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Paul Sparks, Online Business English Lesson Plans, Lesson Material and Ideas for
Grade 2 English Conversation Lessons at Xiangtan Normal University...
Lesson 5 -
Music - The Issue of Copyright
debate the two sides of the issue of copyright in the Music Industry. By
using open discussion and debate to gain an understanding of the Copyright
laws in the UK, as well as gaining knowledge of Music as a business.
about Copyright, followed by a debate between two groups of students.
The problems facing
the Music Industry:
this lesson, students will explore the meaning of copyright and copyright
issues surrounding the use of downloaded music. They will create an argument
either for or against the most recent ruling against "Napster", a company
that allows users to download music.
Music Industry makes money from the number of CD’s sold in the shops. Because
it is now becoming easier to copy CD’s, there are many fake, or copied
CD’s available to buy or swap cheaply. When copies or fakes are bought
the music industry gets no money from the sale of that CD. CD Rewriters
(CD-RW) now make it possible to copy CD’s with very good quality and quickly.
Music from the Internet also has an effect on the music industry. Music
can be download from the Internet, using MP3 files.
Class Debate about Copyright: Class
divided up into 5
Judges and 2 groups. One
group are the Music Industry, who are against the copying and downloading
other group are representing “Napster” online music download website.
using the enclosed article about “Napster”, the debate will focus on…..
of the issues facing MP3 and Napster, as well as consumers, record companies
and recording artists around the use of downloaded music.
do you think copyrights were introduced?
you believe that music should be free? Support your answer.
do you think artists, musical and other, might feel about Napster and MP3?
Do you think there is agreement within the artistic community?
copyright law change because of the Internet? How?
would some bands think that exchanging music over the Internet would reduce
sales? Has this proved to be true?
The Internet has made it possible for popular bands to promote themselves
worldwide at little cost, and has made it possible for fans to communicate
and share their interest in these artists. Surf the Web for a favorite
popular musical artist's "official" Web site and fan sites (some artists
will also have "hate" sites). What do you find on these sites? Do any of
these offer "unauthorized" files with music by the artist featured? How
do the sites present the artist? What would you include that you do not
UK Copyright Law
fact sheet outlines the laws covering copyright in the United Kingdom and
the work to which it applies.
law and copyright originated in the UK from a concept of common law, the
Statute of Anne 1709. It became statutory with the passing of the Copyright
Act 1911. The current act is the Copyright, Designs and Patents Act 1988.
About copyright law
law gives the creators of literary, dramatic, musical, artistic works,
sound recordings, broadcasts, films and typographical arrangement of published
editions rights to control the ways in which their material may be used.
rights cover; broadcast and public performance, copying, adapting, issuing,
renting and lending copies to the public.
many cases, the creator will also have the right to be identified as the
author and to object to distortions and mutilations of his work.
conventions give UK copyright protection in most countries, subject to
Types of work to which copyright applies
lyrics, manuscripts, manuals, computer programs, commercial documents,
leaflets, newsletters & articles etc.
painting, sculptures, architecture, technical drawings/diagrams, maps,
typographical arrangement of published editions
be recordings of other copyright works, e.g. musical and literary.
broadcasts and cable programs
programs regulations in 1992 extended the copyright of literary works to
include computer programmes.
When copyright occurs
arises whenever an individual or company creates a work:
work is subject to copyright if it is regarded as original, and must exhibit
a degree of labour, skill or judgement.
is related to the independent creation rather than the idea behind the
creation. For example, copyright will not exist in names, colours or ideas,
but will exist in a work composed of these elements.
short, copyright may protect a work that expresses an idea but not the
idea behind it.
Who Owns The Copyright On A Piece Of Work
the individual or collective who authored the work will exclusively own
the copyright. However, if a work is produced as part of employment or
under contract to a third party (i.e. freelance work), then normally the
copyright belongs to the person/company who hired the individual or commissioned
the work, (unless an agreement has been drawn up to the contrary).
does not subsist in any part of a work which is a copy taken from a previous
example, in a piece of music featuring samples from a previous work, the
copyright of the samples would still remain the property of the original
the owner, or his exclusive licensee can bring proceedings in the courts.
Duration of copyright
1988 Copyright, Designs and Patents Act states the duration of copyright
For literary, dramatic, musical or artistic works
years from the end of the calendar year in which the last remaining author
of the work dies,
if the work is of unknown authorship:
years from end of the calendar year in which the work was created, or if
made available to the public in that time, (by publication, authorised
performance, broadcast, exhibition, etc.), 70 years from the end of the
year that the work was first made available.
Sound Recordings and broadcasts
years from the end of the calendar year in which the work was created,
if the work is released within that time:
years from the end of the calendar year in which the work was first released.
years from the end of the calendar year in which the last principal director,
author or composer dies,
if the work is of unknown authorship:
years from end of the calendar year of creation, or if made available to
the public in that time, 70 years from the end of the year the film was
first made available
Typographical arrangement of published editions
years from the end of the calendar year in which the work was first published
Broadcasts and cable programs
years from the end of the calendar year in which the broadcast was made.
Acts restricted by copyright
is an offence to perform any of the following acts without the consent
of the copyright owner:
copy the work,
rent, lend or issue copies of the work to the public,
perform, broadcast or show the work in public,
adapt the work.
author of a work or director of a copyright film may also have certain
the right to be identified as the author,
right to object to derogatory treatment.
Acts that do not infringe copyright
dealing’ is a term used to describe acts which are permitted to a certain
degree (normally copies of parts of a work) without infringing copyright,
these acts are;
Private and research study purposes.
Performance, copies or lending for educational purposes.
Criticism and news reporting.
Copies and lending by librarians.
Acts for the purposes of Royal Commissions, statutory enquiries, judicial
proceedings and parliamentary purposes.
Recording of broadcasts for the purposes of listening to or viewing at
a more convenient time, this is known as ‘time shifting’
Producing a back up copy for personal use of a computer program.
Playing sound recording for a non profit making organisation, club or society.
July 28, 2000
In Victory for
Record Industry, Judge Bars Napster Music Site
By MATT RICHTEL
a major victory for the recording industry, a federal judge today ordered
the Napster online music service to stop permitting the exchange of copyrighted
music owned by the major music labels.
lawyer said the decision could effectively shut down the service altogether.
Chief Judge Marilyn Patel of United States District Court in San Francisco
ruled that the popular Napster service was used primarily to trade copyrighted
material, a behavior that she said Napster knew about and had started the
service to make easier. "A majority of Napster users use the service to
download and upload copyrighted music," the judge said.
case has become the rallying point for competing interests in the unresolved
copyright issues on the Internet, with lawyers, consumers, policy makers
and entrepreneurs watching closely. Legal experts have said the implications
for the case extend beyond music, to the sharing of other media like movies,
may set a tone for how “intellectual property law” is defined on the Internet.
lawyer, said the company would appeal immediately. He said Napster did
not have the ability to sift out which of the millions of songs on Napster
represented copyrighted works and which did not.
Barry, the company's interim chief executive said "We'll fight this in
a variety of ways, to keep the Napster community going and strong," The
company says 20 million people have downloaded its software.
recording industry declared the decision a complete victory. "This sends
the message to others who are building businesses based on other people's
copyrighted works without permission," said Cary Sherman, general counsel
for the Recording Industry Association of America.
King, who represents the rock group Metallica and the rap artist Dr. Dre
in separate lawsuits against Napster, said, "From the judge's language,
this was not a close call." He also said the decision was a "huge win."
The recording association said it would post a $5 million bond requested
by the judge against any financial losses Napster could suffer from being
shut down pending the trial.
a year-old company based in San Mateo, Calif., makes software that allows
computer users to download free software that lets them in turn post to
the service lists of music files they store on their own home or office
computers. Other Napster users then can listen to or download music kept
on one anothers' home computers. It is not alone; other services that permit
file sharing, like Gnutella, have grown, too.
legal battle over Napster began in December when Time Warner Inc., the
Sony Corporation, Bertelsmann and other record companies, represented by
the recording association, sued the service for copyright infringement.
From a technical legal standpoint, the Recording Industry Association of
America, asserts Napster is guilty of contributory copyright infringement.
The industry contends that Napster has built a business by encouraging
individual users to share files of music they do not own.
Napster says its users are doing nothing wrong, and therefore it is doing
nothing wrong. Rather, it says, they are engaging en masse in a practice
that has been permitted all along -- the copying of music and other media
for personal use. Judge Patel concluded that Napster users were engaged
in "wholesale infringing," and that the users were not engaged in "typical
personal use of music copies, as Napster lawyers asserted."
she said the users reap economic advantage from making copies on the Napster
service by getting music free they might ordinarily pay for. In seeking
the preliminary injunction, lawyers for the recording industry said Napster
was on pace to have 70 million users within six months. The lawyers said
Napster users already download 14,000 songs a minute. "This is the most
worst case of massive copyright infringement that has ever existed," Russell
Frackman, a record label lawyer, told the judge.
study, commissioned by Napster and prepared by Peter S. Fader, associate
professor of marketing at the Wharton School of the University of Pennsylvania,
found that "over 91 percent of Napster users buy as much or more music
than before they used Napster, with 28 percent purchasing more."
according to a survey the recording association commissioned from the Field
Research Corporation, a San Francisco-based research firm, 22 percent of
Napster users said that because of Napster, they did not buy CD's any more
or they bought fewer CD's.
Patel suggested that by the time of the trial, more work on the effect
of Napster will have to be done, noting that none of the studies presented
were "without flaws."