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... Napster argues that its customers are "fairly" enjoying copyrighted material within the meaning of the rule. The music industry says that the "fair use" doctrine contemplates limited copying and publishing and certainly does not contemplate the sort of widespread copying that goes on in the world of Napster. ...
A copyright is the monopoly on the expression of an idea, not the idea itself. Copyright confers on the owner of the work (who may or may not be the author) the right to reproduce and distribute copies of the work, prepare derivative works, perform and display the work. Anyone who does any of these activities without the owners permission is liable for copyright infringement.
There are three major defenses to copyright infringement. ... There are four factors used in determining whether the activities constitute copyright infringement or fair use: Purpose and character of use, nature of the copyrighted work, amount and substantiality of the portion used, and the effect of the use upon the market. ...
Fair Use involves a consideration of four factors, which must be considered in determination of exception from copyright infringement. ...
Someone downloading mp3s over Napster is infringing, regardless of his or her knowledge of copyright law. ...
The plaintiffs provided evidence that record companies had lost as much as 300 million dollars in lost CD sales and that this reduction in CD purchasing would continue as Napster remained popular. ... Napster countered that their website had promoted CD sales and encouraged the market. The court reasoned that regardless of the market effect on CD sales, Napster was harming the market for record labels to charge for music downloads. "Having digital downloads available for free on the Napster system necessarily harms the copyright holders attempt to charge for the same downloads" (A&M v Napster).
They found that space shifting in this case differs from time shifting because VCRs make material available only to the individual user, while Napster downloading makes the copyrighted material available to unlimited users. ... Each time a Napster user downloads a copy of a song I have composed, I am deprived of the royalty that my work should have earned me.
Approximate Word count = 1695
Approximate Pages = 6.8
(250 words per page double spaced)
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