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iTunes: How Copyright, Contract, and Technology Shape the Business of Digital Media - A Case Study

103 Pages Posted: 28 Jul 2004  

Urs Gasser

Harvard University - Berkman Klein Center for Internet & Society

Date Written: June 2004

Abstract

In this paper, the Berkman Center's Digital Media Project has conducted an exploratory case study on Apple's iTunes Online Music Store from a legal and business perspective. The objective of this analysis is twofold: First, it seeks to gain advanced knowledge of the relationships among copyright law, contract law, digital rights management schemes and business modeling processes in the Post-Napster world. Understanding such interactions is crucial when attempting to balance the divergent interests of consumers, artists, the entertainment industry, and technology manufacturers through regulatory mechanisms such as law, code market mechanisms, and adjustment of social norms. Second, the paper is intended as a further step toward expanding the knowledge base of the Digital Media Project beyond U.S. law to include a more detailed coverage of the legal and regulatory frameworks of other countries. The focus of the comparative law analysis conducted in this initial study is on European jurisdictions and selected nations in the Asia-Pacific.

Keywords: Digital media, copyright, comparative law

JEL Classification: K29, K33, K42, L82

Suggested Citation

Gasser, Urs, iTunes: How Copyright, Contract, and Technology Shape the Business of Digital Media - A Case Study (June 2004). Berkman Center for Internet & Society at Harvard Law School Research Publication No. 2004-07. Available at SSRN: https://ssrn.com/abstract=556802 or http://dx.doi.org/10.2139/ssrn.556802

Urs Gasser (Contact Author)

Harvard University - Berkman Klein Center for Internet & Society ( email )

Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA 02138
United States

HOME PAGE: http://cyber.law.harvard.edu/people/ugasser.html

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