Lecture 16Computing: Intellectual property, file sharing, copyright, fairuseCurrent Lecture Notes Outline:I. Intellectual PropertyII. NapsterIII. Reasonable exceptions to copyrightI. Intellectual Property- Talk about file sharing to raise economic and regulatory questions in digital media- Copyright law protect the sale of distribution of “copyrighted” materialo Example: novel, music, etc.o Protect producers of cultural material, economic interests in mindo *Copyright owner may or may not be the creatoro Use without permission or payment means infringement, “breaking the law” penalty- Over the years, protections expanded to a wide variety of visual, sound, and computer software productso Together called “intellectual property”- File sharing poses problems in intellectual property lawII. Napster- Early music download software that enabled users to share MP3 files on-line- Napster was sued for infringement by RIAA-RIAA says Napster is not “fair use”o “Fair use” is some copyrighted material does not require permission former payment to the copyright holder– Example: Sut Jhalm and MEFIII. Reasonable exceptions to copyrightFair use exceptions based on:1. Purpose and character use (commercial? Transformative?) – Example: Robin Thicke/Pharell Williams2. Nature of copyrighted material (non-fiction?)– Example: MLK Speeches3. Amount of original work used? ( > or <10%)4. Effect upon work’s value (diminished b non-licensed use?) Comm 121 1st Edition- The idea of culture circulating and the issue of copyright locking it down. Pharell/Thicke songs sound like each other and evoke a reminiscent quality, key to popular culture. Comm 121 1st
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