Legal Outlook For Blogs--Revisited

This article was written by Urs Gasser, a research fellow at the Berkman Center for Internet & Society at Harvard Law school.  In this article, Gasser examines the legal outlook for MP3 blogs and whether or not they are prime for litigation.  To determine this, Gasser examines the economic significance detailing blogs' relatively small size, means of musical promotion, their 'niche' clientele, and the short-term availability of the linked files as viable legal defenses for MP3 Bloggers.  Gasser also makes a Fair Use argument for both Blog uploaders and downloaders--citing that the non-comercial status of these blogs and their promotional effect don't have a negative impact on said markets.  Gasser also acknowledges the role that record labels play in the survival of blogs--by intentionally leaking teasers and unreleased tracks.  
 
This article sets up several premises of my paper.  It establishes MP3 blogs as the new gate-keepers of the music industry, citing these blogs as the effective modes of instantaneous promotion.  An important point is Gasser's mentioning that the record industry voluntarily leaks tracks to these blogs--snubbing the copyright law they have sued for in the past.  This point reaffirms my claim that record-labels themselves have taken part in legitimizing MP3 blogs as a means of new media.

 

In a 2006 Rolling Stone article, it was stated that "geeks" can now make or break bands because of their tenuous hold on the "blogosphere." While these blogs often offer MP3s for readily available download (illegal), the presence of MP3 blogs "promotes progress," with their ability to critique, comment, and endorse up-and-coming artists. Moreover, the presence of blogs has made the Major labels middlemen instead of the culture dictators they once were.

What is Elbows?

Elbows is a collection of great mp3 blog posts and is meant to provide you a snapshot of what's going on in this new genre of blogging. Please take the time to visit each of the blogs listed on this page to learn more about new artists and buy their albums and, when you're through buying up all the CDs or iTunes tracks, click on some of the blog's sponsors so that they may keep providing us with such great information.