Copyright Infringement

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Copyright

Learning Team Weekly Reflection
LAW/421

Learning Team D Weekly Reflection
Week three focused on copyright infringement, and the legal issues in cyberspace associated with copyright laws. Copyright infringement can be classified into three theories; direct, indirect, and vicarious. Direct is the most obvious form because the copyright owner can prove legal ownership of the work in question and that the infringer copied the work without permission. A facilitator in indirect theory of copyright infringement is liable for damages. The copyright owner must identify the direct infringer, and the facilitator must have knowledge of the infringement. The copyright infringement case against Napster was a landmark case that forced Napster, once a free subscription service, to re-emerge as a paid subscription service. This case changed the way music was bought. Contributory infringement was used against Napster to force them to shut down and change their business model. Understanding the defense to infringement claims, specifically fair use can be complex. Fair use is the most common defense of copyright infringement. Under the fair use defense, some infringement is permitted if the device can be used in a significant non-infringing way, such as a VCR. With the digital age and the growth of the Internet applying the copyright law has become more difficult for the courts. Photography, music, and software are the biggest areas affected by copyright infringement and issues dealing with cyberspace. Formats such as MP3 have made it easier for infringers’ to record audio and data files much faster than before, which can make it harder to catch the infringer or facilitators. Software has also become increasingly popular for unauthorized duplication. iTunes has stepped up to adhere to the laws protecting copyright by implementing safeguards to prevent illegal downloads. Digital photography and social networking have opened up new dimensions of copyright...
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