By Hao Yuan Li, Music and the World Wide Web February 19, 2008

Copyright is a legal concept given to the author of the original work a exclusive right to his or her work. This time is however limited. Copyright gives the original author the credit for their work, and also the right to be financially benefited from it. A work that is copyrighted is considered the intellectual property of the creator. Copyrights differ from countries, usually they last up to 50-100 years from the death of the author. In the United States, Copyrights last 70 years after the death of the author/creator. It was extended in 1998 from the Copyright Term Extension Act which added 20 years from the original 50 years after the death of the creator. The copyright laws were set up at the Berne Convetion and the Universal Copyright Convention and ratified by nearly all the countries of the world. The copyright clause is in the United States Constitution. With modern technology of the internet, file sharing, podcast, and music on the internet, copy right laws and intellectual property rights have often been breached. Countries such as China has serious intellectual property rights problem, with 80% of the media in the country are from bootleggers. The creator has the exclusive rights to produce, reproduce, sell, export, import, adapt, perform publicly, transmit by radio or video, sell and display these works.

The United States Copyright office is part of the library of congress and maintains a record of all the copyrights that is officially registered in the US. When a artist creates a piece of work, he or she may send the work to the address on the website and the copyright office would register that into their database. Their first priority is to administer the copyright law, relating to ownership, distribution, etc. They also provide a reference to the public, such as containing the copy right law of the United States. It tells you who can claim copyright, duration and all the information you need to know about copyright laws in the United States. It also serves as a resource to the domestic and international copyright communities.

US State department issued a warning and report on copyright and intellectual property issues in foreign countries. The statement issues a "priority list" of all the major intellectual property violator countries, which composes a list of 14 countries including Argentina, Brazil, China, Egypt, India, Indonesia, Israel, Kuwait, Lebanon, Pakistan, the Philippines, Russia, Turkey and Venezuela. The statement focuses a large section on the severe the violation of intellectual property in China especially. It mention's the United State's position on these intellectual property issues and how its working these countries to combat illegal bootlegging and etc.

This website is in support of the Copyright Term Extension Act which was passed in 1998. The extension added 20 years to the 50 years of the copyright rule after the death of the creator of the work. According to the site, copyrights extension is widely supported by writer's association, artists, societies of composers, studios, motion pictures and publishers. It gives a list of arguments by the US Government during the passing of the Copyright Term Extension Act of 1998 also known as the Sonny Bono Extension Act. By Extending the copyright terms, creators and companies can continue on with their work without losing the their own explicit rights to distribute and sell their own materials.

This particular part of the Templetons website focuses on the major myths of copyright. Many people think that everything created privately are not copyrighted, this indeed is not true. Other myths include if you don't charge for your material, then its not a violation, and If i make up my own music based on another's work, the new work belongs to me". This website helps state the facts about copyrights. The Templeton website also gives you a brief summary on how copyright works.

This article concerns over the emergence of Digital Radio. The Federal Communication Commission has been called to interest in this case which started proceeding for protection rules and regulations for music online radio. This would produce music with CD like quality to be permitted to be played on the internet. The Recording Industry Association of America (RIAA) has asked for stricter enforce of anti-piracy laws and also encryption of music played online. As music becomes more and more accessible to normal everyday people, so are the risk of these music being stolen and recorded inappropriately.

Article focuses the effect of itunes store music (legal downloading) on file Sharing. File sharing of music has often been the way that many, especially the youth has been acquiring music. According to the NPD research Group, Apple's Itunes Music has actually made more youth download music the legal way, by paying. Now NPD says that 70% of youth between the ages of 9-14 purchase music legally through Itunes. File sharing of music has caused numerous lawsuits by music companies to combat theft of music.

Site outlines the argument for and against file sharing of music files online. People argue that intellectual property should not follow the same rules as physical property,and P2P network has many other useful means and should not be restricted or shut down. Other pro file sharing arguments include that it actually helps the music industry by promoting people to listen to more types of music and claims that file sharing doesn't affect CD sales. Those against file sharing argues that if the primary purpose of P2P network is illegal trading of copyrighted material, then it needs to be shut down. Arguing that trading MP3s are like stealing CDs from the store and claim it has declined the industries sales.

The Berne Convention was a international agreement about copyright, it was first adopted in 1886 and continually changed and ratified until today. The agreement requires the signatories to recognized the copyright of works of authors from other signatory countries. Copyright under the agreement was it was automatic and did not require formal registration. All work except cinematographic and photographic shall be copyrighted for at least 50 years after the author's death. Of course, the copyright could be extended as it has been in the United States with the copyright extension act of 1998.

Microsoft has recently announced that it plans to launch a new curriculum for high school and middle school students on intellectual property and file sharing. A new survey has shown that students who are aware of the laws regarding downloading and sharing copyrighted materials.

Site is dedicated to information on copyright, publication of copyrighted information, the idea of fair use. This extends to not only media but also books. It focuses on Digital images, fair use, multimedia, and others. Also provides various resources on copyrights and how to avoid being sued by copyright holders.

The explains the complicated laws and interpretation regarding copyright and intellectual property. Explains that there are four major type of intellectual property laws in the USl Copyright Law, Patent Law, Trademark Law, and Trade Secret Law. It explains carefully what each of these law is. Explains how music are protected by the copyright laws. There are two terms used in the copy right laws, one is original work and fixed work. Original work is in original in the copyright sense if it owes to the original author and not copied from preexisting work. Fixed work is when it is made "sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period more than transitory duration. Also teaches users to avoid the infringement of copyrighted materials, stating how easy it is to do that today with all the new technology.

Composers of music in the European Union enjoy a copyright of 70 years while performers only enjoy copyright of 50 years after their death. EU internal markets commissioner Charlie McCreevy is lobbying for 95 years and it is likely that this will pass through the European Union.

Many students are downloading in college despite the warnings from college officials. Although it is not hard to catch a file sharer, it is almost impossible to detect files while they are being downloaded. It is relatively easy to track down those who are offering copyrighted materials through P2P networks. Music companies have gone after schools and issuing lawsuits and eventually to the student. Many students decide to settle out of court paying $3,000 dollars for copyright infringement.

Computer network that uses diverse connectivity between different networks and the cumulative bandwidth of network rather than a centralized resource. Computers connect between each other. File sharing usually is through the peer to peer (P2P) model where fires are stored. Users can upload files and download files. This has caused controversy with the music industry over copyright infringement. Thus led to many arrests and also lawsuits.

A article focusing on Limewire and its affect on teenagers who download music. Majority of file shared illegal downloading are from limewire, and has been the center of lawsuits and copyright infringement problems. The internet has liberalized music downloading. The author Steve Rose warns against programs such as limewire towards parents of teens. Also warning people on viruses and spyware contributed in the limewire downloads.

A UCSC Santa Cruz student received a letter accusing her of illegal uploading over 600 songs and received a fine of $3000 to be paid or be sued and taken to the Federal courts by the music industry. This is part of the Music Industries' effort to stop illegal downloading and uploading file sharing of copyrighted music online. They have sent over 5000 letters such as the one sent to the santa cruz student. Over 400 per a month. These companies detect the IP addresses of the downloader and sents the letter to the University and has the university forward it to the internet users. The UC Santa Cruz has denied uploading the computer citing that her friends did it. The article offers warnings for college students regarding downloading.

QTRAX, a new file sharing program allows users to download songs for free. The free service is available because the service is funded through advertising revenue that Qtrax will share with certain companies. The reason for this program is to combat illegal downloading from Limewire which copyrighted materials are downloaded for free without any revenue to the music company. Qtrax has deals with four major companies including Vivendi's Universal Music Group, Sony BMG Entertainment, Warner Music Group and EMI Group.

While peer to peer downloading is perfectly legal, and programs such as limewire and bearshare are all legal, the content which is downloaded through those programs are often illegal. This site explains to readers why file sharing programs are not shut down although the majority of the files shared are copyrighted. Music companies have been battling to shut down peer 2 peer networks.

United States copyright law which implemented two of the WIPO(World Intellectual Property Organization) treaties. Makes it illegal for people to technology, devices or services to circumvent measures that control access to copyrighted materials. It heightens the penalties for copyright infringement on the internet. It was passed in 1998 in the US congress with a unanimous vote and signed by President Clinton. The European Union passed similar legislation in 2001.

It is a trade group which represents the recording industry in the US. Consists of private corporations. The RIAA goals are to protect intellectual property rights world wide, monitor and review relevant laws, regulations and policies and to perform research about the music industry. The RIAA is a opponent of copyright infringement and file sharing. The Organization claims that file sharing has costed the music industry over $4.2 billion a year. The RIAA sued Napster and other of these organizations for enabling users to download copyrighted Mp3 files. Website contains information on the RIAA and offers a clearer mission statement on its global war against copyright infringement.

Fair dealing a doctrine which limits copyright infringement and puts exceptions on copyright and is a common law in many of the former british colonies or the Common Wealth of Nations. This would apply to countries like Canada, Australia, New Zealand and such. Fair Sharing would exclude using copyrighted materials for research, study, review, criticism, parody or satire. Laws like this are similar throughout the common wealth.

Article says the intellectual property crisis in China focuses on three constituencies regarding the IPR issue in China. The Chinese government, the chinese companies and the people. The government wants to protect intellectual property while at the same time are reluctant to shut down stores that sell boot legged materials because they offer cheap goods that ordinary chinese citizens would otherwise be unable to afford. Chinese companies have little incentive to care for Intellectual property unless they are directly told by western companies to stop intellectual theft. The people also have little care for intellectual property rights when they can buy a $1 CD instead of paying $20 for a real one.

Fair use is a doctrine that is part of the US Copyright law. It is somewhat limited to the common wealth's fair dealing. It allows limited use of copyright material without requiring permission for the copyright holder. It would be appropriate to use certain works for scholarships or review or criticism. It could include music or literature work or cinema.

The United Kingdom is considering if it should ban the usage of internets for users who are caught downloading illegally. The process has been thought of through a 3 strike rule. 3rd time offenders would lose their internet connection.

Website is dedicated to provide information on intellectual property law, such as patents, trademarks and copyright. It has forums for discussions, articles regarding intellectual property and copyright laws.

Newsgroups Resources to have more questions regarding copyright laws and intellectual property

-misc.legal

-rec.games.frp.dnd

-aus.legal

-misc.int-property

-soc.culture.china

-comp.os.linux.advocacy

-microsoft.public.windowsxp.network_web

-comp.sys.mac.system

-microsoft.public.windows.vista.networking_sharing

-alt.www.webmaster