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Law in the media - Essay Example

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File-sharing networks are diffuse and decentralized, therefore it is difficult to pinpoint who is supplying works to the public. Moreover, new technologies, such as BitTorrent, complicate matters because only bits of files are downloaded from a swarm of people, and this swarm of people may not be considered to be the individuals making the work publicly available. BitTorrent also relies upon temporary files that are created, bit by bit, before the permanent file is assembled, and the CDPA 1988 does not cover these temporary files. Another issue is that there are copyright protections that may be used, and the CDPA 1988 does not make it illegal to circumvent these protections. For these reasons, it seems that the CDPA 1988 is not keeping up with the ever-changing digital world, and should not be used by artists who are harmed by file-sharing and BitTorrent, as it is difficult to apply the Act to these copyright infringements. Copyright, Designs and Patents Act 1988 A copyright is, in a nutshell, an exclusive right that someone can own to “copy the work; issue copies of the work in public; perform, show or play the work in public; to broadcast the work or include it in a cable programme service; or to make an adaption of the work or do any of the above in relation to an adaptation.” (Copyright, Designs and Patents Act 1988 II(16)(1)(a-e)). ...
Copyrights expired after 50 years. (Copyright, Designs and Patents act 1988 I(12)(1)). Basically, if you create a piece of music, you own that piece of music for fifty years. You, and you alone, have the right to copy your piece of music, issue copies to the public or perform the music, broadcast it or adapt it. It is yours. If you wrote the lyrics, then you own the lyrics. If you wrote the music, then the music is yours. If you performed the music, then you own the recording of the live performance. Sound recordings are owned by the maker of the recording. (MIPI). The Problem with The CDPA in the age of the Internet The CDPA, having been crafted in 1988, could not have foreseen the developments that implicate copyrights in the Internet Age. For instance, one of the major copyright infringements is something that was not explicitly covered by the CDPA – illegal file-sharing, which is tantamount to Internet piracy. Internet piracy is the cause of falling CD sales across the board, as sales have steadily fallen year to year since piracy began. (Music Industry Blames Huge Illegal Download Market for Ever-falling Sales). The largest academic survey, commission by the University of Hertfordshire found that teenagers and students have, on average, more than 800 illegally copied songs on their digital music players. (Sabbagh, 2008). The problem is not just with peer to peer networks, but also in the common practice of lending CD to a mate and allowing them to copy the CD. This has the same chilling effect as does the illegal downloading of songs off the Internet, and hurts artists and the industry just the same. (Music Copyright – Featuring Jamelia). One of the problems with illegal downloads is ...Show more
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Introduction The Copyright, Designs and Patents Act 1988 (CDPA) is an act that defines copyrights. One of the provisions of the act is that it is a copyright infringement to issue copies of a copyrighted work to the public; another copyright infringement is to copy copyrighted work…
Law in the media
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