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Example research essay topic: U S C Intellectual Property - 1,651 words

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Introduction As technology improves, the current laws about intellectual property and copyright are being challenged. Copying of nearly everything, from sound, to text, to video is made simple with computers, the Internet, scanners, CD burners and other technology. Specifically, this paper examines how the conflicts between intellectual property laws and technology are affecting the music industry. The U.

S. Department of Commerce estimated in the 1980 s the worldwide value of pirated music to be $ 1. 2 billion annually (Benko 33). The International Intellectual Property Alliance estimated Unites States losses in the recorded music industry due to piracy at $ 600 million per year in the 1980 s and the numbers are certainly higher now (Benko 33). There is obviously a lot at stake for those who are involved with the music industry.

This paper will introduce the reader to a complex world of intellectual property, copyright, technology, and the music industry as well as attempt to show how all of these areas intertwine and connect. The reader can choose how they wish to read the paper, but I will include a recommended path to follow for the fullest effect. If you are interested in printed the full text of the paper, please use this copy. To clear up any confusion about terms used in the paper, start with the Definitions section.

The paper is then divided into sections including a Literature Review, Discussion and Conclusion. The Literature Review encompasses the current intellectual property laws (including international laws and domestic laws), technology and its abilities (analog to digital, the Internet, and MP 3), and the effects on the music industry (artists views, record company views, and views of fans). Definitions Before analyzing issues regarding this complex topic, it may help to understand some of the most commonly used terms. For example, there is a difference between intellectual property and copyright. Intellectual Property or Copyright? Intellectual property is a broad term covering human's work of all kinds.

Some intellectual property, that which are literary and artistic works, can be copyrighted. Copyrights are used to protect the use of intellectual property. Many types of work can be copyrighted including: literary works (writings of many kinds) musical works (this includes popular music) choreographic works artistic works (regardless of purpose) maps and technical drawings photographic works audiovisual works (things such as movies) derivative works databases applied art computer programs The United States Constitution gives Congress the power to grant authors (a broad term designating creators of works) certain rights regarding their works in order to "promote the progress of science and the useful arts" (Article 1, Section 8). Copyrights are used to protect the "expression of ideas, " not specifically ideas themselves (Benko 3). For example, a person who writes a song about Alma College can copyright that specific song, but that person is not the only one who can make songs about Alma College. Title 17 of the United States Code (U.

S. C. ) deals specifically with copyrights. The laws surrounding copyright will be discussed more extensively in the Literature Review section. There are three basic requirements for a work to be copyrighted including fixation, originality, and expression (Strong 2). A work is "fixed" if it is "sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration" (17 U. S.

C. 101). Basically, a work must be in a form that could be copied in order to receive protection from unauthorized copying. It is also useful to note that the U. S. C. maintains that a work is protected by copyright if it is "fixed by any method now known or later developed" or even if the work can be perceived only "with the aid of a machine or device, " such as a compact disc being played on a player (17 U.

S. C. 101). Originality states that a work must owe it origins to the person claiming to be the author. It does not imply though, that "a work must be new, startling, novel, or unusual" (McCarthy 229). It just must not be a copy of someone else's work.

The idea of expression is that which was discussed earlier. In order to be copyrighted, a work must be a specific expression of an idea, not just an idea. The conditions of idea expression are found in 17 U. S. C. 102 (b).

The Music Industry It will also be useful to give a definition of "the music industry. " For the sake of this paper, the music industry is divided up into three different categories. The three divisions include the artists, the record companies, and music fans. Artists are the people who initially create the work (music and lyrics), these artists can include bands, individuals, musicians, and songwriters. The record companies are organizations who "sign" artists to work for them. The artist signs a contract where generally, the record companies agree to promote and distribute works if the artist agrees to give up the copyrights of their music to the company.

If the record company promotes the work effectively, it will sell well in the stores. In return for the promotion, a percentage of the money from the purchase goes to the record company and another percentage will go to the artist. The other costs including the making of the work are also covered by the price the consumer pays. The consumer, the third part of "the music industry, " supports both the record companies and the artists when they purchase things like CDs, tapes, and other related merchandise. These are the traditional roles of the industry, as referred to in this paper. Literature Review Current Copyright Laws Laws regarding intellectual property are in place to protect expression of ideas as well as economic well-being of companies, like record companies, who are dependent on intellectual property as a product to be sold.

Estimations have reported that "the theft of intellectual property rights in the United States cost over $ 300 billion dollars in 1997 alone" (Hsieh 1). International Laws To understand all of the issues relating to intellectual property, technology, and music, one must first be familiar with the current laws regarding copyright. The World Intellectual Property Organization (WIPO) has international standards for intellectual property and has most jurisdiction over international agreements, but there is no "official" body to enforce intellectual property laws. The WIPO encourages member nations, including the U. S. , to make and update their domestic laws to protect intellectual property and also encourages cooperation between member nations by centralizing the administration of such laws.

There are currently 171 members. No specific international laws regulate worldwide copyright protection, it is dependent on individual nations' laws, but there are generally accepted agreements between nations. The Berne Convention was an original agreement regarding intellectual property. It has been in effect since 1886, with the WIPO administering it.

Berne covers protection of literary and artistic works very broadly and establishes three main principles: national treatment, n conditional protection, and protection independent of the existence of protection in the country of origin. Notably though, the United States never signed the Berne Convention. There have been various other international treaties and conventions regarding copyright and intellectual property laws that the U. S. has signed and which specifically discuss music and copyright.

The Geneva Convention, Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonogram, and the WIPO Performances and Phonograms Treaty all deal with intellectual property. The WIPO treaties have been adopted as law in the form of the Digital Millenium Copyright Act in the United States, that will be discussed in the Domestic Laws section. Domestic Laws Title 17 of the Unites States Code (U. S. C. ) contains the copyright laws of the United States in substantial detail. This section of the law explains how copyright laws work in the United States.

There are many sections and clauses, so I will discuss only those which are particularly relevant to the topic. W hen an author creates work they are granted exclusive rights to do and authorize certain things. Copyright holders are entitled to certain rights under the law (17 U. S. C. 106) including: 1. to reproduce the copyrighted work in copies or phono records; 2.

to prepare derivative works based upon the copyrighted work; 3. to distribute copies or phono records of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; 4. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; 5. in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and 6. in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. In areas like book publishing and music, the author usually signs over his or her rights to the work, making the publisher or record company the owner of the copyright.

This entitles the company to all of the rights of a copyright holder. There are some rights for users of copyrighted material, but they are limited to exceptions made for "fair use. " Title 17 Section 107 deals with "fair use. " Whether something is "fair use" is based on four main criteria and three tests (Talk 20). The four criteria are the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the material used, and the effect of the use on the potential market of the work. The three tests used for judging fair use are brevity (amount copied), spontaneity (was there enough time to have asked for permission), and cumuli...


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Research essay sample on U S C Intellectual Property

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