Copyright law and music piracy

Washington understands the importance of the music business, passing and amending copyright laws to benefit and manage the music industry for well over a century. Despite this importance, many artists have very little information regarding copyright, or worse, rely on knowledge about rules that have changed dramatically in the past quarter century. This column provides an overview of essential copyright issues that every musician should know.

Copyright law and music piracy

Terminology[ edit ] The terms piracy and theft are often associated with copyright infringement. However, copyright is a type of intellectual propertyan area of law distinct from that which covers robbery or theft, offenses related only to tangible property.

Not all copyright infringement results in commercial loss, and the U. Supreme Court ruled in that infringement does not easily equate with theft. Hotfile, where Judge Kathleen M. Williams granted a motion to deny the MPAA the usage of words whose appearance was primarily "pejorative".

This list included the word "piracy", the use of which, the motion by the defense stated, serves no court purpose but to misguide and inflame the jury. Those who violated the charter were labelled pirates as early as United States that bootleg phonorecords did not constitute stolen property.

Instead, "interference with copyright does not easily equate with theft, conversionor fraud. The Copyright Act even employs a separate term of art to define one who misappropriates a copyright: The word itself had already been in use since the 16th century, referring to pirates, and meant "looting" or "plundering".

This form of the word — a portmanteau of " freeloading " and " bootlegging " — was suggested by YouTuber and podcaster Brady Haran in the podcast Hello Internet.

Some of the motives for engaging in copyright infringement are the following: For example, inthe US Army settled a lawsuit with Texas -based company Apptricity, which makes software that allows the army to track their soldiers in real time. The statement occurred during the third year that the festival used the Internet to present its content, while it was the first year that it featured a showcase of content producers who work exclusively online.

Cusumano further explained that downloading behavior is not merely conducted by people who merely want to obtain content for free: I think that if companies were willing to put that material out there, moving forward, consumers will follow. People will pay for the content.

The list of reasons for downloading given by the study respondents included money saving; the ability to access material not on general release, or before it was released; and assisting artists to avoid involvement with record companies and movie studios.

Someday they will, though. The strong tradeoffs that favor using digital piracy in developing economies dictate the current neglected law enforcements toward digital piracy.

A visitor from the west gave her bootlegged copies of American movieswhich she dubbed for secret viewings through Romania. In countries with copyright legislation, enforcement of copyright is generally the responsibility of the copyright holder.

For example, major motion-picture corporation MGM Studios filed suit against P2P file-sharing services Grokster and Streamcast for their contributory role in copyright infringement.

Grokster case did not overturn the earlier Sony v. Universal City Studios decision, but rather clouded the legal waters; future designers of software capable of being used for copyright infringement were warned.

If the work was produced under corporate authorship it may last years after creation or 95 years after publication, whichever is sooner. Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights TRIPs requires that signatory countries enable courts to remedy copyright infringement with injunctions and the destruction of infringing products, and award damages.

In some jurisdictions, copyright or the right to enforce it can be contractually assigned to a third party which did not have a role in producing the work. When this outsourced litigator appears to have no intention of taking any copyright infringement cases to trial, but rather only takes them just far enough through the legal system to identify and exact settlements from suspected infringers, critics commonly refer to the party as a " copyright troll ".

Such practices have had mixed results in the U.Music publishers may provide value for composers because these companies seek to promote the use of compositions in their catalog for use in films, television, advertising, ringtones and video games in addition to sheet music and music books.

But the Thomas-Rasset case shows how seriously the music industry, and the RIAA, takes piracy. In fact, a very similar case, a federal appeals court upheld a $, judgment for the RIAA against a graduate student in September Chapters Title 17 of the United States Code.

Chapter 1: Subject Matter and Scope of Copyright.

II. Legal Framework

Chapter 2: Copyright Ownership and Transfer. In order to understand what music piracy is one must first define it. According to Piracy (), music piracy is when a person utilizes copyrighted music without either purchasing it, or petitioning the songwriter, or singer for permission to use the music.

In the late 20th and early years of the.

Copyright law and music piracy

The term "piracy" has been used to refer to the unauthorized copying, distribution and selling of works in copyright. The practice of labelling the infringement of exclusive rights in creative works as "piracy" predates statutory copyright law.

This report is the result of that effort. In addition to identifying the shortcomings of the current methods of licensing music in the United States, it offers an in-depth analysis of.

Music Piracy — IFPI — Representing the recording industry worldwide