Recording Industry Association of America#RIAA Diamond certifications

{{Short description|Trade organization in the U.S.}}

{{Use mdy dates|date=February 2015}}

{{Infobox organization

| name = Recording Industry Association of America

| image = RIAA logo colored.svg

| size = 150

| abbreviation = RIAA

| formation = {{Start date and age|1952}}

| type = Licensing and royalties, technical standards

| headquarters = Washington, D.C., U.S.

| location = United States

| leader_title = Chairman and CEO

| leader_name = Mitch Glazier

| website = {{URL|https://riaa.com}}

}}

The Recording Industry Association of America (RIAA) is a trade organization that represents the music recording industry in the United States. Its members consist of record labels and distributors that the RIAA says "create, manufacture, and/or distribute approximately 85% of all legally sold recorded music in the United States".{{cite web |url=https://www.riaa.com/aboutus.php |title=Who We Are |publisher=RIAA |access-date=September 10, 2017 |archive-url=https://web.archive.org/web/20151112133432/http://www.riaa.com/aboutus.php |archive-date=November 12, 2015 |url-status=live }} RIAA is headquartered in Washington, D.C."[https://www.riaa.com/privacy.php Privacy Policy] {{Webarchive|url=https://web.archive.org/web/20150924161408/http://www.riaa.com/privacy.php |date=September 24, 2015 }}." Recording Industry Association of America. Retrieved on September 13, 2011. "RIAA, 1025 F Street NW, 10th Floor, Washington, D.C. 20004.""[https://www.riaa.com/aboutus.php?content_selector=about-who-we-are-riaa RIAA] {{Webarchive|url=https://web.archive.org/web/20151231113459/http://www.riaa.com/aboutus.php?content_selector=about-who-we-are-riaa |date=December 31, 2015 }}." Recording Industry Association of America. Retrieved on September 13, 2011. "We are located at 1025 F ST N.W., 10th Floor, Washington, D.C. 20004."

RIAA was formed in 1952.{{cite web|url=https://www.riaa.com/newsitem.php?id=7B0D4A07-0D23-A750-0BE1-22882C5C2F13 |title= RIAA Celebrates 50 Years Of Gold Records |publisher=RIAA News Room |date=2008-08-11 |access-date=2010-07-17 |url-status=unfit |archive-url=https://web.archive.org/web/20080818201810/http://www.riaa.com/newsitem.php?id=7B0D4A07-0D23-A750-0BE1-22882C5C2F13 |archive-date=August 18, 2008 }} Its original mission was to administer recording copyright fees and problems, work with trade unions, and do research relating to the record industry and government regulations."New Disk Trade Org To Swing Into Action", Billboard Magazine, September 22, 1951, pages 13 and 20 Early RIAA standards included the RIAA equalization curve,{{cite web|url=http://www.graniteaudio.com/phono/page5.html|title=RIAA phono equalization article by Don Hoglund.|work=graniteaudio.com|access-date=November 21, 2012|archive-url=https://web.archive.org/web/20130511221442/http://www.graniteaudio.com/phono/page5.html|archive-date=May 11, 2013|url-status=live}} the format of the stereophonic record groove and the dimensions of 33 1/3, 45, and 78 rpm records.{{cite web|url=http://www.aardvarkmastering.com/riaa.htm|title=RIAA Standards For Stereophonic Disc Records|work=aardvarkmastering.com|access-date=November 21, 2012|archive-url=https://web.archive.org/web/20061004151553/http://www.aardvarkmastering.com/riaa.htm|archive-date=October 4, 2006|url-status=live}}

RIAA says its current mission includes:

  1. to protect intellectual property rights and the First Amendment rights of artists
  2. to perform research about the music industry
  3. to monitor and review relevant laws, regulations, and policies

Between 2001 and 2020, RIAA spent between $2.4 million and $6.5 million annually on lobbying in the United States.{{cite web |url=https://www.opensecrets.org/lobby/clientsum.php?id=D000000581 |publisher=OpenSecrets |work=Lobbying Spending Database |title=Recording Industry Assn of America: Summary |access-date=February 23, 2014 |archive-url=https://web.archive.org/web/20171116053911/https://www.opensecrets.org/lobby/clientsum.php?id=D000000581 |archive-date=November 16, 2017 |url-status=live }} RIAA also participates in the collective rights management of sound recordings, and it is responsible for certifying gold and platinum albums and singles in the United States.

Company structure and sales

Mitch Glazier has been the RIAA's chairman and CEO since 2019. Glazier joined the RIAA 20 years ago and has played a role in the music industry's transition to streaming and "anywhere, anytime" access to music. He was the RIAA's senior executive vice president from 2011 to 2019 and served as executive vice president for public policy and industry relations from 2000 to 2011.

The 26-member board of directors is composed of these record executives:{{cite news |url=https://www.riaa.com/about-riaa/board-executives/ |title=Board & Executives – RIAA |work=RIAA |access-date=2018-02-09 |language=en-US |archive-url=https://web.archive.org/web/20180305135634/https://www.riaa.com/about-riaa/board-executives/ |archive-date=March 5, 2018 |url-status=live}}

{{div col|colwidth=30em}}

  • Mitch Glazier (Recording Industry Association of America)
  • Michele Ballantyne (Recording Industry Association of America)
  • Michele Anthony (Universal Music Group)
  • Glen Barros (Exceleration Music)
  • Michael L. Nash (Universal Music Group)
  • Eric Berman (Universal Music Group)
  • David Bither (Nonesuch Records)
  • Ken Bunt (Disney Music Group)
  • John Esposito (Warner Music Nashville)
  • Victor Gonzalez (Universal Music Latin Entertainment)
  • Camille Hackney (Atlantic Records)
  • Rani Hancock (Sire Records)
  • Jeff Harleston (Universal Music Group)
  • Terry Hemmings (Provident Music Group/Sony Music Entertainment)
  • Kevin Kelleher (Sony Music Entertainment)
  • Sheldra Khahaifa (Sony Music Entertainment)
  • Dennis Kooker (Sony Music Entertainment)
  • Eric Chopra (Sony Music Entertainment)
  • Annie Lee (Interscope Geffen A&M)
  • Gabriela Maartinez (Warner Music Latina)
  • Deirdre McDonald (Sony Music Entertainment)
  • Paul Robinson (Warner Music Group)
  • Tom Silverman (Tommy Boy Entertainment)
  • Julie Swidler (Sony Music Entertainment)
  • Will Tanous (Universal Music Group)
  • Zena White (Partisan Records)

{{div col end}}

The RIAA represents over 1,600 member labels, which are private corporate entities such as record labels and distributors, and collectively create and distribute about 90% of recorded music sold in the United States. The largest and most influential of the members are the "Big Three":

Within the major three music groups, it represents high-profile record labels such as Atlantic, Capitol, RCA, Warner, Columbia, and Motown.[https://www.riaa.com/what-we-do/] {{webarchive|url=https://web.archive.org/web/20181112021344/https://www.riaa.com/what-we-do/|date=November 12, 2018}}, What We Do, The Recording Industry Association of America® (RIAA)

The RIAA reports that total retail value of recordings sold by their members was $10.4 billion{{cite web |url=https://www.riaa.com/keystatistics.php |title=RIAA - About |date=November 2, 2015 |work=www.riaa.com |access-date=September 10, 2017 |archive-url=https://web.archive.org/web/20110307082715/http://www.riaa.com/keystatistics.php |archive-date=March 7, 2011 |url-status=live}} at the end of 2007, a decline from $14.6 billion in 1999. Estimated retail revenues from recorded music in the United States grew 11.4% in 2016 to $7.7 billion.{{cite news |url=https://www.riaa.com/reports/news-notes-2016-riaa-shipment-revenue-statistics/ |title=2016 RIAA Shipment and Revenue Statistics {{!}} RIAA - RIAA |work=RIAA |access-date=2017-09-28 |language=en-US |archive-url=https://web.archive.org/web/20170928145954/https://www.riaa.com/reports/news-notes-2016-riaa-shipment-revenue-statistics/ |archive-date=September 28, 2017 |url-status=live}}

Sales certification

{{main|RIAA certification}}

The RIAA operates an award program for albums that sell a large number of copies.{{cite web

|url = https://www.riaa.com/gp/default.asp

|title = Gold and Platinum (Index)

|author = RIAA Website

|website = Recording Industry Association of America

|url-status = dead

|archive-url = https://web.archive.org/web/20070308084509/http://www.riaa.com/gp/default.asp

|archive-date = March 8, 2007

|df = mdy-all

}} The award was launched in 1958;{{cite web |archive-url=https://web.archive.org/web/20070701162808/http://www.riaa.com/goldandplatinum.php?content_selector=historyx |archive-date=July 1, 2007 |url=https://www.riaa.com/goldandplatinum.php?content_selector=historyx |title=History Of The Awards |work=RIAA.com}} originally, the requirement for a Gold single was one million units sold and a Gold album represented $1 million in sales (at wholesale value, around a third of the list price). In 1975, the additional requirement of 500,000 units sold was added for Gold albums. Reflecting growth in record sales, the Platinum award was added in 1976, for albums able to sell one million units, while singles qualify upon selling two million units.{{cite book |title=The Billboard Book of Gold & Platinum Records |url=https://archive.org/details/billboardbookofg00whit |url-access=registration |first=Adam |last=White |publisher=Billboard Books |date=1990 |page=viii |isbn=978-0711921962}}{{cite web |url=http://music.yahoo.com/blogs/chart-watch/chart-watch-extra-where-thriller-ranks-193809485.html |title=Chart Watch Extra: Where "Thriller" Ranks |first=Paul |last=Grein |work=Chart Watch |publisher=Yahoo Music |date=November 30, 2012 |access-date=December 5, 2012}} The Multi-Platinum award was introduced in 1984, signifying multiple Platinum levels of albums and singles.{{cite book |url=https://books.google.com/books?id=XTo8AAAAQBAJ&pg=PA308 |title=Rock and Roll: An Introduction |first1=Michael|last1=Campbell|first2=James|last2=Brody |page=308 |publisher=Thomson Schirmer |edition=2nd |year=2008 |isbn=9781111794538}} In 1989, the sales thresholds for singles were reduced to 500,000 for Gold and 1,000,000 for Platinum, reflecting a decrease in sales of singles.{{cite book |title=The Billboard Book of Gold & Platinum Records |url=https://archive.org/details/billboardbookofg00whit |url-access=registration |first=Adam |last=White |publisher=Billboard Books |date=1990 |page=[https://archive.org/details/billboardbookofg00whit/page/3 3] |isbn=978-0711921962}} In 1992, RIAA began counting each disc in a multi-disc set as one unit toward certification. Reflecting additional growth in music sales, the Diamond award was instituted in 1999 for albums or singles selling ten million units. Because of these changes in criteria, the sales level associated with a particular award depends on when the award was made.

Since 2000,{{cite web|url=http://riaa.com/newsitem.php?id=9E48CA58-B85D-DE3D-4947-2CB0F2194F64&searchterms=Los%20Premios%20De%20Oro%20y%20Platino&terminclude=&termexact=|title=RIAA News Room – RIAA Launches "Los Premios de Oro y De Platino" to Recognize Top Latin Artists|date=January 25, 2000|work=riaa.com|access-date=February 15, 2011|url-status=dead|archive-url=https://web.archive.org/web/20110715181238/http://riaa.com/newsitem.php?id=9E48CA58-B85D-DE3D-4947-2CB0F2194F64&searchterms=Los%20Premios%20De%20Oro%20y%20Platino&terminclude=&termexact=|archive-date=July 15, 2011|df=mdy-all}} the RIAA also operates a similar program for Latin music sales, called Los Premios de Oro y De Platino. Currently, a "Disco De Oro" (Gold) is awarded for 30,000 units, and a "Disco De Platino" is awarded for 60,000 units. Further, the "Album Multi-Platino" honor is awarded at 120,000, and "Diamante" requires 10 times as many units as "Platino" (600,000).{{cite web|url=https://www.riaa.com/blog.php?content_selector=riaa-news-blog&content_selector=riaa-news-blog&blog_selector=Updates-Latin-&news_month_filter=12&news_year_filter=2013|title=RIAA Updates Latin Gold & Platinum Program|date=December 20, 2013|access-date=March 10, 2014|publisher=RIAA|archive-url=https://web.archive.org/web/20140311051036/http://www.riaa.com/blog.php?content_selector=riaa-news-blog&content_selector=riaa-news-blog&blog_selector=Updates-Latin-&news_month_filter=12&news_year_filter=2013|archive-date=March 11, 2014|url-status=live}} The RIAA defines "Latin music" as a type of release with 51% or more of its content recorded in Spanish.

="Digital" single certification=

File:Martha Roby and Miranda Lambert.jpg, and Miranda Lambert, who was the RIAA's 2019 Artist of the Year, at an RIAA event in Washington, DC, in 2019]]

In 2004, the RIAA added a branch of certification for what it calls "digital" recordings, essentially referring to "recordings transferred to the recipient over a network" (such as those sold via the iTunes Store) yet excluding other obviously digital media such as those on CD, DAT, or MiniDisc. In 2006, "digital ringtones" were added to this branch of certification. Starting in 2013, streaming from audio and video streaming services such as Spotify, Napster, YouTube and the likes also began to be counted towards the certification, using the formula of 100 streams being the equivalent of one download; thus, RIAA certification for singles no longer reflects actual sales.{{cite web |url=https://www.riaa.com/newsitem.php?content_selector=newsandviews&news_month_filter=5&id=03662575-C88F-51CF-779C-8396A2B8D74D |title=RIAA Adds Digital Streams To Historic Gold & Platinum Awards |publisher=RIAA |access-date=September 10, 2017 |archive-url=https://web.archive.org/web/20150924161215/http://www.riaa.com/newsitem.php?content_selector=newsandviews&news_month_filter=5&id=03662575-C88F-51CF-779C-8396A2B8D74D |archive-date=September 24, 2015 |url-status=live }}{{cite magazine |url= https://www.billboard.com/biz/articles/news/1560846/exclusive-on-demand-streams-now-count-toward-riaa-gold-platinum |title= Exclusive: On-Demand Streams Now Count Toward RIAA Gold & Platinum |author= Alex Pham |date= May 9, 2013 |magazine= Billboard |access-date= January 21, 2014 |archive-url= https://web.archive.org/web/20140222115248/http://www.billboard.com/biz/articles/news/1560846/exclusive-on-demand-streams-now-count-toward-riaa-gold-platinum |archive-date= February 22, 2014 |url-status= live }} In the same year, the RIAA introduced the Latin Digital Award for digital recordings in Spanish. {{As of|2016}}, the certification criteria for these recordings are:{{cite web |url=https://www.riaa.com/wp-content/uploads/2016/02/DIGITAL-SINGLE-AWARD-RIAA-AND-GRF-CERTIFICATION-AUDIT-REQUIREMENTS.pdf |title=RIAA AND GR&F Certification Audit Requirements: RIAA Digital Single Award |work=RIAA |access-date=September 14, 2018 |archive-url=https://web.archive.org/web/20180922010100/http://www.riaa.com/wp-content/uploads/2016/02/DIGITAL-SINGLE-AWARD-RIAA-AND-GRF-CERTIFICATION-AUDIT-REQUIREMENTS.pdf |archive-date=September 22, 2018 |url-status=live }}

Digital awards:

  • Gold: 500,000 units
  • Platinum: 1,000,000 units
  • Multi-Platinum: 2,000,000 units (increments of 1,000,000 thereafter)
  • Diamond: 10,000,000 units

The units are defined as:

  1. A permanent digital download counts as 1 unit
  2. 150 on-demand audio or video streams count as 1 unit

Latin digital awards:

  • Disco de Oro (Gold): 30,000 copies
  • Disco de Platino (Platinum): 60,000 copies
  • Disco de Multi-Platino (Multi-Platinum): 120,000 copies

=Album certification=

In February 2016, RIAA updated its certification criteria for album-level awards to combine streaming and track sales using the formula for album-equivalent unit.{{cite web |url=https://www.riaa.com/riaa-debuts-album-award-streams/ |title=RIAA Debuts Album Award with Streams |work=RIAA |date=1 February 2016 |access-date=September 14, 2018 |archive-url=https://web.archive.org/web/20160202081752/http://www.riaa.com/riaa-debuts-album-award-streams/ |archive-date=February 2, 2016 |url-status=live }}

  • Gold: 500,000 units
  • Platinum: 1,000,000 units
  • Multi-Platinum: 2,000,000 units (increments of 1,000,000 thereafter)
  • Diamond: 10,000,000 units

For certification purposes, each unit may be one of:{{cite web |url=https://www.riaa.com/wp-content/uploads/2017/06/ALBUM-AWARD-RIAA-AND-GRF-CERTIFICATION-AUDIT-REQUIREMENTS.pdf |title=RIAA AND GR&F Certification Audit Requirements |work=RIAA |access-date=September 14, 2018 |archive-url=https://web.archive.org/web/20180222165949/http://www.riaa.com/wp-content/uploads/2017/06/ALBUM-AWARD-RIAA-AND-GRF-CERTIFICATION-AUDIT-REQUIREMENTS.pdf |archive-date=February 22, 2018 |url-status=live }}

  1. sale of a digital album or physical album
  2. 10 track downloads from the album
  3. 1,500 on-demand audio or video streams from the album

=Video longform certification=

Along with albums, digital albums, and singles, another classification of music release is called "video longform". This release format includes DVD and VHS releases. Further, certain live albums and compilation albums are counted. The certification criteria are slightly different from other styles.{{cite magazine |url=https://www.billboard.com/bbcom/riaa/video.jsp |title=Billboard.com Latest Video Longform Certifications |magazine=Billboard |access-date=2008-05-14 |url-status=bot: unknown |archive-url=https://web.archive.org/web/20080519083529/http://www.billboard.com/bbcom/riaa/video.jsp |archive-date=May 19, 2008 |df=mdy-all }} Retrieved on May 14, 2008

  • Gold: 50,000 copies
  • Platinum: 100,000 copies
  • Multi-Platinum: 200,000 copies

Efforts against alleged infringement of members' copyrights

=Efforts against file sharing=

{{Main|Trade group efforts against file sharing}}

RIAA opposes unauthorized sharing of its members' music. Studies conducted since the association began its campaign against peer-to-peer file-sharing have concluded that losses incurred per download range from negligible{{cite web |url=http://www.unc.edu/~cigar/papers/FileSharing_March2004.pdf |title=Microsoft Word - FileSharing_March2004.doc |access-date=July 17, 2010 |archive-url=https://web.archive.org/web/20080613031108/http://www.unc.edu/~cigar/papers/FileSharing_March2004.pdf |archive-date=June 13, 2008 |url-status=live }}[https://query.nytimes.com/gst/fullpage.html?sec=technology&res=9C02E2D91139F936A35757C0A9629C8B63 A Heretical View of File Sharing] {{Webarchive|url=https://web.archive.org/web/20080103044207/http://query.nytimes.com/gst/fullpage.html?sec=technology&res=9C02E2D91139F936A35757C0A9629C8B63 |date=January 3, 2008 }}, by John Schwartz, The New York Times, April 5, 2004 to moderate.Siwek, Stephen E. [http://www.ipi.org/docLib/20120515_SoundRecordingPiracy.pdf The True Cost of Sound Recording Piracy to the U.S. Economy] {{Webarchive|url=https://web.archive.org/web/20121004075810/http://www.ipi.org/docLib/20120515_SoundRecordingPiracy.pdf |date=October 4, 2012 }} (2007) IPI Policy Report 188, 2007, 6–10.

The association has commenced high-profile lawsuits against file-sharing service providers. Likewise, it has sued individuals suspected of file sharing, notably college students, parents of file-sharing children and at least one dead person.{{Cite web|last=Andrew Orlowski|title=RIAA sues the dead|url=https://www.theregister.com/2005/02/05/riaa_sues_the_dead/|access-date=2021-03-19|website=www.theregister.com|language=en}}{{Cite web|last=Bangeman|first=Eric|date=2005-02-04|title="I sue dead people..."|url=https://arstechnica.com/uncategorized/2005/02/4587-2/|access-date=2021-03-19|website=Ars Technica|language=en-us}} It is accused of employing techniques such as peer-to-peer "decoying" and "spoofing" to combat file sharing.{{cite web |url=https://www.theregister.co.uk/2003/01/17/i_poisoned_p2p_networks/ |title="I poisoned P2P networks for the RIAA" – whistleblower |author=The Register |website=The Register |access-date=April 23, 2009 |date=January 17, 2003 |archive-url=https://web.archive.org/web/20090728230413/http://www.theregister.co.uk/2003/01/17/i_poisoned_p2p_networks/ |archive-date=July 28, 2009 |url-status=live }}{{cite web |url=https://www.theregister.co.uk/2003/03/18/riaa_chief_invokes_martin_luther/ |title=RIAA chief invokes Martin Luther King in pigopoly defense: P2P poisoning, ISP clampdown justified |author=The Register |website=The Register |access-date=April 23, 2009 |date=March 18, 2003 |archive-url=https://web.archive.org/web/20090531024821/http://www.theregister.co.uk/2003/03/18/riaa_chief_invokes_martin_luther/ |archive-date=May 31, 2009 |url-status=live }}

In late 2008, they announced they would stop their lawsuits,{{cite web |last=Slattery |first=Brennon |url=http://www.pcworld.com/article/155769/riaa_stops_suing_individuals_are_we_home_free.html?tk=rel_news |title=RIAA Stops Suing Individuals: Are We Home Free? |publisher=PCWorld |date=December 19, 2008 |access-date=January 27, 2012 |archive-url=https://web.archive.org/web/20120215214825/http://www.pcworld.com/article/155769/riaa_stops_suing_individuals_are_we_home_free.html?tk=rel_news |archive-date=February 15, 2012 |url-status=live }} and instead attempt to work with ISPs to persuade them to use a three-strike system for file sharing involving issuing two warnings and then cutting off Internet service after the third strike.{{cite web |url=http://newsblog.thecmuwebsite.com/post/Verizon-backtrack-on-three-strike-disconnect-claim.aspx |title=UNLIMITED | CMU | Verizon backtrack on three-strike disconnect claim |publisher=Newsblog.thecmuwebsite.com |access-date=July 17, 2010 |archive-url=https://web.archive.org/web/20100521054108/http://newsblog.thecmuwebsite.com/post/Verizon-backtrack-on-three-strike-disconnect-claim.aspx |archive-date=May 21, 2010 |url-status=dead |df=mdy-all }}

==Selection of defendants==

RIAA names defendants based on ISP identification of the subscriber associated with an IP address,{{cite news |url=https://www.cbsnews.com/news/mom-fights-recording-industry/ |title=Mom Fights Recording Industry |author=CBS News |access-date=April 2, 2007 |date=December 27, 2005 |archive-url=https://web.archive.org/web/20070213144337/http://www.cbsnews.com/stories/2005/12/27/earlyshow/leisure/music/main1166218.shtml |archive-date=February 13, 2007 |url-status=live }} and as such do not know any additional information about a person before they sue. After an Internet subscriber's identity is discovered, but before an individual lawsuit is filed, the subscriber is typically offered an opportunity to settle. The standard settlement is a payment to RIAA and an agreement not to engage in file sharing of music. Such suits are also usually on par with statutory damages of $750 per work, with the RIAA choosing the number of works it deems "reasonable". For cases that do not settle at this amount, the RIAA has gone to trial, seeking statutory damages from the jury, written into The Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 as between $750 and $30,000 per work or $750 and $150,000 per work if "willful".

The Electronic Frontier Foundation and Public Citizen oppose the ability of RIAA and other companies to "strip Internet users of anonymity without allowing them to challenge the order in court".{{cite press release |title=Citing Right to Anonymity Online, ACLU Asks Boston Court to Block Recording Industry Subpoena |publisher=American Civil Liberties Union |date=September 29, 2003 |url=https://www.aclu.org/privacy/anon/15590prs20030929.html |access-date=April 2, 2007 |archive-url=https://web.archive.org/web/20070406161624/http://www.aclu.org/privacy/anon/15590prs20030929.html |archive-date=April 6, 2007 |url-status=live }}{{cite press release |title=Record Industry Cuts Corners in Crusade Against File-Sharers |publisher=Public Citizen |date=February 2, 2004 |url=http://www.citizen.org/pressroom/release.cfm?ID=1636 |access-date=April 3, 2007 |archive-url=https://web.archive.org/web/20070518002950/http://www.citizen.org/pressroom/release.cfm?ID=1636 |archive-date=May 18, 2007 |url-status=live }} Importantly, US Courts have declared that an IP address is not a person nor personal identifier.{{Citation needed|date=April 2024}} This weakened RIAA's ability to sue individuals.

RIAA's methods of identifying individual users had, in some rare cases, led to the issuing of subpoenas to persons dead or otherwise incapable of file-sharing. Two such examples include: a then-recently deceased 83-year-old woman[https://arstechnica.com/uncategorized/2005/02/4587-2/ I sue dead people] {{Webarchive|url=https://web.archive.org/web/20170430054216/https://arstechnica.com/uncategorized/2005/02/4587-2/ |date=April 30, 2017 }}, Ars Technica, February 4, 2005. an elderly computer novice,{{cite news |title=Grandmother piracy lawsuit dropped |url=http://news.bbc.co.uk/1/hi/entertainment/music/3140160.stm |work=BBC News |date=September 25, 2003 |access-date=April 3, 2007 |archive-url=https://web.archive.org/web/20070306054700/http://news.bbc.co.uk/1/hi/entertainment/music/3140160.stm |archive-date=March 6, 2007 |url-status=live }} and a family reportedly without any computer at all.[https://arstechnica.com/uncategorized/2006/04/6662-2/ RIAA sues computer-less family] {{Webarchive|url=https://web.archive.org/web/20170223131745/https://arstechnica.com/uncategorized/2006/04/6662-2/ |date=February 23, 2017 }}, by Anders Bylund, Ars Technica, April 24, 2006.

==Settlement programs==

In February 2007, RIAA began sending letters accusing Internet users of sharing files and directing them to web site P2PLAWSUITS.COM, where they can make "discount" settlements payable by credit card.{{cite news|title=RIAA Bullies College Students With P2PLawsuits.com|url=http://consumerist.com/2007/03/riaa-bullies-college-students-with-p2plawsuitscom.html|author=Meg Marco|date=March 2007|access-date=January 18, 2010|archive-url=https://web.archive.org/web/20110716052057/http://consumerist.com/2007/03/riaa-bullies-college-students-with-p2plawsuitscom.html|archive-date=July 16, 2011|url-status=live}} The letters go on to say that anyone not settling will have lawsuits brought against them. Typical settlements are between $3,000 and $12,000. This new strategy was formed because the RIAA's legal fees were cutting into the income from settlements.{{cite news |first=Brock |last=Read |title=Record Companies to Accused Pirates: Deal or No Deal? |url=http://chronicle.com/weekly/v53/i28/28a03101.htm |work=The Chronicle of Higher Education |page=A31 |date=March 16, 2007 |access-date=April 2, 2007 |archive-url=https://web.archive.org/web/20080511175410/http://chronicle.com/weekly/v53/i28/28a03101.htm |archive-date=May 11, 2008 |url-status=live }} In 2008, RIAA sued 19-year-old Ciara Sauro for allegedly sharing 10 songs online.{{cite news|title=Teen Transplant Candidate Sued Over Music Downloads|url=http://www.linuxjournal.com/content/riaa-preys-teen-need-transplant|publisher=thepittsburghchannel.com|date=December 9, 2008|access-date=December 10, 2008|archive-url=https://web.archive.org/web/20081211001036/http://www.linuxjournal.com/content/riaa-preys-teen-need-transplant|archive-date=December 11, 2008|url-status=live}}

RIAA also launched an "early settlement program" directed to ISPs and to colleges and universities, urging them to pass along letters to subscribers and students offering early settlements, prior to the disclosure of their identities. The settlement letters urged ISPs to preserve evidence for the benefit of the RIAA and invited the students and subscribers to visit an RIAA website for the purpose of entering into a "discount settlement" payable by credit card."[http://recordingindustryvspeople.blogspot.com/2007/02/riaa-adopts-new-policy-offers-pre-doe.html RIAA Adopts New Policy, offers Pre-Doe settlement option if ISP Holds Logs Longer, Asks ISP's to Correct Identification Mistakes] {{Webarchive|url=https://web.archive.org/web/20070715073546/http://recordingindustryvspeople.blogspot.com/2007/02/riaa-adopts-new-policy-offers-pre-doe.html |date=July 15, 2007 }}" Recording Industry vs. The People, February 13, 2007. By March 2007, the focus had shifted from ISPs to colleges and universities."[https://variety.com/2007/biz/features/riaa-targets-university-students-1117960319/ RIAA targets university students] " (Variety.com)[https://archive.today/20070927030702/http://www.theeastcarolinian.com/home/index.cfm?event=displayArticle&ustory_id=4e74bd26-4c1b-4c88-8d84-d915653c9459 "Recording industry battles piracy"] by Elizabeth Lauten, The East Carolinian (East Carolina University), April 4, 2007

In October 1998, RIAA filed a lawsuit in the Ninth U.S. Court of Appeals in San Francisco claiming the Diamond Multimedia Rio PMP300 player violated the 1992 Audio Home Recording Act. The Rio PMP300 was significant because it was the second portable consumer MP3 digital audio player released on the market. The three-judge panel ruled in favor of Diamond, paving the way for the development of the portable digital player market.[http://www.internetnews.com/bus-news/article.php/139091 Court OKs Diamond Rio MP3 Player] {{Webarchive|url=https://web.archive.org/web/20051122122804/http://www.internetnews.com/bus-news/article.php/139091 |date=November 22, 2005 }}, by Elizabeth Clampet, InternetNews.Com, June 16, 1999

In 2003, RIAA sued college student developers of LAN search engines Phynd and Flatlan, describing them as "a sophisticated network designed to enable widespread music thievery".{{cite web |last=Borland |first=John |url=https://www.cnet.com/tech/home-entertainment/riaa-sues-campus-file-swappers/ |title=RIAA sues campus file-swappers |publisher= CNET |access-date=November 8, 2021 |archive-url=https://archive.today/20130120043253/http://news.cnet.com/2100-1027-995429.html?tag=fd_lede1_hed |archive-date=January 20, 2013 |url-status=live }}{{cite web |url=http://media.www.bcheights.com/media/storage/paper144/news/2003/04/08/Marketplace/Record.Industry.Sues.Flatlan.Operators-410377.shtml |title=The Heights – Record industry sues Flatlan operators |publisher=Media.www.bcheights.com |access-date=July 17, 2010 }}{{dead link|date=September 2017 |bot=InternetArchiveBot |fix-attempted=yes }}[http://www.poly.rpi.edu/article_view.php3?view=2599&part=1] {{webarchive|url=https://web.archive.org/web/20070310202314/http://www.poly.rpi.edu/article_view.php3?view=2599&part=1|date=March 10, 2007}}

In September 2003, RIAA filed suit in civil court against several private individuals who had shared large numbers of files with Kazaa. Most of these suits were settled with monetary payments averaging $3,000. Kazaa publisher Sharman Networks responded with a lawsuit against RIAA, alleging that the terms of use of the network were violated and that unauthorized client software was used in the investigation to track down the individual file sharers (such as Kazaa Lite). An effort to throw out this suit was denied in January 2004, but that suit was settled in 2006. Sharman Networks agreed to a global settlement of litigation brought against it by the Motion Picture Association of America, the International Federation of the Phonographic Industry, and by RIAA. The creators of the popular Kazaa file-sharing network would pay $115 million to RIAA, plus unspecified future amounts to MPAA and the software industry; and, they would install filters on its networks to prevent users from sharing copyrighted works on its network.{{cite web |url=https://arstechnica.com/uncategorized/2006/07/7363/ |title=Sharman Networks settles Kazaa file-sharing lawsuits |publisher=Ars Technica |date=July 27, 2006 |access-date=July 23, 2013 |archive-url=https://web.archive.org/web/20131117202325/http://arstechnica.com/uncategorized/2006/07/7363/ |archive-date=November 17, 2013 |url-status=live }}

RIAA also filed suit in 2006 to enjoin digital XM Satellite Radio from enabling its subscribers from playing songs they had recorded from its satellite broadcasts.[http://www.twice.com/article/CA6336520.html XM Faces The Music In RIAA Copyright Suit] {{webarchive|url=https://web.archive.org/web/20060613213838/http://www.twice.com/article/CA6336520.html |date=June 13, 2006 }}, by Joseph Palenchar, TWICE, May 22, 2006 It is also suing several Internet radio stations.[http://www.out-law.com/page-1778 RIAA sues Internet radio stations] {{Webarchive|url=https://web.archive.org/web/20070329205701/http://www.out-law.com/page-1778 |date=March 29, 2007 }}, Out-Law.com, July 2001 Later, XM was forced to impose an industry fee upon subscribers. The fee still exists and has always been paid, in-full, directly to RIAA.

On October 12, 2007, RIAA sued Usenet.com seeking a permanent injunction to prevent the company from "aiding, encouraging, enabling, inducing, causing, materially contributing to, or otherwise facilitating" copyright infringement. This suit, the first that RIAA has filed against a Usenet provider, has added another branch to RIAA's rapidly expanding fight to curb the unauthorized distribution of copyrighted materials. Unlike many of RIAA's previous lawsuits, this suit was filed against the provider of a service. Providers have no direct means of removing infringing content. RIAA's argument relies heavily on the fact the Usenet.com, the only defendant that had been named, promoted their service with slogans and phrases that strongly suggested that the service could be used to obtain free music.

On April 28, 2008, RIAA member labels sued Project Playlist, a web music search site, claiming that most of the sound recordings in the site's index of links are infringing. Project Playlist's website denies that any of the music is hosted on Project Playlist's own servers.{{cite web |url= https://www.cnet.com/news/riaa-files-copyright-suit-against-project-playlist/ |title=RIAA files copyright suit against Project Playlist |author=Sandoval, Greg |publisher=CNET |date=April 28, 2008 |access-date=December 5, 2010 |archive-url=https://web.archive.org/web/20110617005517/http://news.cnet.com/8301-10784_3-9930419-7.html |archive-date=June 17, 2011 |url-status=live }}

On June 30, 2009, RIAA prevailed in its fight against Usenet.com, in a decision, that the U.S. District Judge Harold Baer of the Southern District of New York ruled in favor of the music industry on all its main arguments: that Usenet.com was guilty of direct, contributory, and vicarious infringement. In addition, and perhaps most importantly for future cases, Baer said that Usenet.com cannot claim protection under the Sony Betamax decision. That ruling states that companies cannot be held liable for contributory infringement if the device they create is "capable of significant noninfringing uses".{{cite web |first=Greg |last=Sandoval |title=RIAA triumphs in Usenet copyright case |url=https://www.cnet.com/tech/services-and-software/riaa-triumphs-in-usenet-copyright-case/ |date=December 17, 2011 |access-date=November 8, 2021 |archive-url=https://web.archive.org/web/20120111044311/http://news.cnet.com/8301-1023_3-10276607-93.html |archive-date=January 11, 2012 |url-status=live }} Furthermore, the parties had appealed to a federal court for damage assessments and awards, which could amount to several millions of dollars for the music industry.{{cite web

|first=Richi

|last=Jennings

|url=https://www.computerworld.com/article/2467164/internet/usenet-com-loses-mp3-copyright-lawsuit-vs--riaa.html

|title=Usenet.com loses MP3 copyright lawsuit vs. RIAA

|date=July 2, 2009

|publisher=Computerworld

|access-date=December 26, 2017

|archive-url=https://web.archive.org/web/20170904112728/https://www.computerworld.com/article/2467164/internet/usenet-com-loses-mp3-copyright-lawsuit-vs--riaa.html

|archive-date=September 4, 2017

|url-status=live

}}

On October 26, 2010, RIAA members won a case against LimeWire, a P2P file-sharing network, for illegal distribution of copyrighted works.{{cite web|url=http://www.kerryonworld.com/computers/riaa-wins-limewire-shut-down-by-court-order|title=RIAA Wins: LimeWire Shut Down By Court Order|work=www.kerryonworld.com|date=October 27, 2010|access-date=October 27, 2010|archive-url=https://web.archive.org/web/20101029172721/http://www.kerryonworld.com/computers/riaa-wins-limewire-shut-down-by-court-order|archive-date=October 29, 2010|url-status=dead}} On October 29, in retaliation, riaa.org was taken offline via denial-of-service attacks executed by members of Operation Payback and Anonymous.{{cite web |url=http://www.slyck.com/story2110_RIAA_and_LimeWire_Both_Are_Offline |title=RIAA and LimeWire Both are Offline |date=October 29, 2010 |author=Thomas Mennecke |publisher=Slyck.com |access-date=October 30, 2010 |archive-url=https://web.archive.org/web/20101102150819/http://www.slyck.com/story2110_RIAA_and_LimeWire_Both_Are_Offline |archive-date=November 2, 2010 |url-status=live }}

=Advocacy=

{{main article|Copyright Remedy Clarification Act}}

RIAA filed briefs in Allen v. Cooper, which was decided in 2020. The Supreme Court of the United States abrogated the Copyright Remedy Clarification Act as unconstitutional, while RIAA had argued the opposite view.

=The "work made for hire" controversy=

In 1999, Mitch Glazier, a Congressional staff attorney, inserted, without public notice or comment, substantive language into the final markup of a "technical corrections" section of copyright legislation, classifying many music recordings as "works made for hire", thereby stripping artists of their copyright interests and transferring those interests to their record labels.{{cite news |url=https://www.wired.com/politics/law/news/2000/08/38129?currentPage=all |title=Rule Reversal: Blame It on RIAA |access-date=April 9, 2007 |author=Wired |date=August 10, 2000 |archive-url=https://web.archive.org/web/20080602053522/http://www.wired.com/politics/law/news/2000/08/38129?currentPage=all |archive-date=June 2, 2008 |url-status=live }}{{cite web |url=http://www.techdirt.com/articles/20100712/23482610186.shtml |title=RIAA Accounting: Why Even Major Label Musicians Rarely Make Money From Album Sales |date=July 13, 2010 |access-date=October 22, 2010 |archive-url=https://web.archive.org/web/20100830125727/http://www.techdirt.com/articles/20100712/23482610186.shtml |archive-date=August 30, 2010 |url-status=live }} Shortly afterwards, Glazier was hired as Senior Vice President of Government Relations and Legislative Counsel for the RIAA, which vigorously defended the change when it came to light.{{cite web |author=Eric Boehlert |date=August 28, 2000 |url=http://archive.salon.com/ent/music/feature/2000/08/28/work_for_hire/print.html |title=Four Little Words |work=Salon |access-date=October 9, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20090123063924/http://archive.salon.com/ent/music/feature/2000/08/28/work_for_hire/print.html |archive-date=January 23, 2009 |df=mdy-all }} The battle over the disputed provision led to the formation of the Recording Artists' Coalition, which successfully lobbied for repeal of the change.{{cite web |author=Barry Willis |date=October 29, 2000 |url=http://www.stereophile.com/news/10880/ |title=Clinton Signs Repeal of "Works for Hire" Law |publisher=Stereophile |access-date=October 9, 2009 |archive-url=https://web.archive.org/web/20091112154255/http://www.stereophile.com/news/10880/ |archive-date=November 12, 2009 |url-status=live }}{{USPL|106|379}}

= GitHub and youtube-dl takedown request =

{{Main article|Youtube-dl#RIAA takedown request}}

On October 23, 2020, the code repository hosting service GitHub (owned by Microsoft) released a DMCA request from RIAA. This request listed the open-source software project youtube-dl (and forks of the project) as copyright violations. The request cited the United States law Title 17 U.S.C. §1201.{{Cite web|date=2020-10-23|title=dmca/2020-10-23-RIAA.md at master · github/dmca|url=https://github.com/github/dmca/blob/master/2020/10/2020-10-23-RIAA.md|url-status=live|archive-url=https://web.archive.org/web/20201024035235/https://github.com/github/dmca/blob/master/2020/10/2020-10-23-RIAA.md|archive-date=2020-10-24|access-date=2020-10-23|website=GitHub}} Critics of this action say that the software library can be used by archivists to download videos of social injustice.{{Cite web|last=Cimpanu|first=Catalin|title=RIAA blitz takes down 18 GitHub projects used for downloading YouTube videos|url=https://www.zdnet.com/article/riaa-blitz-takes-down-18-github-projects-used-for-downloading-youtube-videos/|access-date=2020-10-24|website=ZDNet|language=en}} According to Parker Higgins, former Director of Copyright Activism at the Electronic Frontier Foundation (EFF), this takedown request was a "throwback threat" analogous to the DeCSS controversy.{{Cite tweet|title=This all feels like legal analysis from a different time, because frankly this is quite a throwback threat. It feels like DeCSS or Napster.|date=2020-10-23|user=xor|number=1319760366814068741}}

= NFT takedown requests =

{{Main article|Non-fungible_token#Issues_and_criticisms|l1=Criticisms of Non-fungible tokens}}

On February 4, 2022, Mitch Glazier swiftly took action against NFT scam site HitPiece. The site had allegedly stole music to mint as NFTs, and host them on their site. Since then, HitPiece has only responded with "We Started The Conversation And We're Listening." However, their site has not been updated since.{{cite web |url=https://www.forbes.com/sites/eamonnforde/2022/02/07/greatest-hit-riaa-targets-hitpiece-over-nft-infringements/?sh=1cde8fb64275 |title=Greatest Hit: RIAA Targets HitPiece Over NFT Infringements |work=Forbes |last=Ford |first=Eamonn |date=February 4, 2022 |access-date=February 7, 2022}}

Criticism

{{Main article|Trade_group_efforts_against_file_sharing#Criticism|l1=Criticism of anti-file sharing efforts}}

RIAA is heavily criticized for both policy and for their method of suing individuals for copyright infringement. Particularly strong critic-advocates are Internet-based, such as the Electronic Frontier Foundation and Students for Free Culture.[https://www.eff.org/share/petition/ "Stop the RIAA! petition"] {{Webarchive|url=https://web.archive.org/web/20080706171150/http://www.eff.org/share/petition |date=July 6, 2008 }}, EFF; [http://freeculture.org/riaafree/ "RIAA Free"] {{Webarchive|url=https://web.archive.org/web/20060718000837/http://freeculture.org/riaafree/ |date=July 18, 2006 }}, FreeCulture.org. RIAA has sued more than 20,000 people in the United States suspected of distributing copyrighted works.[https://www.eff.org/IP/P2P/howto-notgetsued.php "How to Not Get Sued For File Sharing"] {{Webarchive|url=https://web.archive.org/web/20080829205601/http://www.eff.org/IP/P2P/howto-notgetsued.php |date=August 29, 2008 }} Electronic Frontier Foundation. Of these, approximately 2,500 were settled pre-trial. Brad Templeton of the Electronic Frontier Foundation has called these types of lawsuits spamigation and implied they are done merely to intimidate people.Blankenhorn, Dana (August 2008). [http://www.danablankenhorn.com/2006/08/spamigation.html "Spamigation and How to Fight It"]. danablankenhorn.com. Accessed 08-25-2006.

Executive leadership of RIAA

  • Goddard Lieberson, 1964–1972 (president){{cite news |title=Goddard Lieberson Named Head of Record Association |url=https://www.nytimes.com/1964/01/22/archives/goddard-lieberson-named-head-of-record-association.html |quote=Goddard Lieberson, head of Columbia Records, was elected president of the Record Industry Association of America yesterday. ... |newspaper=The New York Times |date=January 22, 1964 |access-date=August 25, 2012 |archive-url=https://web.archive.org/web/20180723004748/https://www.nytimes.com/1964/01/22/archives/goddard-lieberson-named-head-of-record-association.html |archive-date=July 23, 2018 |url-status=live }}
  • Stanley Gortikov, 1972–1987 (president){{cite web |url=https://celebrityaccess.com/caarchive/stanley-gortikov-former-president-of-the-riaa-dies/ |title=Stanley Gortikov, Former President Of The RIAA, Dies |work=Celebrityaccess.com |date=June 30, 2004 |access-date=November 16, 2021}}{{cite magazine |url=https://www.billboard.com/articles/business/1431512/stanley-m-gortikov-dead-at-85 |title=Stanley M. Gortikov Dead At 85 |magazine=Billboard |date=June 28, 2004 |access-date=November 16, 2021}}
  • Jay Berman, 1988–1998 (president and chair){{cite web |url=https://www.variety.com/1998/music/news/berman-departs-riaa-for-ifpi-role-in-london-1117470868/amp/ |title=Berman departs RIAA for IFPI role in London |work=Variety |last=Sandler |first=Adam |date=May 15, 1998 |access-date=November 16, 2021}}
  • Hilary Rosen, 1998–2001 (president)
  • Mitch Bainwol, 2003–2011 (chairman and CEO)
  • Cary Sherman, 2011–2019 (chairman and CEO){{cite web |title=Cary Sherman Bio |url=http://riaa.com/aboutus.php?content_selector=Cary-Sherman-Bio |publisher=RIAA |access-date=March 3, 2014 |archive-url=https://web.archive.org/web/20140213144041/http://riaa.com/aboutus.php?content_selector=Cary-Sherman-Bio |archive-date=February 13, 2014 |url-status=live }}
  • Mitch Glazier, 2019–present (chairman and CEO)

See also

References

{{Reflist}}