Free Essay

Copyright and Fair Use

In: Computers and Technology

Submitted By jduvoe
Words 631
Pages 3
Copyright and Fair Use Rights The copyright and fair use laws in this country are set up to protect the works of individuals. Although it is extremely difficult to interpret and understand the complexity of the laws, it is possible to find the answers to most questions through research. It’s important for everyone to be familiar with these laws, and have somewhat of an understanding as to why they are in place. In today’s society, especially with the use of the internet, copyright and fair use infringements are a serious problem. Most times, due to a lack of knowledge, people aren’t even aware of the fact that they are breaking copyright laws. One of the biggest areas of this abuse is in the music industry. It is this area of the copyright laws that I will be discussing. Copyright laws state that from the moment an idea is put into a fixed format, such as being recorded or written down, it is protected by copyright laws. There is no need to have the copyright symbol, or even register it with the U.S. copyright office. Although, it is suggested to register your works with the copyright office, especially when it comes to music or lyrics for songs. The reason for this is the huge problem that has arose over the internet with the illegal distribution of copyrighted music. Back in the “olden days”, the only way to get your music was to go to the music store and buy the records. Then, the only place to listen to your music was either at your home on your record player, or over the radio. This made the illegal distribution of music extremely more difficult. This in return allowed the artist who wrote and produced the works to be properly compensated for their efforts. As technology advanced to the tape deck, it became easier for pirated copies of music to appear. But even this was limited in retrospect to the crisis of today. As the development of computers, the internet and digital music grew, so did the problem of people breaking the copyright laws when it came to the illegal distribution of music. Today, the illegal distribution of music is at an all-time high. It has devastated the music industry. Musicians have been forced to make the majority of their incomes off the concerts and shows they perform at, rather than the sales of their records and songs. It’s really sad actually. I personally think it is a result of the lacksidaisical repercussions to those breaking the laws. Because of how the world has changed, and for this particular subject for the worse, so to should the punishments change.
In my opinion, the only way to start correcting the problem is to make an example of a few people by enforcing the harshest punishments ever recorded on them. Change the laws to where, if you are found guilty of illegally distributing OR receiving copyrighted materials, the minimum punishment is 50 years in prison. Then enforce it on those initial few to let everyone know it’s going to be enforced and no longer tolerated. I feel very confident that you would drastically see a decrease in the amount of illegal distribution and receiving of copyrighted music. Make them be held accountable with punishments that were never even imagined and see what happens. I mean, would you really take the chance of downloading one single song illegally if it could cost you the next 50 years of your life??? Especially if they had already begun to show that they were catching not only those distributing it, BUT the ones receiving and downloading it! I highly doubt there would be too many idiots out there still taking that chance over a 99 cent song.…...

Similar Documents

Premium Essay

Copyright

...next year, providing they are passed by the House of Lords, House of Commons and European Commission. Online copyright infringers are to be issued with the first letters warning them about their behaviour, with such notifications due to be issued from early in 2014. The UK Digital Economy Act, like it or loathe it, has been surrounded by an odour from the beginning, and the stench is getting ever more vile. Documents released from Lord Mandelson’s office under the Freedom of Information Act indicated despite there being public consultation then, the public consultation process was a waste of time, and that almost nothing any participant could have said would have made a difference. PPUK Chair Loz Kaye stated that these documents show how outrageously complicit everyone from the entertainment industry, politicians and unions were in framing the Digital Economy Act. It establishes a system of law which aims to first increase the ease of tracking down and suing persistent infringers that is through the rightsholders gathering lists of Internet Protocol addresses which they believe have infringed their copyrights. They would then send each IP address to the appropriate Internet Service Provider, newly-defined in the Act as a provider of IP addresses along with a "Copyright Infringement Report". The next stage in proceedings involves the rightsholder requesting a "Copyright Infringement List" from the ISP. This contains an anonymous list of all subscribers who have "reached......

Words: 2476 - Pages: 10

Free Essay

Copyright

...Copyright is a series of economic rights that give their owner the exclusive right to the object it protects. Copyright protection is automatic upon creation of the work. The symbol “©” is only used for notification purposes, so other parties understand that the work is protected by copyright, however it is not required for the protection to exist. Copyright protects subject-matters, which are mentioned in the Copyright Act 1968 (Cth). These subject-matters include “works”, such as: * literary works; * dramatic works; * musical works; and * artistic works including works of artistic craftsmanship. Another subject-matter protected by copyright is subject-matter other than works, such as: * films; * sound recordings; * broadcasts; and * published editions. In order for works to be copyrighted, they must satisfy two conditions. 1) The work must be original. This condition, however, does not apply for subject matters other than works. 2) The work must be in a material form. Copyright does not protect information, ideas, concepts, styles, methods, or anything that has not been physically published. It only protects the expression of ideas in any of the categories mentioned above. As a result, copyright protection only occurs when an idea, concept or information is written down, expressed visually, filmed, recorded or stored on a form of mass-storage device. In a general sense, the owner of copyright is the author of any form of works,...

Words: 307 - Pages: 2

Premium Essay

Copyright and the Cyberworld

...Copyright and the CyberWorld Jenna Ladner EDU 625 February 6, 2013 Abstract This essay was written to to serve as a survey of part of copyright law. This essay is intended only to present general information about an interesting topic in law and is not legal advice for your specific problem. This essay shares some information on several topics in regards to copyright and technology: plagiarism of text, infringement of copyright when using photocopy machines, duplication of web pages and text on the Internet. A polite assumption would be that people are not aware that copying is unlawful: it is a violation of copyright laws and the property rights of authors. This document gives a brief sketch of the nature of the rights protected by copyright law. Copyright Law in the USA Copyright occurs automatically when both of two conditions are satisfied: the creation of an original work and "fixation of that work in any tangible medium of expression." The current law in the USA requires neither a notice of copyright nor registration of the work with the U.S. Copyright Office. However, if a work does have a notice, then an infringer can not claim a "defense based on innocent infringement in mitigation of actual or statutory damages". And if a work is registered, then: (1)The registration is prima facie evidence of the validity of the copyright in litigation for copyright infringement. (2)The author may file suit for infringement of the copyright. (3) The author may seek...

Words: 1849 - Pages: 8

Free Essay

Copyright

...when it comes to all its trademarks. The NFL monitors it marketing rights, they watch for; product promotions, media promotions, viewing parties, and Nominative Fair Use. However the NFL does license out its trademarks. Before diving into the NFL trademark policy, will first talk about what a trademark is, how to acquire a trademark, and the advantages of having one. A trademark, according to the trademark office is a “brand name.” It includes any “word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.” A trademark can be on the package of a product or even the product itself. The main purpose of a trademark is to protect the property of the individual or business. However the owner of the trademark has the right to license out it trademarks, which the NFL does. If someone uses your trademark without your approval, then you may take legal action. However, in the United States, legal action can be taken to protect an unregistered trademark if it is in use. An unregistered trademark has less protection then that of a registered trademark. Acquiring a trademark in the United States, all you need to do is be the first to use it in trade and make continuous use of the mark thereafter. When in business protecting your assets and intellectual property acquiring a trademark is very important. A trademark......

Words: 2660 - Pages: 11

Free Essay

Fair and Responsible Use of Wireless Lan Technology

...Issue Specific Security Policy Title: Fair and Responsible Use of Wireless LAN Technology Classification: Internal Use Only Statement of Policy This policy addresses fair and responsible use of Acme’s wireless local area network (WLAN) technologies. This includes but is not limited to hardware, software and protocols associated with WLANs. It is intended for authorized users within the Acme enterprise. Authorized users are defined as anyone who has been granted approval to access Acme information and information systems. This includes employees and contingent workers. Authorized users are expected to understand and comply with the contents of this document. Appropriate Use Laptop users are permitted, with prior management approval, to use Acme’s internal WLAN solution. The WLAN should be used only when a wired network solution in unavailable or inappropriate for a particular situation. To ensure appropriate protection of privacy, all wireless transmissions will be secured utilizing strong mutual authentication and encryption. When establishing a connection to a public hotspot or WLAN within your home, a VPN connection must be established and used in conjunction with an Acme approved personal firewall solution. Only Acme approved WLAN technologies are permitted within the enterprise. Use of non-standard hardware, software and protocols is strictly prohibited. Systems Management It is the responsibility of the Network Administrator, for Acme’s WLAN, to...

Words: 472 - Pages: 2

Premium Essay

Copyright Infringement

...COPYRIGHT INFRINGEMENT. Copyright infringement is the use of work under  copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce, distribute, display or perform the copyrighted work, or to make derivative works, without permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator. COPYRIGHT INFRINGEMENT OCCURS WHEN THE COPYRIGHT OWNER'S RIGHTS ARE VIOLATED To fully understand copyright infringement, you must understand what rights you hold as a copyright holder. You own more than just the rights to reproduce the work filed with the US Copyright Office. An owner of a copyright owns a “bundle” of rights. Each of these rights can be sold or assigned separately. Copyright infringement occurs when one of those rights are used without the express consent of the copyright owner. The rights owned by the owner of a copyright include: The Right to Reproduce the Work. This is the right to reproduce, copy, duplicate or transcribe the work in any fixed form. Copyright infringement would occur if someone other than the copyright owner made a copy of the work and resold it. The Right to Derivative Works. This is the right to modify the work to create a new work. A new work that is based upon an existing work is a "derivative work." Copyright infringement would occur here if someone wrote a screenplay based on his favorite John Grisham book and sold or distributed the......

Words: 7189 - Pages: 29

Free Essay

A Pattern-Oriented Approach to Fair Use

...4 Article 5 A Pattern-Oriented Approach to Fair Use Michael J. Madison Repository Citation Michael J. Madison, A Pattern-Oriented Approach to Fair Use, 45 Wm. & Mary L. Rev. 1525 (2004), http://scholarship.law.wm.edu/wmlr/vol45/iss4/5 Copyright c 2004 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. http://scholarship.law.wm.edu/wmlr A PATTERN-ORIENTED APPROACH TO FAIR USE MICHAEL J. MADISON* ABSTRACT More than 150 years into development of the doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use claims asserted by individual defendants......

Words: 74799 - Pages: 300

Free Essay

Copyright

...Section A 1. Give an outline of the attitudes to copyright violation and illegal downloading as presented in text 1 and 3. Texts 1 and 3 represent two opposing attitudes to copyright violation and illegal downloading. In text one ‘The pirate bay’s Peter Sunde: it’s evolution, stupid, Peter Sunde, writes about his growing dissatisfaction on legislation about of copyright, opposite in text 3 “you like my poems? So pay for them” Wendy cope discuss the people who does not respect copyrights. In text 1 ”The pirate bay’s Peter Sunde: it’s evolution, stupid”. Peter Sunde himself believes that the entertainment industry refuses to evolve. The entertainment industry has made their own business to sue the people who copy and illegally downloading movies. Peter Sunde makes it clear in the text that he would like movie piracy should become legal. He claims that copyright protection is old-fashioned and seeks to convince the reader that he has been unjustly convicted for having given people the opportunity to share music and movies online.  Compered to Peter Sunde, is Wendy Cope in text tree more respectful towards the copyright law. Wendy Cope is a poet herself. She writes, among other things, that her own poems, as well as other poems are abused and how people does not respect the copyright law. Wendy Cope’s own poems are spread all over the internet and she has managed to get them removed from one or two sites. Every now and then she meets people who say “I likes your poem so...

Words: 523 - Pages: 3

Free Essay

The Fair Use Doctrine

...The Fair Use Doctrine In 2013 SOFA Entertainment sued Dodger Productions for its unlicensed use of a seven second clip of the “Ed Sullivan Show” during the stage musical “Jersey Boys”. Dodger Productions argued fair use to defend themselves in their use of the clip during the show. In the show shortly before the clip is played, one of the characters portraying a member of the Four Seasons’ band explains how important the performance on the “Ed Sullivan Show” was to the band. The band hoped that its performance on the show could help bring the music focus in America back to an American band rather than the British bands that had been hugely popular at the time. Then the controversial clip plays, while the actors warm up to get ready for their performance. (Larson, 2013) The court ruled in favor of Dodger Productions agreeing with its use of the Fair Use Doctrine as a defense. The court determined that it fit under the fair use exception for two major reasons. First, the use of the clip was transformative. This is the case because the way in which the clip is used in the show adds new historical meaning to the clip rather than simply rehashing the entertainment that was gleaned from the clip when it initially aired. Secondly, the court determined that the clip was not the “core” of the copyrighted show. Since the clip does not include the actual performance by the Jersey Boys nor does it include the entire episode then it does not pull from the core of what the......

Words: 1026 - Pages: 5

Premium Essay

Intellectual Property -Music and Art and Fair Use

...Intellectual Property -Music and Art and Fair Use BUS311: Business Law I (BAI1414A) 4/20/2014 Philosophers have barely taken an interest in the ethics dealing with intellectual property, this despite societies continued debate over “fair use” of copyrighted materials. We justify copy and paste forgoing old set standards of how we give credit for intellectual achievement in lieu of convenience. One has to wonder as technology continues to advance and copyrighting laws become diluted that music and art available via the internet will be of any commercial value. Intellectual Property-Music and Art and Fair Use I. Intellectual Property a. What is IP? b. How has technology affected IP? c. What laws protect IP? II. Music & Art work a. How has broadband changed the music industry? b. How is it so easy to copy and paste someone else’s work? 1. Does citing a source give one the permission to use? 2. What laws govern copyright? III. Fair Use a. What is fair use? b. How does fair use fit with copyright law? c. How does the court know if a use is fair? . IV. Moving forward a. Advancing Technology vs. Copyright laws b. Artistry vs. Commercial reward What is Intellectual Property? Intellectual Property By definition intellectual property IP, is all products derived of human intellect that the law protects from unauthorized usage. Ownership creates a limited monopoly innately...

Words: 2885 - Pages: 12

Free Essay

Copyright

...Copyright 1) Copyright is something artists etc. use to protect their “work” so people can’t steal something they made and for example take the honour for it. It’s a huge trend between teenagers and some adults, to download music or movies etc. illegal because it’s free and easy. But because of the copyright you can get a penalty or in worst case go to jail if you don’t comply the rules for copyright. Texts 1 named The Pirate Bay’s Peter Sunde: It’s Evolution, stupid, written by peter Sunde, February 10 2012 – published on the website, wired.com Peter Sunde who is the main character in the article is against copyrighting because he thinks that it is ridiculous that people shall pay for listening to music or see movies on the internet etc. He thinks that copyrighting shall be free, and copyrighting should not exist. Peter Sunde has been in it himself, in 2009 he was arrested for pirate bay, he was in prison 8 months. He wants to destroy copyrighting. In contrast to Texts 2 named You like my poems? So pay for them, written by Wendy Cope, December 8 2007 – published on the website, The Guardian Wendy Cope is a writer who is outraged to see her work all over the internet. Wendy Cope is a person who is a lot into copyrighting because she writes poems and she does not want people to borrow or take her poems without her permission or without paying her. In the article is she also writing that a lot of poets etc. that their income is the money they earn through......

Words: 756 - Pages: 4

Premium Essay

Copyrights

...Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. Copyright is a form of intellectual property, applicable to certain forms of creative work. Under US copyright law, legal protection attaches only to fixed representations in a tangible medium.[1] It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rightsholders.[2] These rights frequently include reproduction, control over derivative works, distribution, public performance, and "moral rights" such as attribution.[3] Copyrights are considered territorial rights, which means that they do not extend beyond the territory of a specific jurisdiction. While many aspects of national copyright laws have been standardized through international copyright agreements, copyright laws vary by country.[4] Typically, the duration of a copyright spans the author's life plus 50 to 100 years (that is, copyright typically expires 50 to 100 years after the author dies, depending on the jurisdiction). Some countries require certain copyright formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a......

Words: 318 - Pages: 2

Premium Essay

Copyright

...with others, and want to know who will own what or who will have what rights in the finished work. They want to use another's work beyond the bounds of fair use and need to know whom to ask for permission. The basics of who owns what are the same regardless of which concern one has, so we will cover the basics first, then show how those rules apply in the two situations above, and finally address how to protect your work. The basics The author is usually the owner. Except when the work-for-hire rules apply: The author's employer owns work(s) created by an employee within the scope of employment, or that fall within one or more of the nine statutory categories, where an agreement commissioning the work is in writing and signed by the creator or creators before work begins The nine statutory categories include: contribution to a collective work; part of a movie or other audiovisual work; a translation; a supplementary work; a compilation; an instructional text; a test; answer material for a test; or an atlas. If a work does not fit within the statutory definition of a work-for-hire, the employer may still own it if the author assigns the copyright to the employer or contractor. An author-owner is free to assign copyright to anyone, so a written contract can change these basic rules. Many publishers require assignment of copyright as a condition of publication. Policies, such as the U.T. System Intellectual Property Policy also change......

Words: 2102 - Pages: 9

Premium Essay

A Report on Fair Use of Digitized Copyrighted Materials

...REPORT ON FAIR USE OF DIGITIZED COPYRIGHTED MATERIALS Abstract There is a movement afoot recently to digitize many of the written pages of works including textbooks, novels, newspapers, magazines, etc. Nearly every piece of work can be changed to digital format, either for archiving and protecting them for future generations, or selling them for profit. A simple search for the work will turn up an extract of the work, but not the whole work in its entirety. Is it wrong to do so display any of the work without asking permission from the copyright holder, or not? I believe that if you own the work then it cannot be reproduced without your explicit permission, and restitution must be made and royalties paid. A REPORT ON FAIR USE OF DIGITIZED COPYRIGHTED MATERIALS There is a movement afoot recently to digitize many of the written pages of works including textbooks, novels, newspapers, magazines, etc. Nearly every piece of work can be changed to digital format, either for archiving and protecting them for future generations, or selling them for profit. A simple search for the work will turn up an extract of the work, but not the whole work in its entirety. Is it wrong to do so display any of the work without asking permission from the copyright holder, or not? I believe that if you own the work then it cannot be reproduced without your explicit permission, and restitution must be made and royalties paid. The problem of locating the actual copyright......

Words: 771 - Pages: 4

Premium Essay

Copyright

... Copyright laws were created to protect the rights of copyright owners. They are designed to prevent the unauthorized use of materials without the permission of the copyright holder (Bitlaw, 2010). There are five exclusive rights covered under the Copyright Act (Bitlaw, 2010). Though all of the rights may not directly pertain to all web site development, it is imperative for web site designers to be familiar with the Act to avoid violating any part of it intentionally or unintentionally. The five exclusive rights are; the right to reproduce, the right to prepare derivative works, the right to distribute copies, the right to perform, and the right to display (Bitlaw, 2010). The right to reproduce belongs to the copyright holder (Bitlaw, 2010). This means the copyright holder is the only person that has the legal right to reproduce or copy any part of the work (Bitlaw, 2010). The right to prepare derivative works is the same as reproducing in a sense, but it is regarding transferring the copy written information to another form such as video or film (Bitlaw, 2010). The copyright holder is the only person that can legally distribute the crated material as well as perform publically any part of the work (Bitlaw, 2010). The copyright law covers most works imaginable including literary work, graphics, art, choreography, music, and theatrical performances (Bitlaw, 2010). Web designers can take steps to avoid violating any part of the copyright laws. When......

Words: 466 - Pages: 2