Fair Use Violation

Lawyers for the recording industry argued that illegal downloading hurt the recording industry and that Joel Tenenbaum was a hardcore copy right infringer. Joel Tenenbaum argued in his defense also argued that the U.S. Copyright Act is unconstitutional and that Congress did not intend the law to impose liability or damages when the copyright infringements amount to "consumer copying." We're pleased with this decision," RIAA spokeswoman Cara Duckworth said after the Supreme Court's announcement Monday (2012). This is not the first such case of this nature either.

One in four adults suffers from a mental illness. From ages thirteen to eighteen, twenty percent will experience some form of mental illness. It is difficult for many teens to find the adaquete help due to insecurities. Recently an issue has arised regarding the amount of freedom schools allow their students to have in their newspapers. The Supreme court made the dissenting decision that the principal had violated the First Amendment, stating that the article “neither disrupted classwork, nor invaded the rights of others.” Although the Supreme Court has substantial evidence and arguable points, the act of the principal was violating the Constitution and the First Amendment because the journalist who wrote the article did not give any detail that could have lead to the discovery of the students behind the stories, nor did the student say anything to harm the students and their stories.

In 2015, Presidential candidate Donald Trump proposed that he would consider shutting down mosques in the United States. Now being president, he created an executive order mandating the closure of all mosques which is a violation of The First Amendment of the Constitution which states that the “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Fair use law states - “ Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.” this means that you can use another person's work as long as they use a certain amount of the original owners work, or it is used for criticism, comment, news reporting, teaching, scholarship, and research. In Mr. Faden's mashup he did not use anymore than 30 seconds of the movies used in the video. Meaning that his mashup is covered by the fair use

COPA restrict commercial websites to post harmful judgment to minority. This law violated the freedom of speech on the Internet. According to the freedom of speech on the Internet, people have rights to give any speech on the Internet, including judge minority. The courts overturned COPA because it strongly restricted people’s rights to freely speech on the Internet.

For many years illegal file sharing and music swapping has been going on. Two very popular cases are the MGM Studios, Inc. v. Grokster case and the A&M Records, Inc. v. Napster case. Both cases differ in many ways however they also have similarities. A lot of music and other sorts of entertainment are being distributed for free all over the internet. What some people do not think of are the consequences that will be faced if they get caught. Not only is the distributor at risk for getting caught but those of us that download the software illegally can be charged.

In 2018 a mother of a 12-year-old girl in New York settled a lawsuit of $2000 because she was illegally sharing copyrighted music files according to www.pediatrics.about.com. Why would someone want to do that? As the person, you’re taking the money of someone else’s hard work. The artist that wrote the song took a lot of time and effort to make it. There are thousands of music artist and stealing their money is not fair for all they do. To stop this from occurring there must be harsher penalties or else artist will not have money to exist anymore or employees or money in return.

During fair use trials judges are supposed to at least these “four factors” 1. The purpose of the use 2. The nature of the work used 3. The amount and sustainability of the original work used 4. The effect on the market of the original, as well as the overall purposes of copyright law.

Multiple laws are set when people create or post videos. The most important law is copyright. Videos will get copyrighted if the user uses a piece of material that is not theirs. A copyright on a piece of an author’s work is a form of protection that gives the author the ownership to that work. For example, books, music, and arts have a copyright symbol so that no one else can get credit besides the author who created it. Another law that is the fair use law. Fair use gives copywriters the right to use apart or all of their work. Fair use allows people to use work for criticism,

One of the four factors used to determine fair use is the purpose and character of the work. Faden’s purpose was to enlighten and entertain his viewers, not to remake his own Disney movie using previous movies. All he did was make a short ten minute video using clips that were less than 45 seconds long. He gathered up the clips and transformed them into an original work.

Copyright is an exclusive right to make copies and they are protected. There were some key facts in the Grokser case that happened, which were exchanged of copyrighted music, movies, and other digital media over the Internet that caused major issues. According to “Copyright Infringement? Really, Its Just A Little Peer-To-Peer File Sharing,” facts shows that Grokser, Ltd., and StreamCast Networks, Inc. distribute free software products that allowed computer users to share electronic files through peer-to-peer networks (Case 1.2, p.8). The Grokster distributed free software that allowed private user to download files without authorization. The universities, the government agencies, corporations, etc mainly used this particular technology. During the case, MGM was able to proved that majority of their files that were shared were copyrighted files. Even though they

Copyright and fair use laws are the foundation in technology that protects patents as well as ensure that ideas aren’t falsely taken and claimed by others. Using the copyright laws correctly will make sure that there are no legal issues within the producer and consumer of a certain product. In doing this, the social media industry and the owner of any social media has the immediate right to use and distribute to the people of their choosing.

Over the past few years there have been numerous cases of piracy and fraud arising with music distribution. The most eye opening case was a Boston University graduate student who pleaded guilty to downloading and sharing music online. Joel Tenenbaum admitted in court that he downloaded and distributed 30 songs (United States). The only issue for the jury was to decide how much reimbursement to award the record labels. According to the law, record labels are permitted to around $750 to $30,000 for each violation. However, the law allows up to $150,000 per track shared if the jury finds out the violations were deliberate with clear intentions (Bacache-Beauvallet). The maximum amount awarded in Tenenbaum's case fell around $4.5 million. At one

Copyright and fair use can be hard to talk about because when you use a video with copyright songs you can't see it. Fair use belief that not all copying should be banned, particularly in socially important endeavors such as criticism, news reporting, teaching, and research. Although the doctrine of fair use was originally created by the judiciary, it is now set forth in the Copyright Act. Under the Act, four factors are to be considered in order to determine whether a specific action is to be considered a "fair use."

Ever since 18-year-old Shawn Fanning created Napster in his Northeastern University dorm room in 1999, downloading and sharing music online has become one of the most popular things to do on the Internet today. But why wouldn't it? Getting all your favorite songs from all your favorite artists for free, who wouldn't want to start sharing music? The answer to that question are the people who feel that stealing from the music industry is not morally right, because that is exactly what every person who shares music is doing. People who download music think it's something they can get away with but now it might be payback time to a lot of those people.