The, Recording, Industry, Association, of, America, RIAA, is the trade group that represents the recording industry in the United States. Its members consist of a large number of private corporate entities such as record labels and distributors, which the RIAA claims "create, manufacture and/or distribute approximately 90% of all legitimate sound recordings produced and sold in the United States".
The RIAA was formed in 1952 primarily to administer the RIAA equalization curve, a technical standard of frequency response applied to vinyl records during manufacturing and playback. The RIAA has continued to participate in creating and administering technical standards for later systems of music recording and reproduction, including magnetic tape (including cassette tapes and digital audio tapes), CDs and software-based digital technologies.
The RIAA also participates in the collection, administration and distribution of music licenses and royalties.
The association is responsible for certifying gold and platinum albums and singles in the USA. For more information about sales data see List of best selling albums and List of best selling singles.
The RIAA's goals are:
Company structure and sales
As of April 2007[update], the RIAA is led by Mitch Bainwol, who has been Chairman and CEO since 2003. He is assisted by Cary Sherman, the President of the Board of Directors. The board of directors consists of 26 members of the board, drawn mostly from the big four members of the RIAA.[3]
The RIAA represents over 1,600 member labels, which are private corporate entities such as record labels and distributors, and which 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 Four":
EMI
Sony Music Entertainment
Universal Music Group
Warner Music Group
The total retail value of recordings sold by members of the RIAA is reported to be $10.4 billion[4] at the end of 2007, reflecting a decline from a high of $14.6 billion in 1999.
Sales certification
Main article: RIAA certification
The RIAA operates an award program for albums which sell a large number of copies.[5] The program originally began in 1958, with a Gold Award for singles and albums which reach US$1 million sales. The criteria was changed in 1975 to be based on the number of copies sold, with singles and albums selling 500,000 copies awarded the Gold Award. In 1976, a Platinum Award was added for one million sales, and in 1999 a Diamond Award for ten million sales. The awards are open to both RIAA members and non-members.
The RIAA also operates a similar program for Spanish language music sales, called Los Premios Awards.
“Digital” sales certification
In 2004, the RIAA added a branch of certification for what it calls “digital” recordings, meaning roughly “recordings transferred to the recipient over a network” (such as those sold via the iTunes Store), and excluding other obviously-digital media such as those on CD, DAT, or MiniDiscs. In 2006, “digital ringtones” were added to this branch of certification. As of 2007[update], the certification criteria for these recordings are as follows:
Silver: 100,000
Gold: 500,000
Platinum: 1,000,000
Multi-Platinum: 2,000,000 (recertified at each million-unit interval)
Diamond: 10,000,000
Video Longform certification
Along with albums, digital albums, and singles there is another classification of music release called "Video Longform." This release format includes: DVD and VHS releases, and certain live albums and compilation albums. The certification criteria is slightly different from other styles.
Gold: 50,000
Platinum: 100,000
Efforts against copyright infringement
Stance on home recording
See also: Audio Home Recording Act and Private copying levy
The RIAA has asserted apparently contradictory positions both for and against home recording, such as transferring the contents of music CDs to portable players or making backup copies of music CDs.
In a 2005 argument before the Supreme Court in MGM Studios, Inc. v. Grokster, Ltd., counsel for the RIAA stated that "it's perfectly lawful to take a CD that you've purchased, upload it onto your computer, put it onto your iPod."
In 2006, the RIAA appeared to reverse its position, claiming that copying the contents of CDs or backing them up does not constitute fair use, because recordings transferred from CDs do not maintain controversial Digital Rights Management (DRM) to prevent the music file from being copied, and are therefore infringing under the Digital Millennium Copyright Act, even though audio CDs (formally Compact Disc Digital Audio), by definition, have no DRM (Red Book (audio CD standard)). They argue that there is no evidence that any of the relevant media are "unusually subject to damage" and that "even if CDs do become damaged, replacements are readily available at affordable prices."
Efforts against file sharing
Main article: Trade group efforts against file sharing
The RIAA opposes unauthorized file sharing of its music. It has commenced high profile lawsuits against file sharing service providers. It has also commenced a controversial series of lawsuits against individuals suspected of file sharing, notably college students and parents of file sharing children. It is accused of employing techniques such as peer-to-peer network pollution to combat file sharing. As of late 2008 they have announced they will stop their lawsuits and instead are attempting to work with ISPs who will use a three strike warning system for file sharing, presumably based upon an accusation=guilt policy, and upon the third strike will cut off internet service all together. However as of 2009 no major ISPs have announced, and Verizon has publicly denied, any involvement with this plan.
Selection of defendants
The RIAA names defendants based on ISP identification of the subscriber associated with an IP address,[10] 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 of several thousand dollars to the RIAA, and an agreement not to engage in file-sharing of RIAA music.
The RIAA's policy and method of suing individuals for copyright infringement is continually criticized. Brad Templeton of the Electronic Frontier Foundation has called the RIAA's lawsuits "spamigation" and implied they are done merely to intimidate people.
The RIAA typically seeks $750 statutory damages per song file.
The Electronic Frontier Foundation, American Civil Liberties Union and Public Citizen oppose the ability of the RIAA and other companies to "strip Internet users of anonymity without allowing them to challenge the order in court".[12][13]
The RIAA's criticized methods of identifying individual users has led to the issuing of subpoenas to a dead grandmother, an elderly computer novice, and even those without any computer at all.
The RIAA has also brought lawsuits against children, some as young as 12.
As of February, 2007 the RIAA began sending letters accusing internet users of sharing files and directing them to a web site, (http://www.p2plawsuits.com/), where they can make "discount" settlements payable by credit card. 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. In 2008, RIAA sued nineteen-year-old Ciara Sauro, a girl in need of transplant, for allegedly sharing ten songs online.
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