When Does Fair Use Become Theft and Viceversa

Copyright law, which manages much of the music business industry, tries to maintain a balance concerning the rights of the creator, and the common good in an attempt to drive society forward. In essence, the

In order to understand the issues surrounding modern copyright we must first delve into the history of the law. Most parties generally agree that modern copyright law can trace its origins to the Statute of Anne. Bowker (1912) states that the act, passed by

Art defines us, allowing us unleash our personalities and creative abilities through forms such as painting, sculpture, and, of course, music. For centuries, music artists in specific have exchanged ideas, embracing the culture of combining folk songs and tunes into their newer pieces of music. Today, some music artists wish to carry on with that tradition in what is now known as “rap sampling”. This method of sharing music has now interfered with the modern concept of copyright. With this relatively new legal action used to protect original works, ancient traditions of sharing music can no longer be practiced freely.

Is important for anyone who has created any intellectual property to protect it. In the music industry, in order for someone to protect their work, they must obtain a copyright. Music has been around before anyone could obtain a copyright and when the invention of the computer came along it made it easier for someone to steal another artist's intellectual property with the help of the internet. This paper will cover what events have taken a big role in copyright protection for artist, the consequences if someone was to break the rules of a copyright which is called copyright infringement, and how will a copyright hold in the future. Were copyrights enacted without the thought of life changing technology, and how can some music companies

Copyright Laws Stifle Creativity? Foratv.12 mar. 2009. Web. Nov 12, 2015. Lawrence Lessig is a professor of law at Stanford Law School and founder of the school's Center for Internet and Society. He teaches and writes in the areas of constitutional law, contracts, and the law of cyberspace. Lessig discuss the influences of “remixes” in this generation when everything can be copy and post. He stress the point of the future of originality of arts or ideas in this when everything can the forward. In this context my position was neutral, because I am not completely informed about this issue. As a result, I have not made my mind yet. Lessig is focusing on the informations that the neutral audience need in order to make a decision. He shows us relatively videos, such as the one of a mother celebrating his son, with a song in the background. Lawrence Lessig is using “Ethos,” to deliver his message. He is a recognized Law’s professor and has authority on the subject.So, automatically this impact the audience by trusting his ideas and beliefs. Additionally, I found his message to be persuasive, I would not change it. Because, he is not only an authority in this subject, but he also stress his message while using persuasive arguments. Also, he uses the media and relatively videos, that proves his point and a neutral audience can

Nowadays, the world of music has become one of the favorite ways to enjoy daily activities with people. Moreover, the technology provides an opportunity to people to learn how to produce music. However, here comes a serious problem with the convenience of the easy accessibility to get the music resources, it caused the problems of indiscriminate use and pirated copyright.

The Supreme Court has tried to explain that the Copyright Clause of the Constitution was intended to establish independent, entrepreneurial, self-sustaining authorship and publishing as the means of serving the public interest in securing the production of valuable literary and scientific works. To that one must ask what are the consequences of remix? When I think about it remixing has left a positive and inferior aspect of life for many people. When people are able to steal or copy the work of an individual without any consequence they are sending a clear message saying that they are free of the law. Therefore, I propose that the copyright office of the state of Washington should change the copyright policy of remixing so that it may benefit more people than just the original artist.

Copyright is the legal right, to an inventor to perform, print, publish, film, or record artistic, literary, or musical material, and to allow others to do the same. Copyright law was developed to provide the creators and inventors of any works with powerful and effective rights of exclusivity over their creations (Patterson & Lindberg, 1991). Over the past, these rights were almost unlimited. People would use existing developments as if they were their own without any regard of the creator’s exclusive rights. The need to balance and limit such rights arose, and governments established these limits for the general good of the public.

There are many definitions of copyright laws but according to vox “the purpose of copyright laws is to provide incentives for the creation of new works”(vox). Without copyright laws nobody would want to invent because their idea would be stolen, and that is exactly what Anti-Napster supporters thought Napster was doing. They thought Napster was stealing their music. The RIAA thought that Napster was the same as stealing a cd from a store.(Spack). So the RIAA took matters into their own hands and sued Napster for copyright infringement.

It wasn’t until the landmark 1991 Biz Markie copyright infringement case over his use of a Gilbert O’Sullivan sample on I Need a Haircut that the courts determined sampling constituted willful infringement. Record companies, realizing the cost of an infringement case, pushed artists to declare the use of samples in their works. However, with fear of incurring additional costs, companies and artists also embraced the possibility of being sampled as they often earned royalties for their contributions. Some publishing companies, namely Bridgeport Music, Inc. and TufAmerica Inc., took the profitability of copyright ownership even

Copy infringement laws have become more of a pain for artist simply because it is something that has become popular to sample other works of music. Rarely do people use live instrumentation or create original music. Now everything is just a re-creation of something that has already been done. For the most part the process has been quite simple, but every so often an artist runs into someone who is not willing to allow them to use their work. Which goes back to the point of J.

Music Copyright is a very important aspect of the music industry. The Copyright law was established to preserve the creativity and rights of authors, composers, performers of expression. Copyright is the law that protects the property rights of the creator of an original work in a fixed tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can be seen every where in the music industry. Many music artist of our culture today have been involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry becomes increasingly concerned about protecting the

Fair use is an exemption within copyright law that basically permits anyone to use copyrighted materials without payment and without approval, subject to certain conditions.

Emily Toronto is the director of opera, and associate professor of music at South Dakota State University. She has received a Doctor of Musical Arts degree from Michigan University, and has performed in a multitude of different opera groups. The fact that she is a musician gives her a unique perspective on the topic of copyright. Stephen G. Wood is a law professor at Brigham Young University, and has served as a consultant to the US Department of Labor, and Administrative Conference for the United States. Toronto and Wood begin this publication by explaining why copyright is needed, then continue on to show examples of copyright reforms. They finish by informing music teachers what they can do to encourage copyright reform. This paper argues

Copyright and fair use can be hard to talk about because when you use a video with copyright songs you can't see it. Fair use belief that not all copying should be banned, particularly in socially important endeavors such as criticism, news reporting, teaching, and research. Although the doctrine of fair use was originally created by the judiciary, it is now set forth in the Copyright Act. Under the Act, four factors are to be considered in order to determine whether a specific action is to be considered a "fair use."