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Essay example - Law in the media
Journalism & Communication
Pages 11 (2761 words)
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…
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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)). ...
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