television” discusses how Vietnam is represented in different media over time. The article opens with a concise history of Vietnam, giving facts and numbers to show the severity of the catastrophe that Vietnam was. It also addresses the social impact of the war on Americans. He highlights the protests against the war at the time and the general discomfort of American people.
Rollins first addresses the Vietnam War as it appears within literature. He opens by drawing attention to how hard it is to write about Vietnam because of the vast nature of the war as well as the short-lived experiences many soldiers had there. It is hard to draw real characters and plots from the war. The autobiographical novels about the war that Rollins writes about have a regular American thrown into an unconventional war who comes out both physically and psychologically harmed and changed. Still, Rollins claims that authors have yet to come up with an appropriate metaphor for the representation of Vietnam. Although the novels explore similar issues and themes, they all struggle with the war to an extent.
Next Rollins examines Vietnam within the medium of film. He says that like authors, the Hollywood representations of Vietnam fail to grasp the war completely and accurately. The directors also struggle with how to present the war and the issues that surround it. He looks at several Hollywood films beginning with John Wayne’s The Green Berets and including Apocalypse Now. Rollins also looks at documentaries and the issues surrounding capturing the full meaning of the Vietnam War through a camera.
Finally, Rollins looks at Vietnam as it appears on television. Vietnam was the first war to be really captured and aired on television as it was happening. With the advancements of technology in the 1950s and 1960s the news regularly broadcast images of the war, thus the public experienced its atrocities more than any other war. Rollins ends by providing resources for learning about and studying the war.
The article does not spend a lot of time focusing on Apocalypse Now, but it does help place the film within the context of other representations of Vietnam not only in film, but other media such as literature and television. This placement within a historical and cultural context helps bring a broader understanding to the film and the work it does.

Michael Jarrett’s “Sound Doctrine” is an interview with sound designer Walter Murch, who did the sound for Apocalypse Now. The article opens with a brief history of Murch and his works, citing his interest and use of multi-track recording and going beyond the limits with his use of sound. Murch speaks about the endless options and possibilities that come along with recorded sound and tape. The ability to manipulate recorded sound allows for attention to be paid to tiny details and allows the sound designer a lot of control over the expression of the image. Murch discusses his work on Touch of Evil and the importance of Orson Welles to sound and film as well as methods he used for obtaining the sounds he wanted for American Graffiti. He then goes into his work on Apocalypse Now, the first stereo film that he worked on. Murch talks about how he approached the film and the dos and don’ts of surround sound. He tells how the soundtrack was created entirely after the shooting, and only a guide track was present during filming because of production issues. Murch then divulges his techniques for achieving certain sounds in the film, such as the helicopter blades.
After talking about Apocalypse Now, Murch answers questions about American Graffiti and The Conversation explaining more and more how he makes the choices and decisions he does when working on a film. Murch says the sound of the space of the character is just as important as the sound outside and attention should be paid to all aspects of the world of the film, not just where the character is. Murch says “emotion, story and rhythm” are the three things that one must pay attention to when editing sound. Murch gives examples of how he approaches these three elements, specifically citing his work on The Godfather.
The interview then turns more personal when Murch is asked about who he thinks the auteurs of film are and what kind of music he listens to and draws influence from. He then answers technical questions about his job and job title, the technology used and how some sounds are achieved. This portion provides a more technical look at Murch’s work.
This interview with Walter Murch helps to provide insight into the influence and practices of the sound designer for Apocalypse Now. He not only explains certain things about the sound in the movie and how he accomp