Music File Sharing: Genius Technology or Copyright Infringement?

Today there are over 500 Internet websites offering legal downloading of music; still people find the possibility of downloading illegally an attractive option. It is estimated that for every one legal download there are 20 illegal downloads of music files. At this moment, more people than ever before have access to Internet; fast connections and unlimited amounts of material has enhanced creativity and at the same time made music copyright infringement a global problem. In addition, the technological improvements that have been made in choice, accessibility and flexibility, for consumers to enjoy music are incomparable to the past. In 2007 alone tens of billions of illegal downloads where made, mainly because new technology such as peer-to-peer networks provide consumers with new and easy ways to access free music. Peer-to-peer is the relationship of several devices interacting interdependently and enabling users to quickly locate each other and share music.he revenue obtained from the market share of online music is currently the second highest out of all entertainment areas.The United States and Sweden are currently among the top three mu-sic exporters in the world and have therefore common interests in protecting intellectual property rights.


1 Introduction
1.1 Background
1.2 Purpose
1.3 Method
1.4 Delimitations
1.5 Outline
2 Subject Matter and General Aspects of Copyright
2.1 Introduction
2.2 Definition of Copyright
2.3 Requirements for Protection
2.3.1 Literary and Artistic Works
2.3.2 Fixation
2.3.3 Originality
2.4 Related Rights
2.5 Copyright Justifications
2.5.1 Non-economic Justifications
2.5.2 Economic Justifications
2.5.3 Other Justifications
2.5.4 Consumer Aspects
2.6 Piracy
2.7 Copyright Infringement
2.8 Concluding Remarks
3 International and European Copyright Legislation
3.1 Introduction
3.2 The Berne Convention
3.2.1 National Treatment
3.2.2 Moral Rights
3.2.3 Minimum Standards
3.2.4 Three-step Test
3.3 The Universal Copyright Convention
3.4 The Rome Convention
3.5 The TRIPS Agreement
3.6 World Intellectual Property Organisation
3.6.1 The WIPO Copyright Treaty
3.6.2 The WIPO Performances and Phonograms Treaty
3.7 The EU InfoSoc Directive
3.8 The EU Enforcement Directive
3.9 Concluding Remarks
4 Swedish Legislation on Copyright
4.1 Introduction
4.2 Limitations of the Exclusive Rights
4.2.1 Private Use The Meaning of Private Use Lawful Copies Remuneration
4.3 Enforcement of Copyright
4.3.1 Principle of Legality
4.3.2 Infringement Investigation
4.3.3 Sanctions Fines Damages Penalties
4.3.4 Contributory Infringement
4.4 Impact of the Enforcement Directive on the SwCA
4.4.1 Proposed Amendments to the SwCA Section 53(b) Precautionary Measures Section 53(c) Right of Information Section 53(d) Exceptions to the Right of Information Section 53(g) Use of Personal Records Section 56(a) Search
4.5 Concluding Remarks
4.5.1 Private Use and the SwCA
4.5.2 The Enforcement Directive
5 US Legislation on Copyright
5.1 Introduction
5.2 The Fair Use Doctrine
5.3 Digital Millennium Copyright Act
5.4 Jurisdiction and Sanctions
5.4.1 Contributory Infringement
5.4.2 Vicarious Liability
5.5 Concluding Remarks
6 File Sharing Technology
6.1 Introduction
6.2 Categories of File Sharers
6.3 Peer-to-peer Networks
6.3.1 Centralised Peer-to-peer Networks
6.3.2 Decentralised Peer-to-peer Networks
6.3.3 Controlled Decentralised Peer-to-peer Networks BitTorrent
6.4 Peer-to-peer in a Swedish Legal Context
6.5 File Sharing in Sweden
6.5.1 Legal File Sharing Alternatives
6.5.2 File Sharing Culture
6.5.3 Responsibility
6.6 Concluding Remarks
7 File Sharing in Practice
7.1 Introduction
7.2 Napster
7.2.1 The Technology of Napster
7.2.2 The Lawsuit against Napster
7.3 Grokster
7.3.1 Findings of the Court
7.4 Impact of Napster and Grokster in Society
7.5 The Pirate Bay
7.5.1 The Function of The Pirate Bay
7.5.2 External Pressure
7.5.3 The Pirate Bay Lawsuit
7.5.4 Public Opinions of The Pirate Bay
7.6 Concluding Remarks
8 Analysis and Conclusion
8.1 Introduction
8.2 Balancing Test
8.2.1 Part One
8.2.2 Part Two
8.2.3 Part Three
8.2.4 Concluding Remarks of the Balancing Test
8.3 Harmonisation of Copyright in the Digital Environment
8.4 Internet Usage and Music in Digital Formats
8.5 The Controversy of File Sharing
8.6 Peer-to-peer Technology – Good or Bad?
8.7 The Necessity of Copyright
8.8 Lack of Case Law and Copyright Infringement
8.9 Napster, Grokster and The Pirate Bay
8.10 The Future of File Sharing
8.11 Conclusions and Recommendations

Author: Ebadi, Solmaz,Johansson, Mirja

Source: Jönköping University

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