Infringe On Copyright Laws? Essay, Research Paper
Re: How and What is Napster doing to infringe on Copyright Laws?
Issue: What is Napster? Why is Napster causing such a commotion? What
are they doing about it?
Napster is the world’s leading file sharing community. The Napster
software (napster), launched early in 1999, allows
internet users to share and download MP3 files directly from any
computer connected to the Napster network. The software is used by
downloading a client program from the Napster site and then connecting
to the network through this software, which allows sharing (uploading
and downloading) of MP3 files between all users connected to the
network. While Napster does not condone copyright infringement, there is
no opportunity in the software to stop this, or for royalties to be paid
to artists whose songs are being duplicated for free. Unlike similar
file-sharing applications (Gnutella, Freenet), Napster limits users to
uploading/downloading of MP3 files only. These files are compressed wave
(.wav) files.
The advantage of MP3 files is that they are approximately one-tenth the
size of the
corresponding .wav file and can be close-to-CD-quality. It is for this
reason that many
artists, record labels and other music industry stakeholders are
concerned by the MP3
file format and applications like Napster that simplify the sharing of
copyrighted
material.
What Napster tries to tell its users is that they are not supposed to
use the files on Napster for any Unauthorized copying, distribution,
modification, public display, or public performance of copyrighted works
is an infringement of the copyright holders’ rights. What has happened
to Napster is a Federal Judge in San Francisco issued an injunction
against Napster, effectively shutting down the popular song sharing
service. The Recording Industry Association of America (RIAA) and the
National Music Publishers Association (NMPA) sued Napster in December
1999, alleging that the service encourages copyright violation, since
Napster allows users to share music files for free. In their motion, the
entertainment industry presented evidence demonstrating ongoing harm to
CD sales, and harm to the emerging legitimate market for downloading
music. Slightly controversially, they also claimed that Napster “leads
to a devaluing of music, as Napster teaches a generation of music
consumers that artists do not deserve to be paid for their work, and
their creative efforts are free for the taking.”
The reaction from recording artists, record labels and other music
industry players has been varied, but primarily anti-Napster. The first
action to be taken against Napster
was by the band Metallica. In April of this year, they sued Napster Inc
for copyright
infringement. The case was settled out of court when Napster agreed to
ban some
300,000 users who had allegedly downloaded Metallica songs. Again in
June Napster Inc
was sued for copyright infringement by The Recording Industry
Association of America
(RIAA), a trade group representing the US recording industry, alleging
“Napster is
enabling and encouraging the illegal copying and distribution of
copyrighted music”.
Napster claims that Audio Home Recording Act that permits copying of
material for
personal use, allows it’s users to swap MP3s. Napster further claims
immunity by defining the company as an ISP under the Digital Millennium
Copyright Act. The RIAA
unsuccessfully applied to have an injunction to stop Napster’s
operations until after the
court case in September, so Napster will continue to operate until (and
if) the court
rules against Napster.
Other artists and record labels
napster/speakout/artists.html and
napster/speakout/labels.html) have responded to the
advent of
Napster and similar applications in a more positive way, embracing the
new technology
rather than rejecting it. On their website, the Offspring says “MP3
technology and
programs such as Napster are a vital and necessary means to promote
music and
foster better relationships with our fans.” Interestingly enough, the
Offspring’s last
album, Americana, was made available online illegally before
commercially released, yet
it is the band’s best-selling album to date. Besides, a number of
surveys have
proven that Napster users actually buy more CDs, after ’sampling’ the
songs online
(theregister.co.uk/content/1/12093.html). It is this issue
that is at the
basis of the RIAA lawsuit, whether Napster and similar companies will
mean reduced CD sales. Napster does challenge the traditional
distribution of music (CDs, cassettes, vinyl etc) but whether this
should be viewed as a threat or simply a new medium to be
abused by the music industry is another issue. Some record labels, most
notably
Epitaph (epitaph) have partnered with sites like
e-music to sell
full albums and single songs in MP3 format over the web. In this case,
the record
company has in fact gained a new distribution method, rather than seeing
it as the
‘enemy’. Of course, in this scenario, the record company still gets a
cut of the profits,
something that artists’ whose songs are downloaded through Napster don’t
get.
Questions Presented:
1. What is the current status of copyright law in America?
2. How exactly has Napster infringed upon any types of Copyright Laws?
3. What are the possible outcomes that Napster might face?
Analysis:
The Current Status of Copyright Law A copyright provides the creator of
an
intellectual production with ownership and exclusive rights to publish,
print, distribute, or sell the copyrighted material. Intellectual
productions that are eligible for copyright privileges include written
material, written and recorded music, paintings, sculptures,
photographs, movies, videos and video games, computer programs, and many
other mediums of creative expression. To qualify for copyright
protection a work must be creative, exist in physical form, and be
originally produced by the author. A copyright cannot protect ideas,
facts, titles, names, short phrases, or blank forms. Generally,
a copyright is owned by the creator of a work, but
there are some exceptions. If an employee creates a work during the
course of employment, the employer may own the copyright. Likewise, if
an independent contractor creates the work, the copyright may be held by
the commissioning organization. Additionally, if the owner of a
copyright sells the rights to a work, the purchasing party becomes the
copyright owner. In the case that two or more authors
contribute to a joint work, they are considered joint copyright owners
and have equal right to register and enforce the copyright. For works
published after 1977, the copyright is enforceable for the life of the
author plus seventy years. After this time period, the work enters the
“public domain”, and anyone has access to it without infringing on the
copyright. As of March 1, 1989, a published work is automatically
protected as soon as it is created. It is advantageous, however, to
register the work with the U.S. Copyright Office for a number of
reasons.
380
Другие работы по теме:
Napster Essay Research Paper The problems faced
Napster Essay, Research Paper The problems faced by Napster and how it affects us. INTRODUCTION Shawn Fanning let his closely cropped coiffure grow a bit shaggy, so his friends started calling him “nappy.” That evolved into a new nickname, “Napster,” which became the Internet handle he used in chat rooms.
Cyber Battle The People Versus Napstercom Essay
, Research Paper Napster is a music search engine founded by Shawn Fanning about a year ago. It is a software program that allows individuals to search for their favorite music selection by connecting to millions of other users around the world. Napster is basically the simplest way to find MP3?s that you want anytime and the same time be able to share the selections with the world?s largest community of music lovers.
Go Napster Essay Research Paper Shawn Fanning
Go Napster Essay, Research Paper Shawn Fanning, a freshman in college, launched Napster in the beginning of 1999.Napster allows Internet users to share and download MP3 (music) files directly from any computer connected to the Napster network, which could be hundreds of thousands of people.You can use Napster by downloading the software from the Internet site, and then connecting to the network using this software, which allows the sharing of all your MP3 files with anyone else on the network.Unlike many other file sharing networks, Napster limits their users to only download MP3 files.The advantage of these files are that they can be very close to CD quality and are one-tenth the size of a wave file.This is the main reason that many artists and record labels are concerned with the MP3 file format and programs like Napster that makes it very easy to share copyrighted material.The fact
Napster Controversy Essay Research Paper NapsterWhat is
Napster Controversy Essay, Research Paper Napster What is the big deal with the whole napster controversy? All it is is a network, which allows millions of people to share files, which are already available on the Internet.
Napster Essay Research Paper Ruling could doom
Napster Essay, Research Paper Ruling could doom Napster A federal court ruled yesterday that Napster must stop allowing users to swap copyrighted music. Napster officials said they would keep operating while they fought in court. Napster was created by a teenager in 1999. Napster’s software lets computer users trade audio files by connecting with one another.
Napster Essay Research Paper Napster is an
Napster Essay, Research Paper Napster is an integrated browser and communications system provided by Napster, Inc., to enable musicians and music fans to locate bands and music available in the MP3 and WMA music formats. The MP3 and WMA files that you locate using Napster are not stored on Napster’s servers.
Is Napster Illegal Essay Research Paper Is
Is Napster Illegal Essay, Research Paper Is Napster illegal? Tough question… Actually, the issue really isn’t whether Napster is legal or not. The corporate suits and rich-bitch musicians would argue so, but it’s just a cover for their fears. They’re basically afraid of Napster because its done something that hasn’t happened in a while, but so desperately needed to happen.
Napster Essay Research Paper NapsterWhat would you
Napster Essay, Research Paper Napster What would you do if had a access to all the music that you wanted and it was free? Well, in the age of the internet this situation is possible with mp3 s. Mp3 s are compressed digital audio files which has near cd quality sound. It was developed by a German engineering form called Fraunhofer IIS in 1987.
Napsters Problem Essay Research Paper The Problem
Napsters Problem Essay, Research Paper The Problem with Napster The sole reason behind anybody’s discrepency with Napster is because there is a group, maybe even the majority its users abuse what it is capable of.
XNapster Essay Research Paper XNapsterThe infamous Napster
X-Napster Essay, Research Paper X-Napster The infamous Napster under attack for it s pirating of music from famous musician s needs to be shut down. Piracy is a major issue of moral standards, right, and wrong in the entertainment world. Napster is well known for it s sharing of MP3 files through the Internet; taking, receiving, and bootlegging.
Legal Vs Illegal Essay Research Paper Legal
Legal Vs. Illegal Essay, Research Paper Legal vs. Illegal (Napster vs. Music Industry) The issues that will be slugged out in federal district court in San Francisco sound a little too pop culture to be all that serious. How many music CDs are people buying these days in record stores throughout the nation because of Napster? Is the technology that Napster uses legal? Napster is, of course, the wildly popular file-sharing service whose 20 million users have downloaded some half a billion songs–most copyrighted for free.
Dark As Hell Essay Research Paper The
Dark As Hell Essay, Research Paper The Recording Industry Association of America (RIAA) is suing Napster for allegedly enabling music piracy through its proprietary MusicShare program. MusicShare allows music lovers to open up their stores of MP3 files to all other Napster users. Whenever a user is online, his MP3s are up for grabs, with the only stipulation being that users upload a file for each one that they download.
Napster And Musician Rights Essay Research Paper
Music copyright is something that will always be in question. Many people believe that music is for all to hear and should not be restricted on how we obtain it. Napster is the greatest controversy in the United States at current. Many musicians and people believe others should have free access to all music.
The Federal Reserve System Essay Research Paper
Should Napster be prosecuted? Napster a free music sharing software is in the mist of being sued by many music corporation for copyright infringement. Napster users download and upload copyright music without the permission of the copyright owners which is illegal. People who write, perform, and produce the music don’t even recieve a royality from there work which is considered stealing.
Shutting Down Napster Is Not The
Solution Essay, Research Paper Shutting Down Napster is Not the Solution Almost everyone has heard of Napster and its long debated issue s of file swapping and sharing. Considering Napster s short-lived existence of about a year and a half, they have certainly opened many people s eyes. Some say the file swapping that Napster allows everyone to do is illegal; others says it s just another thing to do on the internet.
The Great Napster Essay Research Paper THE
The Great Napster Essay, Research Paper THE GREAT NAPSTER Napster is innovative file-sharing software that lets an online community of music lovers trade MP3 files free of charge. You search for a song by name, and a list of people who have it pops up and you can choose whomever you want to get it from, and in addition, you can see and download any other songs that they may have in their files.
Rogerian Argument
– Pronapster Essay, Research Paper Simple Solution for Napster Lately, there has been a significant amount of concern regarding software programs that promote the sharing of songs at a minimal cost to the consumer. These networks allow users to swap computer files in the form of MP3s among one another via the World Wide Web.
Napster Vs Riaa Essay Research Paper Napster
Napster Vs Riaa Essay, Research Paper Napster vs. Music Industry Napster is an ongoing controversy on the Web. Napster is a software program that allows anyone to find their favorite music by connecting them to the computers of millions of other users. It is the simplest way to find the MP3s they want, whenever they want, and share them with the world’s largest community of music lovers.
The Mp3 Controversy Essay Research Paper A
The Mp3 Controversy Essay, Research Paper A major news item lately has been what is called The MP3 Controversy. It is based on the free trade of music files known as MP3s, which are small enough to be easily downloaded but have the same quality as a compact disc. Computer users are able to download these files from the internet and then burn them onto CDs that can be played in any regular CD player.
The Legality Of Mp3
’s Essay, Research Paper You can hardly own a computer today and not know about MP3 files. MP3 is shorthand for Moving Picture Experts Group (MPEG) 1 Layer 3. It is a compression technique that makes large files smaller for easier storage and downloading. They are widely used and have become very popular recently, especially with the emergence of the file-sharing program Napster.
Napster Debate Essay Research Paper Napster DebateFor
Napster Debate Essay, Research Paper Napster Debate For a project in college eighteen-year old Shawn Fanning wrote a program for a way to download music off the internet. He later put the program on the internet and Napster was born. Napster is a program that allows you to download music on the internet. Since this program is free, many people have downloaded Napster.
Napster1 Essay Research Paper Napster The Napster
Napster1 Essay, Research Paper Napster The Napster Controversy In the controversy against Napster, many supporters fight to keep their freedom alive. This case is about whether the plaintiffs can use their control of music copyrights to achieve control over Napster’s decentralized technology and prevent it from transforming the Internet in ways that might undermine their present chokehold on music promotion and distribution.
RIAA Vs Napster Essay Research Paper The
RIAA Vs Napster Essay, Research Paper The debate over whether or not Napster Inc. is in violation of existing copyright infringement laws is a complex issue. Napster?s defense attorneys
Napster Essay Essay Research Paper Who wouldn
Napster Essay Essay, Research Paper Who wouldn t want to get free music off the Internet? I know I would jump at the chance to be able to get all the music I ve ever wanted for free. This is what the program Napster has attempted to do. But, you have to as yourself, what about copyright laws? What would happen if everybody stopped buying albums because they could get it for free? Napster has broken copyright laws, and album sales have decreased because of Napster.
Napster
’S Upshot Essay, Research Paper Napster’s Upshot Bickering, oh the endless bickering! It seems like that has become the pastime of the record industry and the estimated 32 million Napster users. All this frustration was brought about when Napster revolutionized the use of person-to-person file sharing over the net.
Napster Essay Research Paper The Napster RevolutionHave
Napster Essay, Research Paper The Napster Revolution Have you ever listened to your favorite song on the radio and recorded it? I remember when I would sit next to the radio and listen to it for hours at-a-time, just so that I could record my favorite songs off the radio. Now with computers and the Internet, I would go all over the Internet to look for songs, but only some of the time I was successful.
Napster Essay Research Paper There are many
Napster Essay, Research Paper There are many different controversies when consulting the topic on Napster. Napster is a computer program that lets people download mp3 music files from other people with the program. Lots of people and music companies believe that this is bad and Napster should be stopped or should charge people.
Napster Essay Research Paper Napster is continuing
Napster Essay, Research Paper Napster is continuing to comply with the District Court?s injunction and to prevent the record companies from shutting down file sharing. In the process of doing so, we have implemented a range of filters designed to remove from the Napster service all copyrighted works for which we have received notice.
Napster Essay Research Paper For many years
Napster Essay, Research Paper For many years the record companies have fixed record prices to avoid competing with each other and to maximize their profits. Currently, the record companies are collaborating in order to force Napster to shut down. The record companies are claiming that Napster is breaking copyright laws.
Mobile PhonesInternet Essay Research Paper MobileCell PhonesMobile
Mobile Phones/Internet Essay, Research Paper Mobile/Cell Phones Mobile phones have changed the way the world communicates. With the invention of the cellular phone service in 1983, personal telephones no longer depended on wires. In the 90’s it was now possible to connect to the Internet from virtually anywhere in the world from your cellular phone using satellite services.
Napster Essay Research Paper Napster By Alexis
Napster Essay, Research Paper Napster By: Alexis Alexis Frank IST 333 August 9,2000 Napster In less than one year Napster has become the hot application that has some 20 million users running to their computer. Napster is currently fighting for its life against a court ordered shutdown, but it seems that people will find a way to share and downloud on line music no matter what.
Napster Vs Record Companies Essay Research Paper
Napster vs. Record Companies The evolution of technologies associated with the Internet has had a great influence on our society by allowing its users to access a great variety of valuable resources without leaving the comfort of their home. Simply by connecting our computer to a server through our phone lines, we are given an endless choice of what to do with our time online.
Napster Company Meltdown Essay Research Paper Napster
Napster: Company Meltdown Essay, Research Paper Napster: Company Meltdown? A nineteen-year-old entrepreneur, named Shawn Fanning, created Napster in 1999 as an elaborate plan to download music better from the Internet. Since its creation, Napster has caught on in the cyber world like wildfire. Ask any college student if he or she has heard of this company and you will hear a resounding YES! .