Copyright Infringement

9 Pages 2128 Words

ples of United States copyright law. Next, the paper will explore the landmark case involving Napster and copyright infringement. This paper will also show the defenses Napster used to fight accusations of copyright infringement. Finally, this paper will conclude that Napster violated copyright laws.
There is a sea of controversy that surrounds Napster. From independent artists, to major record labels, to generational divides, to free speech experts; everyone has an opinion about the peer-to-peer file sharing software.
New artists look at Napster as a way to get their music into mainstream rotation. Many artists whose music is not available to be heard on MTV or BET can be heard on Napster. Internet music circulation provided great advantages to independent artists who do not want to see the new outlets cut off, especially by the Record Industry Association of America because they have held independent artists back enough already.
Where peer-to-peer file sharing could expose an unsigned artist, it has the potential to hinder the progression of well-known artists. Record sells are bound to drop when there is access to entire CDs on Napster for free. Because artists essentially have no control over Napster, they have formed hesitant opinions.
Many have began to examine the shutdown of Napster and the infringement on First amendment rights. “The argument goes like this: Given changing technology, copyright law has become more of a restriction on free expression than an engine of free expression,” said Eugene Volokh, free-speech expert. Many people believe “the marketplace of ideas would thrive more fully if people were free to copy,” Volokh added. “The U.S. Supreme Court has held that using another person’s copyrighted expression can be prevented by copyright law and does not violate the First Amendment?” Volokh concluded.
The Napster controversy also is split down a generational divide. “Online us...