Napster Inc For Copyright Infringement example essay topic

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 (web), launched early in 1999, allows internet users to share and download MP 3 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 MP 3 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 MP 3 files only. These files are compressed wave (. wav) files.

The advantage of MP 3 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 MP 3 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 agains Napster, effectively shutting down the popular song sharing service. The Recording Industry Association of America (RIAA) and the National Music Publishers Association (NMP A) 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 MP 3's. 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 web and web) 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 "MP 3 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 (web). 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 (web) have partnered with sites like e-music. com to sell full albums and single songs in MP 3 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.