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Extracts from this document Introduction. February LLB (hons) Full time; Year One. (See separate sheet for full page of references) Tort Coursework;.

Finally there is the medium of hard copy CD-R distribution.

Litigation records also show that the vast majority of raids and lawsuits are carried out against the more regular form of pirate operations where tangible mediums are created for the black market. Further to this, despite clear requirements for effective remedies to act as a deterrent to the practice of copyright infringement, the overwhelming cost of seizure and destruction of pirated goods is inhibiting to the cause. It may at first seem that such activities are not in keeping with the analysis of the internet as a medium that possibly hinders or facilitates the control of this crime.

However, it must be remembered that the internet as a medium of electronic transmission is an ideal way in which crime syndicates can transmit entire albums, instantaneously overseas, in order for foreign operations to manufacture thousands of copies of their own.

Illegally Downloading Music

As well as the process of instantaneous transmission facilitated by email attachments for the purpose of sending music to be distributed in CD-R form, piracy that is facilitated by the internet phenomena differs profoundly from the more traditional methods of piracy distribution on account of its intangible counterpart. The first reason is the simple fact that there is instant access from the comfort of ones own home to remote files.

Prior to the internet, those who sought pirate copies of videos and cassettes had to physically seek the distributors whereas, until the enforcement of copyright laws in the internet in , they were effectively more readily available than legal high street mediums.

Introduction

Ease of access led to a huge slump in media revenue in and The second reason for the profound difference between internet and analogue piracy is that, old considerations of the analogue mediums such as, poor quality, illegal video cassettes that spoil your viewing pleasure, are no longer an issue as digital reproduction from the internet is capable of producing perfect copies of both movies and music. This is however more a result of the digital era as opposed to the internet, when coupled with the concept that a single track, when uploaded, has a global reach, it becomes clear that the internet, as a world-wide medium for the distribution of near perfect reproductions, which is a highly dangerous tool that greatly hinders control of the crime of piracy.

There are four international treaties that currently protect the interests of copyright owners. The first is the Berne Convention for the Protection of Literary and Artistic Works that is administered by the WIPO and is the main protector of rights of authors and composers to authorise or prohibit reproduction, widespread communication and adaptation of their works.

Secondly, the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations is the treaty that protects the record producers themselves by creating rights for payment for the broadcast of products under their labels.

Digital Music Piracy Essay

The third general international provision is that of the Universal Copyright Convention UCC which also protects authors and other copyright proprietors against unauthorised reproduction. The treaty also provides for a right to authorise or prohibit commercial rental of works and also sets out detailed requirements relating to enforcement such as the requirement for remedies and procedures that adequately deter piracy. The Geneva Convention for the Protection of Producers of Phonograms Against Unauthorised Duplication of their Phonograms the Geneva Phonograms Convention, came into force in and was created to combat the increasing phenomena of music piracy.

It is more in tune with traditional methods of distribution, such as unauthorised import and distribution but the internet acts as a potential way round this by facilitating electronic transmission. There are two WIPO Copyright Treaties which are specifically drafted for the purpose of bringing copyright theft regulation into the digital age and therefore merit the greatest attention. The main rights granted extend the copyright theft notion to distributions of computer programs, unauthorised internet use and the protection of electronic methods of protection such as locked documents that hinder ability to remove or alter programs.

Unauthorised distribution of media products was always illegal on account of the above international treaties and saw a concerted effort on the part of IFPI after a slow reaction by governments to react to the obvious drop in record sales that became greatly exasperated by increased technological capabilities of broadband in the downloading of music and video files. Since , there has been a huge increase in internet piracy prosecutions, which are a direct result of the work of international organisations representing the cause.

Further to this, a number of initiatives, designed to curtail public use of pirate services, have also been implemented across the world. The IFPI is an organisation that was set up by the International Standards Organisation ISO in order to represent the recording industry in over 75 countries that contain nearly record labels. Among its priorities is the specific focus to concentrate on the prosperity of the recording industry in the new digital era.

In order to achieve this objective, its activities include, anti-piracy enforcement, government lobbying to the cause and litigation against copyright thieves. This awareness campaign, which was targeted at Spanish universities, aided in teaching educational institutions of the dangers of transmitting copyright material.

Free music piracy Essays and Papers

The crackdown was on an operation that was intruding on University networks to transmit thousands of pirated music and video software. The use of this method is an ideal tool for the identification of illegal copying in pirate industries. However, it is clear that this method of tagging has drawbacks when taking into consideration the phenomenon of internet piracy.

This is because internet piracy churns out millions of illegal copies of music and music videos that are scattered all over the world. The key to enforcement no longer lies in the identification of the copy as illegal, but in the coordinated location of website engineers responsible for uploads and illegal download services and the immediate shutdown of their operations.

One of the key methods used by the IFPI of lobbying for government to enforce and even create their own copyright laws is provided via the regular compilation of market research and global industry statistics that illustrate record sales declines as a result of pirate activities. The way in which this is channelled is via a number of regional offices that are located across the globe and they work closely together with national groups.

It is however true that all of this cannot work without effective enforcement mechanisms that will countermand the effect that the internet has on hindering crime control. Following vast crackdowns, there have been a number of instantaneous closures of illegal sites dedicated to piracy of music and film but many still remain hidden without search engine guides. This was clearly a form of reducing the power of the internet as a medium for piracy but would it be possible to use the internet to aid in law enforcement?

However, there are a myriad of human rights factors to take into consideration, especially in relation to privacy under Article 8 of the European Convention for Human Rights. In any case, where one route for the transmission of albums and DVDs is located, the pirates will simply create another. There is no way of preventing pirate transmissions via the web.

On the contrary, it has been established that the internet is a powerful tool for the facilitation of instant access to entire albums for networks of colluding crime syndicates. Analysis of the ways in which piracy may be carried out via the net also shows that mechanisms of enforcement are all geared towards reducing the power of this medium as opposed to exploiting it by creating a cyber watchdog.

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These claims included accusations that Napster liable for vicariously allowing users to infringe upon existing copyrights and were even encouraging users to download unlicensed copyrighted materials. Once the recording industry won this landmark lawsuit, Napster ceased offering their file sharing services to users and soon filed for bankruptcy.


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Today, most people who make the decision to download music illegally do so by using new peer-to-peer networks like BitTorrent. The BitTorrent protocol is capable of handling massive amounts of data very quickly and is notoriously popular for individuals who upload and download unlicensed copies of movies and television programs.

In more recent years, dozens of major record labels and Hollywood studios have begun offering legal videos and tracks through BitTorrent in order to distribute their content on their own terms and avoid the pirating of their content. When it comes to understanding internet piracy and the music industry, it is important to note that the legality of downloading unlicensed copies of music over the internet vary considerably from one part of the world to another.

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For example, Canada is extremely tolerant of internet piracy and has gained a reputation for providing a legal haven for file sharers. Illegal file sharing has become such a major part of the culture in countries like Spain and China that the music industry no longer considers it possible to make a profit by distributing their content through traditional methods. As a result, some music studios and filmmakers refuse to even market their products in these regions in order to protect their products from rampant copyright violations.

They have become…. The world of classical music has become little more than a walled in ghetto for….