Factual and less creative works are more likely to be used equitably than imaginative and highly creative works. This is consistent with the general principle that copyright protects expression and not ideas or facts. In addition, intermediaries typically include Internet portals, software and game providers, virtual information providers such as interactive forums and commenting services, with or without moderation systems, aggregators of various types such as news aggregators, universities, libraries and archives, web search engines, chat rooms, web blogs, mailing lists and any website that provides access to third-party content through, for example, hyperlinks, a crucial element of the World Wide Web. What does a copyright allow the copyright holder to do or prevent others from doing so? Since the late 1990s, copyright holders have filed lawsuits against a number of peer-to-peer intermediaries such as pir, Grokster, eMule, SoulSeek, BitTorrent, and Limewire, and case law on the liability of Internet Service Providers (ISPs) for copyright infringement has emerged primarily in relation to these cases. [56] See the infographic for an overview of the differences between traditional copyright, Creative Commons and the public domain. The first lawsuits focused on the liability of Internet Service Providers (ISPs) for hosting, transmitting, or publishing user-provided content that could be sued under civil or criminal law, such as defamation, defamation, or pornography. [52] Because different content was considered in different jurisdictions and there were no common definitions of “ISP”, “message board” or “online publishers”, the original legislation on the liability of online intermediaries varied considerably from country to country. The first laws on the liability of online intermediaries were passed in the mid-1990s. [ref.

needed] According to the same study, while digital piracy entails additional costs on the media production side, it also provides the main access to media products in developing countries. The significant trade-offs that favor the use of digital piracy in developing countries dictate the currently neglected law enforcement agencies on digital piracy. [25] In China, the problem of digital counterfeiting is not only legal, but also social – due to the high demand for cheap and affordable goods, as well as the state ties of the companies that produce these goods. [26] The fair use test requires an assessment of all factors together. The courts have repeatedly stressed that there are no clear rules and that each case must be decided on the basis of its own facts. Factors often interact in the analysis. For example, the Supreme Court has concluded that the more transformative the new work, the fewer other factors, such as commercialization, can militate against establishing fair use. The more transformative the secondary use, the less likely it is that the secondary use will replace the original use and cause direct damage to the market. In order to arrive at a determination of fair use, all factors must be examined and the results weighed in light of the purpose of copyright “to promote the advancement of science and useful arts” (U.S. Const., art.

I, § 8, cl. 8). [3] The term “piracy” has been used to refer to the unauthorized copying, distribution and sale of copyrighted works. [8] The practice of characterizing infringement of exclusive rights in creative works as “piracy” precedes legal copyright. Prior to Anne`s status in 1710, the Stationers` Company of London received a royal charter in 1557, giving the Society a monopoly on publication and enforcing the charter. Article 61 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for criminal prosecution and sanctions for “intentional counterfeiting or piracy on a commercial scale”. [10] Piracy has traditionally referred to copyright infringements committed intentionally for financial reasons, although copyright holders have recently referred to online copyright infringements as “piracy”, particularly with regard to peer-to-peer file-sharing networks. [8] The study has been criticized, in particular by the International Federation of the Phonographic Industry, which considers the study to be erroneous and misleading. One argument against the research is that many music consumers only download music illegally.

The IFPI also points out that music piracy affects not only online music sales, but also several facets of the music industry, which is not addressed in the study. [94] Most countries extend copyright protection to authors of works.

Opublikowano w Bez kategorii