...Legal Concepts Worksheet Concept Application of Concept to the Issue of Downloading Reference to Concept in Reading The Law of Property – Intellectual property law Property is one’s legal right to exclude others from various resources due to the ownership of those resources. With the rise of e-commerce and the increase of music sales or downloads online, the law of property can be applied. Music producers consider their music their property and protect them from public use and public download. The law of property “establishes private exclusive rights in resources. It is through the law of property that individuals and business organizations can possess, use, and transfer their private resources” (Reed et al, 2005). “Intellectual property laws arose out of the common law, but they also reflect constitutional and statutory adoption. Article I, Section 8, of the Constitution grants the power to Congress “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”” (Reed et al, 2005). Legal regulation as a source of value for business ethics When downloading music online, there is a thin line between what is ethical and what is legal. Transferring of music downloaded from a website, even if paid for, can be unethical. At the same time, it can be considered illegal practice. For example, if I download a song from the internet and pay five dollars for...
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...photo it is a common thing to do, and we do not think about the copyright or if the thing we are sharing, has an originator. However, the sharing does not only consist of photos it is also movies, programs and other large and expensive things. 1. The text 1 “It’s evolution, Stupid” by Peter Sunde is a text speaking for illegal downloading of movies, music etc. on the internet. Peter Sunde is a co-founder and ex-spokesperson of “The Pirate Bay”, which is a BitTorrent search engine. Peter Sunde believes it is evolution, he says: “Instead of looking at evolution as something inevitable, the industry has made it their business to refuse and/or sue change, by any necessary means” (p. 2 ll. 16-19) He believes that the entertainment industry refuses to evolve as the only industry and that they try to stop it. He also believes that what he is doing isn’t illegal and neither did the Swedish prosecutor, who sent out a memo saying: “…TPB wasn’t guilty of “main”-crimes – at best it aids and abets…”. Furthermore, he believes that the entertainment business is corrupt and that it controls the internet, he says: “The internet is being controlled by a corrupt industry. We need to stop it.” (p. 3 ll. 88-89) Text 2 “You like my poems? So pay for them” is an article written by Wendy Cope who is an acclaimed English poet. The text deals with the importance of copyright for the originators of poems. She finds that the amount of illegal publishing of poems is enormous, she writes: “If I Google the...
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...The Cause and Effects of Illegally Downloading Music The concept of downloading music has been around since the late 1990s, around the time when we started seeing networking sites appear on the internet. These sites allowed users to post and share music and software files with other users, usually at no cost. Most artists rely on their music careers for sole financial support. With the increase of illegal music downloading, artists lose out on income, it prevents future artists from wanting to pursue a career in the music business and in some cases cause them to miss out on contracts. Illegal music downloading also places the individual at risk for criminal charges. The amount of illegal downloading that occurs today makes it even harder for some musicians to make a living from their music. If artists are not able to make a profitable amount of money in the music industry, the number of people wanting to continue or pursue music will be greatly reduced. With online communities dedicated to sharing music, this trend does not seem as though it will end anytime soon. Once a part of these communities, individuals can and will acquire (whether by paying or for free) the music and turn around and share it with friends and family members. Illegal downloading and sharing is the reason for loss of income in the music industry. Global music piracy causes $12.5 billion of economic losses every year (RIAA - Anti Piracy, 2014). If the amount of money that goes in to the music industry...
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...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...
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...Copyright violation and illegal downloading Copyright violation and illegal downloading have been a major problem for the entertainment industry. People all over the world downloading songs, movies, books etc. Without knowing that they might be breaking the law. 1. In text 1 Peter Sunde is telling us his attitude to the media industries willing to evolve like every other kinds of industries. And when somebody like him are trying to go up against them, he tells a story which is very close to Hollywood’s own mafia films, where corruption and false play is a part of the daily diet. He believes that copying movies is not wrong, and that moviepiracy should become legal. He also makes it clear, that he thinks people and organizations who oppose the legalization of movie are at fault, and therefore should change themselves. Peter Sunde also urges people to fight against the copyright violation law, and to stop letting a corrupt industry control the internet. Opposite Peter Sunde, Wendy Cope intensively fights copyright violation, first of all by writing and publishing her article ”You like my poems? So pay for them”, but also by writing on the subject ”copyright violation” in an attempt to stop the spread of the ignorance of the copyright law. In her article she points out different reasons for there to exist a law protecting author’s and moviemakers from being robbed their work and money, and why internet piracy is wrong. One of the reasons and arguments is that many author’s...
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...files freely and having any music desired right at your fingertips had never been possible before. However, this program that provided the privilege of having free instant music to download did not last long, it was shut down after just two years by court order. The fact that it was a peer-to-peer file sharing system (p2p) brought up a lot of legal issues and was what turned Napster into a huge copyright infringement operation by the Recording Industry Association of America (RIAA) (Mayer, 2008). Music artists like Metallica and Dr. Dre were upset that their songs were available to Napster users that hadn’t even been officially released yet (2001). According to the court, Napster users were in violation of copyright infringement along with Napster itself as well. Thousands of lawsuits were filed again users caught illegally downloading music and Napster was officially ordered to be shutdown on July 26 2000 (Wikipedia). According to Cary Sherman, senior executive vice president of RIAA, Napster was facilitating piracy, and was trying to build a business on the backs of artists and copyright owners. There are other ways to promote music and artists then by pirating music files (Townley, 1999). The Napster brand and logo was bought out at a bankruptcy auction by Roxio, which led to Napster 2.0, a...
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...ONLINE PIRACY: JAYWALKING OR THEFT? Introduction Online piracy is one of the most difficult problems to solution. Online piracy is the illegal downloading or copying of materials or intellectual property that are copyrighted. Intellectual property is an expression or knowledge owned by another individual. There are several forms of piracy that invade the online world – music, movies, software, and videogames. The issues surrounding online piracy revolve on the difference between physical property and intellectual property. The videogame content is an intellectual property while the CD of the videogame is a physical property. Since piracy is a problem for most software companies and the entertainment industry, this has encompassed copyright violations. Copyright pertains to the legal right that serves as protection for works that have been created. A copyright provides the purchaser an exclusive right to produce copies of the intellectual property. The problem of online piracy gained attention during the period when Napster allowed internet users to exchange digital music files through the use of peer-to-peer technology. In 2000, Napster had over twenty million users. What made the site very controversial was the unlimited access that the users have to copyrighted music. The downloading of files was not realized as a means of practicing piracy. Stealing was never considered their ultimate purpose. Major issues Brian Lee ordered a videogame which apparently did...
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...Industry Association of America (RIAA) sued former Boston University student Joel Tenenbaum for file sharing 30 songs he illegally downloaded from the Internet. According to Bloomberg (2012): The court, without comment, refused to hear Tenenbaums challenge to a law that let the recording industry collect thousands of dollars from individuals for such downloading. The jury was told to impose damages, set by US copyright law, of between $750 and $150,000 per violation. Jurors set a rate of $22,500 for each of 30 songs he downloaded. (para. 2) A jury subsequently ordered Tenenbaum to pay $675,000 in fines directly associated with each of the 30 illegally downloaded and shared songs. "I find it hard to believe that the legal system would uphold a six-figure sum against someone just for downloading music," Tenenbaum says (Brown, 2012, para. 4). I was interested in this case because Tenenbaum was one of the first two people in the United States to have this type of case taken to the Supreme Court. At the same time this case was going on, I was also downloading and sharing music and movies as well until I learned of the illegal status of doing so. The fact that I was doing the same thing at the time...
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...Free downloading: the real culprit Stéphane V. English Research Paper December 2012 ------------------------------------------------- Contents Introduction 2 I) Surprisingly enough, Internet users should not be punished 3 II) The real culprits are illegal websites and software 5 III) Solutions to illegal download 6 Works cited 8 Is it right to punish people who illegally download films and music? ------------------------------------------------- Introduction S ince its creation in the 1990s, the Internet has been allowing the exchange of various kinds of data all around the world in the twinkling of an eye. Nowadays, this essential communication tool has become the best way to ‘share’ and download any kind of media such as films or music without paying for it. Despite the great opportunity that it can represent for many, it has its advantages and drawbacks. Indeed, since technology developed faster than expected, illegal downloading raises the issue of copyright. Isn’t the use of peer-to-peer software an abusive use of the Internet? Is it fair that singers, producers, actors or any artist are deprived of the benefits they deserve thanks to their work? Obviously not. But who should be the culprit? Public opinion would say that anyone who is doing something illegal has to be punished so illegal downloading should logically be severely penalized. But let us go a little further that this statement. I reckon that Internet users should not be punished...
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...Illegal Downloading of Copyrighted Material Jacob McGuire DeVry University 04/16/2015 Professor: Arthur Basler Illegal Downloading of Copyrighted Material I want to paint you a picture. The picture has two sides. One side is a group of copyright owners that live in a system and a mindset that has not been updated in over 100 years. This group has not adapted to the changing times. On the other side of this picture you have individual people that what to experience what artist of music, movie and software present to the world. What I am presenting to you is world around illegal downloading of copyrighted material. The question I present to you is this, how can we bring both sides of this picture together with both sides being able to get what they want? To begin lets go back a few years to around 1998. I am sure most of you have heard of Napster. For those that didn’t think was a new file sharing program that was able to download copyright material digitally. The processed worked by taking small parts of the overall file from multiple sources and piecing them back together on your end as a whole file. This was a huge problem to the recording industry and as such saw their record sales fall. Instead of the recording industry trying to work with the leaders of Napster and other programs to come up with a solution, the recording industry along with some artist sued Napster for lost revenue. In the end Napster lost their court battle, but this was not the end of illegal...
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...Zoe Tse Internet and Music “Just gonna stand there, and watch me burn, but that's alright because I like the way it hurts. Just gonna stand there and hear me cry, but that's alright because I love the way you lie.” Have you ever heard this song, Love The Way You Lie? This song was a big hit these few months. Where do you hear this song from? Probably in the mall, by buying a CD, or from internet, people can listen to this song. If people get this song from the internet, they only have to make one click to download for free, and then transfer to their cell phone, iPod, or mp3 very easily. Nowadays, music is very popular in United States such pop music, R&B. The more popular music becomes, the more people download. Obviously, the internet is threatening the artists, and no one knows what the future of music industry will be. The music industry is more prosperous than before. A long time ago, the only way musician could earn money was to compose music for the operas. There were many musicians who were poor, but they were famous after they died. For example, Wolfgang Amadeus Mozart (1756 - 1791), who was a talented musician, created a lot of famous musical compositions. Although he composed many songs for the operas, he lived in poverty and was not famous when he was alive. Artists couldn’t make much money in the past. In the 60s, when the Standard-playing Record, SP, was invented by Emile Berliner, music became widespread because musicians recorded and sold their compositions...
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...America, however, doesn’t share the enthusiasm about these file sharing practices. To them, it is stealing from the record company and from the artist themselves. Consumers don’t tend to see it that way. The issue that arises here is whether or not should music be accessible for free trade over the internet. On the one hand, it is thought that MP3 downloads reduce sales of legitimate CDs. On the other hand, it can be argued that downloading free MP3s could actually encourage someone to buy a CD which they may not have purchased had they not heard it in its entirety. This is known as the sampling effect. The focus of this research paper will be to paper analyze the impact of music file sharing on the demand, supply, and prosperity of the music industry. The music industry is presently in a state of alarm. Many believe this is attributable to the capability of the Internet to lower costs for authorized as well as unauthorized copies, with the second being significantly more ubiquitous. In this paper, I will discuss the intent of copyright, the role of copying and file-sharing, the difference between explorers and...
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...Introduction: Intellectual Property and The Copyright Industries in the Digital Age. Intellectual Property is the expression of an idea in the form of a material. Any product that is distinguished with its unique value becomes entitled to a protection by law. There are three different types of intellectual protection; patents for inventions, trademarks for names, logos, devices and etc. that are used in trading and lastly copyrights to protect copyright owner’s work from infringement securing exclusive rights to reproduce, to distribute and to obtain commercial profit. However there are four stages that each work has to proceed to qualify for the copyright protection; 1. According to the section 1(1) of Copyright Designs and Patents Act (CDPA) 1988, the product must fall in one of these work categories: - Primary Works: Literary Works, Dramatic Works, Musical Works and Artistic Works - Secondary or Derivative Works: Sound Recordings, Films, Broadcasts and Published Editions. 2. The expression of the idea in other words the creation must be in a recorded form. This only applies to the works of literature, drama and music. 3. Works must be “original”. Originality is measured by skill, effort, talent and labour put in to the product during the creative process. 4. The author and the work must show a sufficient connection to the UK to gain protection under UK law. All of the businesses that exploit a commercial...
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...business in support of UNTHSC’s organizational mission. UNTHSC is the legal owner and operator of all electronic communication resources purchased or leased with UNTHSC funds. All electronic records are the property of UNTHSC, not of the individuals creating, maintaining, sending or receiving such data or information. Each person granted access to UNTHSC electronic communication resources and electronic records is responsible for appropriate use as stated within this policy as well as adherence to all applicable federal, state and local laws. UNTHSC reserves the right at any time to limit, restrict or deny access to its electronic communication resources and records, as well as to take disciplinary and/or legal action against anyone who is in violation of this policy or applicable laws. Application of Policy. This document establishes organizational policies and procedures regarding the use of electronic communications. This policy applies to: 1. All electronic communication resources owned, leased, provided and/or managed by UNTHSC; 2. All users and types of use of UNTHSC electronic communication resources; 3. All electronic records generated or maintained in the transaction of UNTHSC business or stored within a UNTHSC electronic communication resource. Definitions. 1. Electronic Communication Resources: Telecommunications equipment, electronic audio/video devices, encoding/decoding devices, computers, servers, data processing or storage systems, mobile communication devices...
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...Copyright Implications Paper Your name IT 236 9/9/2015 A copyright oversees design on websites divide from the substance in the site. A copyright of design deals with logos, graphics, as well as colors that you will find on a site. It will defend you from unlawful use of your images and colors by other people. This will forbid the copy of any of your designs. When building a new website is best to use all original designs to guarantee that you are not breaking in copyright laws. If you plan to use online photos or graphics use free stock photos or make sure you have written permission to exploit the designs in your own websites. It is important to know just what constitutes copyright infringement or violation. This can include printing a webpage, using a graphic or color scheme off of a website, copying the html or code from the page, or downloading it to your hard drive. If you utilize any of this for personal use, most designers wouldn’t have an issue with that. You should also understand that even though a site may not have a copyright notice, they are still protected by copyright laws and it is important to adhere by those laws. Adding a watermark or using copyright software to implant protection into an image or design are two ways you can keep your own designs confined. Use of other’s work online without consent is illegal. You should always perform integrity when dealing with these issues. The best way to guarantee you are doing the right thing is to...
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