Ryan Alexander, a student at The John Marshall Law School in Chicago, won first prize in the 2002 Nathan Burkan Memorial Competition for a paper encompassing issues of digital distribution of music files.

The competition, sponsored by the American Society of Composers, Authors & Publishers, is named in honor of ASCAP's first general counsel, the late Nathan Burkan. Alexander received a $600 prize from ASCAP.

In his paper, "The Digital Phonorecord Delivery: The Fair Exchange of a First Sale as the Final Sale," Alexander notes that there is a current struggle to solve the distribution of digital copyrights.

"Essentially, two is a crowd. To satisfy one fundamental concept, we ensure the demise of the other: easy access or adequate protection—not both," he said.

"The dilemma exists when there is a more than adequate demand for copyrighted works, yet the law and technology may not necessarily protect these works," he explained. "Failure to compensate the author for his creativity conflicts with a fundamental principle of copyright law, to promote dissemination of information.

"Without an incentive to create new works, society is hindered because authors must find other avenues to ensure their economic well-being through payment for their work. This dilemma is intensified in the digital environment because it makes it extremely difficult for authors to protect their works due to worldwide distribution and the ease of reproduction," Alexander noted.

A number of techniques can be used to ensure artists' reimbursement and reduce the

threat of copyright infringement, Ryan said, including computer programs such as digital encoding techniques that would limit how the listener accesses the music file as well as how long the listener can enjoy the music on that file.

Each of these protective measures would allow the copyright owner to receive compensation because it would force an individual to buy the copyright instead of stealing it. Alexander said the major limitation of this theory is that it harms consumers by limiting how, when, where and how long the music can be enjoyed.

During summer 2002, Alexander was employed by Harmann International Industries, a leading producer of high fidelity and audio-acoustical consumer products. Alexander worked for Robert Hart, chief intellectual property counsel. The job gave Alexander a first-hand look at technology licensing difficulties, and some of the major issues faced by companies in the areas of cutting-edge technology.

"I received an invaluable amount of legal experience this summer, as well as a look at the business constraints and expectations of corporate counsel when dealing with attorneys," Alexander said. "This opportunity also enhanced my appreciation for the development of technology and the efforts it takes to protect it. It is this nexus among the law, technology and entertainment creating opportunity that I want to pursue as a career."

Alexander will complete his joint J.D./LL.M. degree in intellectual property law in June 2003. He is a graduate of Midwestern State University in Wichita Falls, Texas.