The Current Status Of Copyright Law Essay — страница 2

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time has passed between the violation and the lawsuit. A defendant may also claim that the violation was “innocent”; they had no idea that the work was protected by copyright. If a defendant can prove that the reproduction is, in fact, their own original creation, and not a copy, they may successfully defend themselves. Finally, a defendant may claim that the infringement is allowed under the “fair use doctrine”. The fair use doctrine is a very significant limitation of a copyright owner’s rights. There are a few situations in which referencing copyrighted material is considered fair use. These situations include: criticism and comment, news reporting, research and scholarship, nonprofit educational uses, and parody. Circumstances that are considered in determining if a

use is fair include the purpose and character of use, the nature of the copyrighted work, the relative amount of the copied portion in relation to the whole work, and the effect upon the potential market. It has now been almost twenty-five years since the Copyright Act of 1976 was passed, and many new issues have been raised due to technological advancements and the creation of the Internet. Congress passed some new copyright laws in 1998, including digital anti-piracy measures (to prevent removal or bypass of digital copy-protection systems), liability limitations for Internet Service Providers (to protect ISPs from liability for copyright infringements by their subscribers), and license fees for digital and “Webcast” transmissions (to regulate the broadcast of music on the

Internet). Although these measures have been taken, they are just the preliminary steps in the right direction. The widespread popularity and versatility of the Internet is encouraging many new incidences and types of copyright violations. For example, Napster.com is currently being sued for providing the means for individuals to violate copyright laws by trading music with others, free of charge, over the Internet. Only time will tell how Congress decides to deal with the new and growing problems of copyright infringement, but keeping informed of the new and changing legislation will be beneficial to all. Benedict.com. (2000). Copyright Registration. [Online] Available: http://www.benedict.com/basic/register/register.html Benedict.com. (2000). Copyright Notice. [Online]

Available: http://www.benedict.com/basic/basic/notice.html Benedict.com. (2000). Copyright Protection. [Online] Available: http://www.benedict.com/basic/basic/scope.html Benedict.com. (2000). The Fair Use Test. [Online] Available: http://www.benedict.com/basic/fairuse/fairtest.html Miller, Roger LeRoy, & Cross, Frank B. (1999). The Legal Environment Today: Business in Its Ethical, Regulatory, and International Setting. New York: West Educational Publishing Co. Nolo.com. (2000). Copyright Basics FAQ. [Online] Available: http://www.nolo.com/encyclopedia/articles/pct/pct13.html Nolo.com. (2000). Copyright Ownership: Who Owns What? [Online] Available: http://www.nolo.com/encyclopedia/articles/pct/pct16.html Nolo.com. (2000). Copyright Protection: What It Is, How It Works [Online]

Available: http://www.nolo.com/encyclopedia/articles/pct/pct18.html Nolo.com. (2000). Copyright Registration and Enforcement [Online] Available: http://www.nolo.com/encyclopedia/articles/pct/pct23.html Nolo.com. (2000). When Copying Is OK — The ‘Fair Use’ Rule [Online] Available: http://www.nolo.com/encyclopedia/articles/pct/pct75.html Nolo.com. (2000). Copyright Law Changes That May Affect You [Online] Available: http://www.nolo.com/encyclopedia/articles/pct/legislation98.html