Free Resources for
Students and Teachers of English as a Foreign Language in China - by Paul Sparks
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Lesson 5 - Music - The Issue of Copyright
Lesson Activities: Lecture about Copyright, followed by a debate between two groups of students.
The problems facing
the Music Industry:
In
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.
Copyright: The 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 of music. The other group are representing “Napster” online music download website.
By using the enclosed article about “Napster”, the debate will focus on…..
UK Copyright Law This fact sheet outlines the laws covering copyright in the United Kingdom and the work to which it applies.
1.
Introduction
2.
About copyright law
3.
Types of work to which copyright applies
4.
When copyright occurs
5.
Who Owns The Copyright On A Piece Of Work
6.
Duration of copyright
7.
Acts restricted by copyright
8.
Acts that do not infringe copyright
July 28, 2000
http://www.nytimes.com/learning/teachers/featured_articles/20000728friday.html In 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. Napster's 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. The 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, and may set a tone for how “intellectual property law” is defined on the Internet. Napster's 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. Hank 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. The 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. Howard 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. Napster, 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. The 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. But 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." Moreover, 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. One 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." Meanwhile,
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.
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