Reading Copyright and the Issue of Downloading
When you buy music legally, there is usually a copyright mark somewhere on the product. Stolen music generally does not bear a copyright mark or warning. Either way, the copyright law still applies. A copyrighted creative work does not have to be marked as such to be protected by law.
“The copyright allows the holder to control the reproduction, display, distribution, and performance of a protected work,” (Corley, Moorehead,, Reed, & Shedd, 2004).
Example: A person wants the new Rolling Stones CD or perhaps they are looking to make a nice music compilation for playing at a party. For many people it is as simple as opening one ...view middle of the document...
S. Copyright Office, 2008).
Example: A musical artist’s composition is original in the copyright sense because it owes its originality to the artist, therefore, the work can be original due to the rendition without being novel or unique in content (words or melody). Additionally, a work can incorporate pre-existing material and still be original. When preexisting material is incorporated into a new work, the copyright on the new work covers only the original material contributed by the artist.
If music is protected by copyright and a person does not have the copyright holder’s permission, U.S. copyright law prohibits unauthorized. There are sites that offer music for legal downloading and must state within the site that they have the copyright owner’s permission. “Copyright Law protects authors rather than inventors. An author creates works of a literary, dramatic, musical, graphic, choreographic, audio, or visual nature – ranging from printed material to photographs to records and motion pictures, these works receive automatic federal protection under the Copyright Act of 1976 from the moment the author creates them,” (Corley, Moorehead,, Reed, & Shedd, 2004).
Copyright protection arises automatically when an original work of authorship is fixed in a tangible medium or expression. Registration with the Copyright Office is optional, but you have to register before you file an infringement suit.
The use of copyright notice is optional for works distributed after march 1, 1989. Copyright notice can take any of these forms:
1. © followed by a date and name.
2. “Copyright” followed by a date and name.
3. “Copr.” Followed by a date and name.
Example: Downloading and uploading is stealing. If it is done without the permission of the copyright holder, its legally no different than walking into a music store, stuffing a CD into your pocket, and walking out without paying for it.
“Copyright protection is automatic, an action for copyright infringement cannot be begun unless the author has properly filed copies of the protected work with the Copyright Office,” (Corley, Moorehead,, Reed, & Shedd, 2004).
“The copyright owner has five exclusive rights in the copyrighted work:
1. Reproduction Right
2. Modification Right
3. Distribution Right
4. Public Performance Right
5. Public Display Right,” (U.S. Copyright Office, 2008).
The No Electronic Theft (NET) Act criminalizes sound recording copyright infringements occurring on the Internet regardless of whether there is financial grain from such infringements.
A copyright is infringed when a song is made available to the public by uploading it to an Internet site for other people to download, sending it through an e-mail or chat service, or otherwise reproducing or distributing copies without authorization from the copyright owner.
In civil cases copyright infringement can occur whether or not money was...