Preview

Copyright Infringement

Good Essays
Open Document
Open Document
577 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Copyright Infringement
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

You May Also Find These Documents Helpful

  • Satisfactory Essays

    At issue in the twenty-first century is the trade-off between the necessity of writers, musicians, artists, and movie studios to profit from their work and the free flow of ideas for the public benefit. Movie (and music) industry participants claim that encryption programs are necessary to prevent piracy. Others, however, including the defendants in cases such as Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001), argue that the law should at least allow purchasers of movies, music, and books in digital form to make limited copies for fair use.…

    • 463 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    With the proliferation of 3-D Printers and the availability of copyrighted materials posted online, there is an additional facet to the current debate surrounding copyright and ownership of intellectual property. Piracy of digital media such as music and videos has been a long-standing issue since the 1990’s with Napster and similar peer-to-peer file sharing programs.…

    • 4860 Words
    • 14 Pages
    Powerful Essays
  • Better Essays

    Cis 324 Computer Ethics

    • 2262 Words
    • 10 Pages

    In the short time that computers and internet have existed in the modern era, the world has seen a complete 360 degree turn and in the various forms of electronic entertainment that people all over the world are now using. In the days before CD’s, DVD’s and the internet, not much was said if a vinyl album (remember these?), VHS cassette (or these?) or an audio cassette was loaned to a friend for their listening / viewing pleasure, but today with the availability of sending an email with three or four megabytes (mb) of information, one can enjoy a borrowed song but is assumed that it is piracy or stealing. Is this a fair assumption? This Author will not give his opinion but rather discuss both sides of the Peer to Peer (P2P) downloading and sharing issues and let the reader form their own opinions.…

    • 2262 Words
    • 10 Pages
    Better Essays
  • Better Essays

    Napster is a good example of how these intellectual property rights are being compromised on the Internet. Napster is a simple, yet sophisticated program created by a young college student named Shawn Fanning that enables users to anonymously swap and share audio files known as MP3s. During its infancy, Napster only had approximately 3,000 users. At that time, Napster could probably have been protected by the Audio Home Recording Act, "which gives consumers the right to create and transfer digital music for noncommercial purposes" (Gurly). Since that time, according to Chris Sherman, writer for the magazine Online, "Napster has become the most successful new Web technology ever by gaining more than 25 million registered users in just over a year or existence." At this point, however, the Recording Industry Association of America (RIAA) is quite unhappy with Napster 's existence and its service. They believe "the fact that millions of users can share songs with one another is a violation of copyright and constitutes outright ‘theft ' of intellectual property" (Sherman). The RIAA won a lawsuit under this argument against Napster in early 2001, so the program may go offline unless a compromise is reached.…

    • 1159 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Advancements in today's technology have allowed users to access and use computer programs, movies, music and other multimedia for which they have not purchased. Technological advancements are coming along at such a quick pace that the enforcement of copyright laws cannot keep pace. Music piracy exploded in the late 1990's and caused groups such as the Recording Industry Association of America (RIAA) to crack down on companies such as Napster that provided that provided free music downloads. The number of lawsuits against individuals who illegally download music has escalated to the point that people are now switching to legal internet sites that sell music downloads. The ethicality of this issue has touched many people throughout the world…

    • 2646 Words
    • 11 Pages
    Powerful Essays
  • Powerful Essays

    Copyright laws were established in the Constitution to "promote science and the useful arts" (Copyright). In the age of digital formats for music, copyright law makes it illegal for bootleggers to commit audio piracy by copying works of music without paying the artist. However, the invention of digital sampling, which allows a musical artist to take sound from a previously recorded work and incorporate it into a new work, has challenged the existing copyright laws. The search for balance between the need to protect artists from audio piracy and the goal of fostering the ability of new artists to draw on previous media has made a good deal of legal controversy within the music business. Laws and court decisions have not established what balance…

    • 2321 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    We are living in the Internet age; copyright protection is a big ethical challenge for countries.…

    • 218 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Whereas some individuals agree with downloading music being a form to promote artists and expand their fan base, most can stand with downloading music being a form of theft. Sophia, a student from Palmdale High, speaks out in favor of the issue by pointing out that free downloading “does not affect the profits that music industries make”. While this may be true for the music industry as a whole, individual artists do suffer significant financial losses from websites like Napster. At these sites millions can instantly download music illegally without any consequences. Users glorify Napster ,along with other sites similar, to the fact that Napster is perfect for expulsion of artists. A Palmdale High Student, Cassandra Brito, states, “Free downloads…

    • 533 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Media Piracy

    • 3439 Words
    • 14 Pages

    A major issue in business today is the protection of intellectual property. While most nations recognize the right to intellectual property, laws differ from one juridical system to another. One common form of protection for intellectual property is a patent. Another important protection of IP is a copyright. Infringement of copyrights has become a salient issue for many businesses that hold intellectual property. In particular, modern multi-media corporations face the universal challenge of piracy of copyrights on electronic and audio-visual media (See Appendix A.1 – A.6 for more information regarding definitions of these terms).…

    • 3439 Words
    • 14 Pages
    Powerful Essays
  • Powerful Essays

    The economic system of the United States is based on capitalism, a free and fair market that treats everyone equally. It protects customers from theft, fraud, and prevents other businesses from taking favorable positions and unfair advantage of their competitors. One of the essential ethical and legal prevention is Copyrights. It is considered as a protection from issues related to intellectual properties. Such Preventions is an assurance to many industries, from movie publishers, to computer software industries. In without copyright regulations, many businesses would be vulnerable to confidentiality, whether by competitors or consumers.…

    • 1645 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Internet Copyright Laws

    • 1388 Words
    • 6 Pages

    billions of people have the ability to access the internet, the content of the internet can be…

    • 1388 Words
    • 6 Pages
    Good Essays
  • Better Essays

    The advent of the Internet and online distribution of entertainment properties has revolutionized various ways copyrighted material is infringed. Unlike previous technologies, one can easily download copyrighted material from the web. Peer-to-peer file sharing is one such technology, which has a tremendous impact on the revenues of the original authors. Film and the entertainment industry are fighting against piracy, but the more they try, the more they fail. It is a bubble, which is blowing out of proportion without any control.…

    • 1675 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Digital Piracy

    • 376 Words
    • 2 Pages

    Production companies took a bold step forward by uploading their content online. People now are not obliged to buy a full album to listen to one song, for a minimal fee you can buy the track you want, the same goes for movies and electronic publications. The downloaded files though will be digitally protected so that only the person who downloads them can use them, and he can't share them at home or with friends. Even with this step from production companies, a large portion of people who download music still do it for free. Moreover hackers came up with new ways to remove the digital copyrights so the same as before one downloads music and distributes them around.…

    • 376 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Visual Literacy

    • 468 Words
    • 2 Pages

    or payment under some circumstances. The US copyright act list for factors to help determine to…

    • 468 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    HONG, S. (2006) The effect of digital technology on the sales of copyrighted goods: evidence from Napster. Working Paper, University of Illinois at Urbana-Campaign.…

    • 3034 Words
    • 13 Pages
    Powerful Essays