The M Records, Inc. V. Napster - 1439 Words

The purpose of the copyright system has always been to promote creativity in society and protect the creators’ interests. In applying copyright laws to any creation, three basic guidelines apply. First is the fair return for a creators labor, second is â€Å"Fair Use† of the creators’ labor and finally the Progress of Science and useful Arts to further the public good. The application of these three guidelines in litigation for AM Records, Inc. v. Napster, found that the rights of reproduction, and distribution had been violated, in effect upholding the copyrights of nineteen different music companies represented under AM Records name, this ruling had protected the music industries interests. However it would seem that the publishing industry would not be so lucky, litigation in Authors’ Guild vs. Google ruled that Google’s actions constituted fair use. Under these two scenarios’ the copyright laws’ have, effectively, protected the ri ghts of music artists’, protected the public’s right to â€Å"fair use† and sparked new opportunities for creative growth. However, lawmakers continue to struggle to define copyright boundaries between the public’s right of use and the creators right to profit from their efforts. Purpose of Copyright One needs to have a basic understanding of the purpose behind copyright laws as the founding fathers had intended. As stated in the â€Å"Constitution. Article I, section 8, clause 8 of the United States Constitution provides that Congress shall have theShow MoreRelatedThe Napster and Grokster Cases: Differences and Similarities891 Words   |  4 Pagesdebates – peer-to-peer piracy – file sharing. Internet companies such as Napster and Grokster became involved in notable legal cases in regards to copyright laws in cyberspace. These two cases are similar in nature, yet decidedly different. In order to understand the differences and similarities, one should have an understanding of each case as well as the court’s ruling. According to the text A Gift of Fire, Napster â€Å"opened on the Web in 1999 as a service that allowed its users to copy songsRead MoreA M Records Vs. Napster1001 Words   |  5 PagesAM Records v. Napster is a landmark case in which the application of intellectual property laws has forever impacted contemporary culture with regards to digital works. The legal issues and applicable laws presented in the instant case resulted in a holding, which set forth a precedent that has influence the mode and means of digital works distribution. The outcome of Napster affects both businesses and individuals. Napster, a free online file sharing network, allowed peers to share digital filesRead MoreA M Records Vs. Napster Essay978 Words   |  4 PagesAM Records v. Napster is a landmark case in which the application of intellectual property laws has forever impacted contemporary culture with regards to digital works. The legal issues and applicable laws presented in the instant case resulted in a holding, which set forth a precedent that has influence the mode and means of digital works distribution. The outcome of Napster affects both businesses and individuals. Napster, a free online file sharing network, allowed peers to share digital filesRead MoreCopyright And Public Domain Within The Entertainment Industry907 Words   |  4 Pagessectors of television and film to render profitable returns. The case of AM Records Inc. v. Napster Inc., record companies brought infringement action against Napster for the unfair use of copyrighted work and harmed the potentiality of music within the market (239 F3d 1004, 2001). With the burgeoning of the internet age, musicians and artists were faced with the threat of in home piracy, via file sharing programs like Napster, or Grokster. There are claims made suggesting that copyright is a directRead MoreFile Sharing : Copyright For Information Professionals2266 Words   |  10 Pagesproperty. In 1999 a 19-year-old college student co-founded a small file-sharing service that quickly grew and led to a landmark copyright infringement case. Napster, Inc. was a free service that focused mainly on audio files and allowed users to upload and share their files with others. Although similar services existed at the time, Napster was considered more user-friendly and quickly gained widespread notoriety after huge numbers of users began to upload and share MP3 files. This was the firstRead MoreEssay on Intellectual Property in the Age of the Internet1683 Words   |  7 Pagesexponentially when Shawn Fanning created the software for Napster in 1999. It was estimated by the US Congress that peer-to-peer file sharing, increased 600,000,000 times because of Napster-type programs (H.R.4077, p.1). The losses felt both by the Music Industry and the individual artists, such as Metalica are undeniable. Napster was eventually shut down after residing Judge Marilyn Patel, in Napster v. AM R ecords, exclaimed that Napster was à ¬engaging in, or facilitating others in, copying, downloadingRead More Copyrights in the Music Industry Essay examples2359 Words   |  10 Pagesproblem compared to Napster and Peer-to-peer networking (P2P). Napster was a web operated site with free software that enabled users to copy and transfer MP3 files via internet. (Miller R. J., 2011, p. 128) Peer-to-peer or P2P was sharing of resources (such as files, hard drives, and processing styles) among multiple computers without the need for a central network server. Napster was allowing users who downloaded the free software to illegally download artist music. Napster was eventually chargedRead MoreThe Issue Of First Amendment Law2539 Words   |  11 Pagesof English printers and booksellers known as the Stationers’ Company (Moser Slay, 2012, p.15). When the revised version of this act was passed in 1557 requiring that all written works had to be registered with the Stationers’ C ompany in order to record who owned the copy right, it became clear that the Stationers’ Company was essentially a monopoly because they also had the right to find and destroy any works that were offensive. â€Å"This precursor to copyright was therefore a means of censorship ratherRead MoreCopyright Law And Its Effects On The World Of Art2229 Words   |  9 Pagesof art h) Reproductions of a work of art i) Drawings or plastic works of a scientific or technical character j) Photographs k) Prints and pictorial illustrations including prints or labels used for articles or merchandise l) Motion-picture photoplays m) Motion-pictures other than photoplays n) sound recordings. (D) The list above is a wide range of works of art that can be copyrighted and this list has stayed true to today’s works from artists, authors and the like. Anything created by an â€Å"author†Read More The Digitial Millenium Copyright Act Essay3311 Words   |  14 Pagesinformation. The bottom line is that the objective of the Digital Millennium Copyright Act is to prohibit all Internet users from accessing copyrighted materials on the Internet. The most renowned case where this is currently happening is AM Records, Inc v. Napster Inc (Downing 2). The reason the DMCA creates such controversy is that many people believe that the Act puts all of the control into the creator’s hands, which, in truth, is not a balance at all. However, one cannot blame this lack of balance