Abstract The paper explains that the case of Napster is typical of copyright infringement because it demonstrates just how inadequate legislation is as it relates to digital technology. The paper explains that in addition, Napster represents just one area where copyright can be violated. The paper shows how the Napster case reveals that in terms of digital technology, the fundamental issue concerns how to reconcile the traditional concept of contributory liability with the widespread use of digitized works made available by the Internet.
From the Paper "With the advent of digital technology, research has found that as many as 90 percent of all Internet users and about 70 percent of users who share files freely admit that copyright is not an issue for them. These people regularly download many different kinds of files, ranging from movies to computer programs. The most likely individuals to download music and share files are students. Young adults behave in comparable ways since they also normally are not concerned about the copyright status of whatever files they download. Music is very easily downloaded, and it is far easier to download music than full-length feature movies."
Abstract This well-researched paper centers on the matter of copyrighted material in terms of literary works, musical compositions, dramatic works, pantomimes and choreographic works, pictorial and multi-media packages within CD-ROMs among others. This paper focuses on the legalities of copyright in the three countries cited primarily from the point of view held by archives. The writer of this paper begins by offering a detailed definition of both archives and copyright. According to this paper, a copyright is a set of laws and rules that are established as a particular form of government with the primary goal of protecting the original works of the author. This paper delves into various concepts of copyright including its being construed as a certain specification of law within a particular field of work. The writer examines the situation in the U.K. which currently houses nearly 2,000 archive repositories of various types in England. This paper analyzes the Title 17, U.S. Code copyright law which applies and can only be enforced in the U.S. The Title 17, U.S. Code is given to original works of authorship including literary, dramatic, musical and other forms of artistic works which give the owner of the work in question the permission to reproduce said work. This paper details the significance of China's copyright laws on America while delving into the vast differences between China's perception of archived and documented material to that of the western world. The writer examines the growing field of online archives and libraries. This in-depth and informative paper also contains pertinent data and statistics relevant to this specific topic. According to published figures there are 1.5 million visits a year to archives while up to 75% of those who visit do so for private or personal research.
Table of Contents:
Introduction
Archives and the Copyright Provisions in the West
Archives and the Copyright Provisions in China
Discussion
Bibliography
From the Paper "The term copyright has to be explained to some extent. Copying takes place in a number of instances and can be considered when a single copy is made of an article through photocopying, downloading pages from a Web site, or seeing a picture that has been loaded in the digital format. In all these instances, there is no violation of the rights of the copyright holder, as they may be considered to be a fair use of the facility. Since the question of copying is involved, there has to be an understanding as to whether there are violations of any rights of the copyright holder. The permissions have to be given when certain actions are involved like a movie version from a book, translation of a book into other languages, etc. In these cases, the rights of the copyright holder are involved, and it does not matter from where the person desirous of making the change got hold of the material. It depends on the copyright holder to say how the work for which they are holding copyright will be distributed to the public at large."
Abstract This paper examines copyright infringement and its use with public domain, author's rights, and electronic publishing. It refers to downloading and uploading copyright material, how a copyright is developed and possible legal actions when a copyright has been stolen.
From the Paper "In a recent Themestream Journalist Club email, a women wrote to complain about how her article on "birthing experiences" had been illegally taken and copied onto another website. To make matters worse, she said, ?The infringer not only posted my work to his private website, he signed his own name to my article claiming it as his original work.? Copyright infringement has always existed, but as electronic publishing becomes progressively popular, the danger of Copyright infringement increases."
This paper discusses the growing lack of ethics in the communications industry as well as the need for more supervision and stricter guidelines when using copyrighted materials on the internet.
Abstract This paper examines the general lack of awareness and regulations regarding the ethical and legal implications involving copyrighted materials displayed on the internet. Business and technology follows the imperative of development with little regard for how ethics and morals are influenced and the end result is that ethical issues are often left behind. Also discussed is the changing nature of information and technology which has resulted in the changing nature of privacy. This paper examines both copyright and patent laws and the lack of supervision of these guidelines on the internet as well as the ongoing attempts by the industry to reinforce these same laws. Topics covered in this report include: Organizational Impacts/Issues Future of the Topic Conclusion Bibliography
From the Paper "Computers are seen as logical, rational devices, by which logical, rational actions are carried out, without any ethical implication. No blame or censure can thus be accorded when the computer suffers a breakdown or when the software has a bug. Such technology is seen as an entity on its own, without any moral intervention or evaluation. The reason for this is another result of the rapid development of technology. Few truly understand the nature of computing or information technology. Technology is used as a tool, without being attached to ethical responsibility."
Abstract This paper describes the Digital Millennium Copyright Act (DCMA) and considers its ramifications in the marketplace. It concludes that the Act is cumbersome and will need to have key provisions tested in the courts before its effectiveness is actually determined.
From the Paper "Technology often out paces ethical and legal developments. For many years copyright law remained static as wholesale unauthorized duplication of printed materials was difficult. Fair use rules evolved regarding ..."
Tags: Digital Millennium Copyright Act, DMCA, copyright infringement, Internet
Abstract This paper explains that understanding copyright infringement and the legalities of fair use/fair dealing is an important part of knowing how ownership is guarded by the law. The paper further explains that, although there are cases that deviate from the norm in judgments that define fair use, the norm suggests that profitability is the main core ingredient that helps to keep copyrighted information for use by the general public for academic or no-profit purposes.
From the Paper "In this study, the basis for copyright law will be analyzed in order to divulge the legal premise for legal action that defines infringement. By taking certain cases that act as landmarks to legal action this regard, the differing definitions of copyright infringement have become a complex web of semantics and court judgments. Furthermore, the use of "fair use" or "fair dealing' will be discussed in relation to how these laws are upheld and enforced by the court system. In essence, the definition of infringement and its..."
Abstract This paper looks at the current issues facing music artists in Australia. These include: DJs, copyright issues and intellectual property laws (file sharing, copying CDs ). The concerns of the current music industry are also addressed in response to these issues.
From the Paper "Copyright protection in Australia, and 'any other country which is also a party to an international copyright treaty', (www.law.gov.au) begins the moment the work is completed. Australia is a member of a number of international treaties and conventions including: Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), World Trade Organisation Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention); and Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (Geneva Phonograms Convention). (www.law.gov.au)"
Abstract This paper discusses the case whereby Michael Baigent and Richard Leigh, authors of 'The Holy Blood' and the 'Holy Grail', recently sued Random House, the publishers of the best-selling novel, 'The Da Vinci Code', written by Dan Brown. According to the paper, Baigent and Leigh alleged that Brown had infringed copyright law in 'The Da Vinci Code', by appropriating the architecture of 'The Holy Blood' and the 'Holy Grail'. Interestingly, both books were published by the same publishing house, so that Baigent and Leigh were in effect suing their own publisher.
Abstract This paper discusses how the United Nations has dealt with two international human rights violations--torture and religious intolerance. It shows how in these specific areas the UN has not been successful and examines why.
From the Paper "In the section of the United Nations' report devoted to torture, it is noted that over the years there have been a significant number of cases in which torture victims are from minority racial or ethnic groups. The report says that members of racial or ethnic groups are not usually subjected to particular forms of torture applied uniquely to them because they are members of these groups. However, minorities and members of ethnic groups are disproportionately subjected to torture. Also, ethnic differences may often contribute to the process of the dehumanization of the victim, as ethnicity and race are seen by some law enforcement officials as indicators of criminality and often lead to a harsher treatment."
Abstract This paper relates that teachers and students are pirating copyrighted material from the internet and other sources in violation of the copyright laws because schools cannot afford to supply all the needed materials for grades K-12. The author points out that policy makers could relax the fair use laws so that they are better suited to regulate the characteristics of the new technology; however, the substantial influence of copyright holders in the political process means that this approach is unlikely to prevail. The paper stresses that that the use of copyrighted materials such as drawings, photos and music without the owner's permission, especially for non-educational purposes, should remain illegal.
From the Paper "The needs of poorer K-12 educational districts have reported other results. Covington, Mississippi spent just $19.55 per student on textbooks in that period, and just $61.44 on other instructional materials, according to Market Data Retrieval. The same patterns of widely varied funding would apply to public libraries, on which so many students rely. Today Beverly Hills, California, is spending some $34 per citizen per year on library materials, while cash-strapped Shasta County in the same state is spending just 25 cents."
Abstract This paper discusses copyright laws and the frequent infringement of them by students. The paper examines the lack of education in this respect, claiming that the majority of students are unaware of the laws. The paper contends that the extensive use of the internet for research purposes and the incredibly easy method of copying and pasting, leads many students to violatecopyright laws.
From the Paper "Copyright infringement, especially with regard to the Internet and MP3 files, is a contentious issue indeed. This is why legislation such as the Digital Millennium Act has been put in place in order to curb any unauthorized use of materials. The only situation where it would be ethical for a student to use copyrighted materials without paying for them, would be with the written consent of the creator of the material. I do however believe that the Carnegie Mellon University was somewhat heavy-handed in its punishment of the students involved. The students for example have been given neither prior warning or education regarding copyright. Furthermore, only 71 students of the 250 checked were found to be in possession of unauthorized files. "
Abstract This paper considers the ways in which technology and innovation have challenged the music industry, with an economic perspective in mind, drawing on current articles and supports. In particular, it looks at the move from the LP to the CD and more recently, the innovation of MP3 technology which has forced the industry to make swift choices about marketing strategies. It evaluates the legal aspects of downloading free music from the internet and copyrightviolations through examples of lawsuits.
From the Paper "Even though bootlegged copies of popular albums had been available for decades, the poor quality of these products limited this impact on the music industry. But the emergence of the MP3 changed not only the way that consumers accessed product, but also the way that artists and their labels contemplated their business. The quality of the product offered by MP3 technology rivaled the CD market, leaving little room for consumer discretion in this regard."
Abstract This paper examines the importance of a dual background for the paralegal wishing to enter into the music business. Through an examination of the statutes themselves, case law, and specific examples related to the music industry, the paper demonstrates that in order to succeed the paralegal must possess a strong background in the music industry, in addition to a strong legal background.
Outline:
Abstract
Introduction
Literature Review
History of the Copyright Act
Cases That Shaped Copyright Law and InterpretationUnderstanding Common Law Copyright and Statutory Copyright The Basic Rights of Copyright Ownership
Exceptions and Special Cases
Copyright Terms of Protection
Registration Issues
Analysis of the Paralegal's Role
The Anatomy of an Infringement Case
The Digital Millennium Copyright Act of 1988
The Paralegal and Infringement
Conclusion
Bibliography
From the Paper "One important concept to realize regarding copyright law is that the "work" or expression of the idea can be protected, but not the idea itself . For instance, if a person develops a certain theory and writes it down in a scholarly paper, the paper itself can be protected, but anyone is allowed to use the idea being promoted. Someone else can describe the theory in his or her own words without violating copyright, as long as proper credit is provided. However, there is disagreement in the courts as to how much of the original work can be included, without violating copyright laws. It is generally agreed that there is a limit as to how much of the content must be original, but courts disagree as to where to draw the line between an original work and plagiarism ."
Abstract This paper focuses on the legalities surrounding the Digital Millennium Copyright Act (DMCA) and the Technology, Education and Copyright Harmonization Act (TEACH) which were both passed to protect the owners of software copyrights. This paper discusses the issue of software copyright as it pertains mainly to the field of education. The writer contends and explains the manner in which both laws clarify several complicated issues for software users while also offering international protection to owners of copyrighted material. This paper examines the basic premise of TEACH which contains recommendations made by the U.S. Copyright Office that addresses the use of informational material and services obtained via the internet. This paper discusses the responsibilities of online educational organizations who make use of informational software. This paper also delves into the additional concerns and responsibilities facing school libraries regarding the software used on library computers.
From the Paper "These requirements are in addition to laws and regulations previously on place. The laws are intended to give software publishers the same protections text publishers have. Just as it is illegal to photocopy textbooks to avoid buying published copies, schools cannot copy software for use on multiple computers unless they have purchased a multiple-use license. Then, they must restrict the number of copies to the number authorized in their purchase. They may not install personal copies of software they purchased for home use on a school computer; or make copies of school-owned software for either home use or to share with parents and students. In addition, the laws address the use of shareware. Sometimes people think of shareware as "free," but it is not, and schools may not use shareware beyond the date at which the shareware copyright owner demands payment. In addition, although freeware is free in that the school does not have to pay for it, the law states that people may not sell freeware."
Abstract This paper discusses copyright law and mentions some famous copyright cases that have assisted in bringing copyright issues involving fair use to the forefront. The author explains how technology and the Internet have further complicated the problem and analyzes the provisions of copyright law in regard to fair use focusing on news commentary and educational uses.
Content:
Introduction
Constitutional Provision Establishing Copyright 1970's Revision of the Copyright Act
Fair Use Focusing on News Commentary
Fair Use Focusing on Educational Uses
Conclusion
From the Paper "The history of the first copyright laws have origins that date back as early as the 1500's when printing presses were first invented. At that time, the risk of unauthorized copying of material was very low, as only a few printers existed and the owners of these printers were well-known. The first copyright laws in the American colonies were used to control the content of what was published, rather than to prevent unauthorized copying. Shortly after the Revolutionary War, the Continental Congress recommended that the states adopt copyright laws (Hollaar, 2002). With the new Constitution, the Congress was given the power "to promote the Progress of Science and the useful Arts, by securing, for limited Times, to Authors and Inventors, the exclusive Right to their respective Writings and Discoveries (Hollaar, 2002)." This early version of the Patent and Copyright Clause was found in the United States Constitutional, Article I, Section 8. According to Hollaar (2002), at that time, "science" referred to knowledge, and the "useful arts" are what we now call technology. A review of the literature indicates that scholars currently view that early Patent and Copyright Clause as a limitation on Congress, not a grant of authority. This is due to the fact that patents and copyrights must have limited durations, and others have argued that any copyright or patent law passed by Congress must be shown to "promote the Progress of Science and the useful Arts" when they feel that copyright or patent is limiting something that they feel is worthwhile (Hollaar, 2002)."
