Vanderbilt Journal of Entertainment & Technology Law

First Page



To successfully adapt in the age of digital music distribution, current strategies to discourage piracy can continue to be implemented, but ultimately the music industry and Congress must establish a marketplace that will allow legal downloading services to flourish and offer a comparably more attractive service than their illegal counterparts. Section I of this paper discusses benchmarks that must be achieved to improve the legal downloading services. Section II discusses aspects of the current legal and licensing regime that serve as impediments to implementation of the legal downloading service business model. Section III proposes a legislative agenda to reform the marketplace, achieve the goals articulated in Section I, and maintain competition and profitability for the players in the evolving digital music distribution market.