Misplaced Pages

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125-401: SNEP's responsibilities include collecting and distributing royalty payments for broadcast and performance, preventing copyright infringement of its members' works (including music piracy), and sales certification of silver, gold, platinum and diamond records and videos. SNEP also compiles weekly official charts of France's top-selling music, including singles and albums. The first attempt at

250-586: A New York Times article telling the story of Irina Margareta Nistor , a narrator for state TV under Nicolae Ceauşescu 's regime. A visitor from the west gave her bootlegged copies of American movies , which she dubbed for secret viewings through Romania. According to the article, she dubbed more than 3,000 movies and became the country's second-most famous voice after Ceauşescu , even though no one knew her name until many years later. Most countries extend copyright protections to authors of works. In countries with copyright legislation, enforcement of copyright

375-647: A moderation system , aggregators of various kinds, such as news aggregators , universities , libraries and archives , web search engines , chat rooms , web blogs , mailing lists , and any website which provides access to third party content through, for example, hyperlinks , a crucial element of the World Wide Web . Early court cases focused on the liability of Internet service providers (ISPs) for hosting, transmitting or publishing user-supplied content that could be actioned under civil or criminal law, such as libel or pornography . As different content

500-636: A French national chart of best-selling records originated from a request by the American music industry magazine Billboard . The magazine's French correspondent, Eddie Adamis, compiled a top 10 list of the country's preferred format, the extended play (EP), for Billboard ' s "Hits of the World" column of 5 June 1961. The number 1 record was an Edith Piaf EP featuring the song " Non, je ne regrette rien ". France's coverage in Billboard ' s "Hits of

625-444: A commercial scale". Copyright holders have demanded that states provide criminal sanctions for all types of copyright infringement. The first criminal provision in U.S. copyright law was added in 1897, which established a misdemeanor penalty for "unlawful performances and representations of copyrighted dramatic and musical compositions" if the violation had been "willful and for profit". Criminal copyright infringement requires that

750-488: A commercial scale." Piracy traditionally refers to acts of copyright infringement intentionally committed for financial gain, though more recently, copyright holders have described online copyright infringement, particularly in relation to peer-to-peer file sharing networks, as "piracy". Richard Stallman and the GNU Project have criticized the use of the word "piracy" in these situations, saying that publishers use

875-520: A direct approach to the infringing party in order to settle the dispute out of court. "... by 1978, the scope was expanded to apply to any 'expression' that has been 'fixed' in any medium, this protection granted automatically whether the maker wants it or not, no registration required." With older technology like paintings, books, phonographs, and film, it is generally not feasible for consumers to make copies on their own, so producers can simply require payment when transferring physical possession of

1000-780: A fixed period, after which the copyright expired. It was "An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or the Purchasers of such Copies, during the Times therein mentioned." The act also alluded to individual rights of the artist. It began, "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing ... Books, and other Writings, without

1125-559: A legally purchased CD (for example) to certain kinds of devices and media, provided rights holders are compensated and no copy protection measures are circumvented. Rights-holder compensation takes various forms, depending on the country, but is generally either a levy on "recording" devices and media, or a tax on the content itself. In some countries, such as Canada, the applicability of such laws to copying onto general-purpose storage devices like computer hard drives, portable media players, and phones, for which no levies are collected, has been

1250-490: A nation that has domestic copyright laws or adheres to a bilateral treaty or established international convention such as the Berne Convention or WIPO Copyright Treaty . Improper use of materials outside of legislation is deemed "unauthorized edition", not copyright infringement. Statistics regarding the effects of copyright infringement are difficult to determine. Studies have attempted to determine whether there

1375-417: A product of an individual, with attendant rights. The most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified. This parallels the ways in which capitalism led to the commodification of many aspects of social life that earlier had no monetary or economic value per se. Copyright has developed into a concept that has

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1500-582: A public talk between Bill Gates , Warren Buffett , and Brent Schlender at the University of Washington in 1998, Bill Gates commented on piracy as a means to an end , whereby people who use Microsoft software illegally will eventually pay for it, out of familiarity, as a country's economy develops and legitimate products become more affordable to businesses and consumers: Although about three million computers get sold every year in China, people don't pay for

1625-432: A separate term of art to define one who misappropriates a copyright: '[...] an infringer of the copyright.' The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law – certain exclusive rights – is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising

1750-411: A significant effect on nearly every modern industry, including not just literary work, but also forms of creative work such as sound recordings , films , photographs , software , and architecture . Often seen as the first real copyright law, the 1709 British Statute of Anne gave authors and the publishers to whom they did chose to license their works, the right to publish the author's creations for

1875-412: A single word is insufficient to comprise a copyright work. However, single words or a short string of words can sometimes be registered as a trademark instead. Copyright law recognizes the right of an author based on whether the work actually is an original creation , rather than based on whether it is unique ; two authors may own copyright on two substantially identical works, if it is determined that

2000-518: A tangible medium of expression" to obtain copyright protection. US law requires that the fixation be stable and permanent enough to be "perceived, reproduced or communicated for a period of more than transitory duration". Similarly, Canadian courts consider fixation to require that the work be "expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance". Note this provision of US law: c) Effect of Berne Convention.—No right or interest in

2125-407: A third party which did not have a role in producing the work. When this outsourced litigator appears to have no intention of taking any copyright infringement cases to trial, but rather only takes them just far enough through the legal system to identify and exact settlements from suspected infringers, critics commonly refer to the party as a " copyright troll ". Such practices have had mixed results in

2250-612: A whole. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to their heirs. Yet scholars like Lawrence Lessig have argued that copyright terms have been extended beyond the scope imagined by the Framers. Lessig refers to the Copyright Clause as the "Progress Clause" to emphasize the social dimension of intellectual property rights. The original length of copyright in

2375-610: A wide range of creative, intellectual, or artistic forms, or "works". Specifics vary by jurisdiction , but these can include poems , theses , fictional characters , plays and other literary works , motion pictures , choreography , musical compositions, sound recordings , paintings , drawings , sculptures , photographs , computer software , radio and television broadcasts , and industrial designs . Graphic designs and industrial designs may have separate or overlapping laws applied to them in some jurisdictions. Copyright does not cover ideas and information themselves, only

2500-543: A work eligible for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of

2625-566: A work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended). Different countries impose different tests, although generally the requirements are low; in the United Kingdom there has to be some "skill, labour, and judgment" that has gone into it. In Australia and the United Kingdom it has been held that

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2750-466: Is "robbery or illegal violence at sea", but the term has been in use for centuries as a synonym for acts of copyright infringement. Theft , meanwhile, emphasizes the potential commercial harm of infringement to copyright holders. However, copyright is a type of intellectual property , an area of law distinct from that which covers robbery or theft, offenses related only to tangible property . Not all copyright infringement results in commercial loss, and

2875-476: Is a monetary loss for industries affected by copyright infringement by predicting what portion of pirated works would have been formally purchased if they had not been freely available. Other reports indicate that copyright infringement does not have an adverse effect on the entertainment industry, and can have a positive effect. In particular, a 2014 university study concluded that free music content, accessed on YouTube , does not necessarily hurt sales, instead has

3000-590: Is a subject of debate and court cases in a number of countries. Internet intermediaries were formerly understood to be internet service providers (ISPs). However, questions of liability have also emerged in relation to other Internet infrastructure intermediaries, including Internet backbone providers, cable companies and mobile communications providers. In addition, intermediaries are now also generally understood to include Internet portals , software and games providers, those providing virtual information such as interactive forums and comment facilities with or without

3125-404: Is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work , usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright

3250-430: Is an accepted version of this page Copyright infringement (at times referred to as piracy ) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to produce derivative works . The copyright holder

3375-626: Is any violation of the exclusive rights of the owner. In U.S. law, these rights include reproduction, preparation of derivative works, distribution of copies by sale or rental, and public performances or displays. In the United States, copyright infringement is sometimes confronted via lawsuits in civil court, against alleged infringers directly or against providers of services and software that support unauthorized copying. For example, major motion-picture corporation MGM Studios filed suit against P2P file-sharing services Grokster and Streamcast for their contributory role in copyright infringement. In 2005,

3500-510: Is automatic and includes physical sales, downloads and streams. Streaming were originally counted by summing up the streaming volume for all tracks in the album, dividing the most popular track by 2, and then dividing the result by 1,000. In May 2018 streaming was limited to paid subscriptions and in January 2019 the conversion method for streaming was amended, accumulating all tracks and dividing by 1,500. The certification levels applicable through

3625-413: Is generally the responsibility of the copyright holder. However, in several jurisdictions there are also criminal penalties for copyright infringement. According to the U.S. Chamber of Commerce 's 2021 IP Index, the nations with the lowest scores for copyright protection were Vietnam , Pakistan , Egypt , Nigeria , Brunei , Algeria , Venezuela and Argentina . Copyright infringement in civil law

3750-507: Is sometimes permitted, public distribution – by uploading or otherwise offering to share copyright-protected content – remains illegal in most, if not all, countries. For example, in Canada, even though it was once legal to download any copyrighted file as long as it was for noncommercial use, it was still illegal to distribute the copyrighted files (e.g. by uploading them to a P2P network ). Some countries, like Canada and Germany, have limited

3875-486: Is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet have led to such widespread, anonymous infringement that copyright-dependent industries now focus less on pursuing individuals who seek and share copyright-protected content online, and more on expanding copyright law to recognize and penalize, as indirect infringers,

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4000-701: Is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works , distribution, public performance , and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rights". This means that copyrights granted by

4125-461: Is usually the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court . Egregious or large-scale commercial infringement, especially when it involves counterfeiting ,

4250-585: The BSA , conduct software licensing audits regularly to ensure full compliance. Cara Cusumano, director of the Tribeca Film Festival , stated in April 2014: "Piracy is less about people not wanting to pay and more about just wanting the immediacy – people saying, 'I want to watch Spiderman right now' and downloading it". The statement occurred during the third year that the festival used

4375-614: The Copyright Law in United States , the Copyright Office concluded that many diverse aspects of the current moral rights patchwork – including copyright law's derivative work right, state moral rights statutes, and contract law – are generally working well and should not be changed. Further, the Office concludes that there is no need for the creation of a blanket moral rights statute at this time. However, there are aspects of

4500-637: The European Union require their member states to comply with them. All member states of the World Trade Organization are obliged to establish minimum levels of copyright protection. Nevertheless, important differences between the national regimes continue to exist. The original holder of the copyright may be the employer of the author rather than the author themself if the work is a " work for hire ". For example, in English law

4625-533: The Internet , creating a much bigger threat to producer revenue. Some have used digital rights management technology to restrict non-playback access through encryption and other means. Digital watermarks can be used to trace copies, deterring infringement with a more credible threat of legal consequences. Copy protection is used for both digital and pre-Internet electronic media. For a work to be considered to infringe upon copyright, its use must have occurred in

4750-619: The Middle Ages in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as

4875-487: The RIAA are increasingly targeting the file sharing home Internet user. Thus far, however, most such cases against file sharers have been settled out of court. ( See Legal aspects of file sharing ) In most jurisdictions the copyright holder must bear the cost of enforcing copyright. This will usually involve engaging legal representation, administrative or court costs. In light of this, many copyright disputes are settled by

5000-518: The Statute of Anne in 1710, the Stationers' Company of London in 1557, received a royal charter giving the company a monopoly on publication and tasking it with enforcing the charter. Article 61 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires criminal procedures and penalties in cases of "willful trademark counterfeiting or copyright piracy on

5125-750: The United International Bureaux for the Protection of Intellectual Property signed the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations . In 1996, this organization was succeeded by the founding of the World Intellectual Property Organization , which launched the 1996 WIPO Performances and Phonograms Treaty and the 2002 WIPO Copyright Treaty , which enacted greater restrictions on

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5250-528: The United States Army settled a lawsuit with Texas -based company Apptricity which makes software that allows the army to track their soldiers in real time. In 2004, the US Army paid the company a total of $ 4.5 million for a license of 500 users while allegedly installing the software for more than 9000 users; the case was settled for US$ 50 million. Major anti-piracy organizations, like

5375-409: The 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic. However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit – using notices of this form may reduce

5500-753: The 1980s, and is still being used. In copyright law, infringement does not refer to theft of physical objects that take away the owner's possession, but an instance where a person exercises one of the exclusive rights of the copyright holder without authorization. Courts have distinguished between copyright infringement and theft. For instance, the United States Supreme Court held in Dowling v. United States (1985) that bootleg phonorecords did not constitute stolen property. Instead, interference with copyright does not easily equate with theft, conversion , or fraud. The Copyright Act even employs

5625-446: The Berne Convention, or the adherence of the United States thereto. Before 1989, United States law required the use of a copyright notice, consisting of the copyright symbol (©, the letter C inside a circle; Unicode U+00A9 © COPYRIGHT SIGN ), the abbreviation "Copr.", or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder. Several years may be noted if

5750-433: The Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all intellectual property rights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the rights expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto

5875-531: The Centre d'Information et de Documentation du Disque. Earlier that year, with reference to the new chart compiler, Billboard had reported that "for the first time the main record companies are cooperating in an effort to produce a reliable sales chart which will serve the industry." By July 1973, SNICOP had long been publishing a national albums chart. These charts were abandoned in November 1977 due to disputes in

6000-619: The Consent of the Authors ;... to their very great Detriment, and too often to the Ruin of them and their Families:". A right to benefit financially from the work is articulated, and court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws. The Copyright Clause of

6125-528: The Copyright, Designs and Patents Act 1988 provides that if a copyrighted work is made by an employee in the course of that employment, the copyright is automatically owned by the employer which would be a "Work for Hire". Typically, the first owner of a copyright is the person who created the work i.e. the author . But when more than one person creates the work, then a case of joint authorship can be made provided some criteria are met. Copyright may apply to

6250-581: The French music charts for SNEP /SCPP (Civil Society of Phonographic Producers), with the OCC taking over on 1 January 2021. Since September 2002, the official charts have been as follows: Criterion: The following guidelines are applied: The Gold album certification was introduced in January 1973. Platinum certification was added in May 1980, followed by the introduction of Diamond certification in November 1988, which

6375-422: The French music industry, leaving France without an official sales chart. The date recognised as the start of SNEP's charts in the modern era is 4 November 1984. This date marks the debut broadcast of Top 50 , a television chart show on the recently launched Canal+ network. From the late 1980s, the French charts were complied for SNEP by Top No. 1 which was a subsidiary of Europe No. 1 , but SNEP pulled out of

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6500-547: The Internet to present its content, while it was the first year that it featured a showcase of content producers who work exclusively online. Cusumano further explained that downloading behavior is not merely conducted by people who merely want to obtain content for free: I think that if companies were willing to put that material out there, moving forward, consumers will follow. It's just that [consumers] want to consume films online and they're ready to consume films that way and we're not necessarily offering them in that way. So it's

6625-586: The Statute of Anne. While the national law protected authors' published works, authority was granted to the states to protect authors' unpublished works. The most recent major overhaul of copyright in the US, the 1976 Copyright Act , extended federal copyright to works as soon as they are created and "fixed", without requiring publication or registration. State law continues to apply to unpublished works that are not otherwise copyrighted by federal law. This act also changed

6750-524: The Supreme Court ruled in favor of MGM, holding that such services could be held liable for copyright infringement since they functioned and, indeed, willfully marketed themselves as venues for acquiring copyrighted movies. The MGM v. Grokster case did not overturn the earlier Sony v. Universal City Studios decision, but rather clouded the legal waters; future designers of software capable of being used for copyright infringement were warned. In

6875-589: The U.S. Punishment of copyright infringement varies case-by-case across countries. Convictions may include jail time and/or severe fines for each instance of copyright infringement. In the United States, willful copyright infringement carries a maximum fine of $ 150,000 per instance. Article 61 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires that signatory countries establish criminal procedures and penalties in cases of "willful trademark counterfeiting or copyright piracy on

7000-516: The U.S. DMCA , the WIPO Copyright and Performances and Phonograms Treaties Implementation Act has provisions that prevent persons from "circumvent[ing] a technological measure that effectively controls access to a work". Thus if a distributor of copyrighted works has some kind of software, dongle or password access device installed in instances of the work, any attempt to bypass such a copy protection scheme may be actionable  – though

7125-472: The U.S. Supreme Court ruled in 1985 that infringement does not easily equate with theft. This was taken further in the case MPAA v. Hotfile , where Judge Kathleen M. Williams granted a motion to deny the MPAA the usage of words whose appearance was primarily "pejorative". This list included the word "piracy", the use of which, the motion by the defense stated, serves no court purpose but to misguide and inflame

7250-663: The U.S. economy at least $ 29.2 billion in lost revenue each year." An August 2021 report by the Digital Citizens Alliance states that "online criminals who offer stolen movies, TV shows, games, and live events through websites and apps are reaping $ 1.34 billion in annual advertising revenues." This comes as a result of users visiting pirate websites who are then subjected to pirated content, malware, and fraud. According to World Intellectual Property Organisation , copyright protects two types of rights. Economic rights allow right owners to derive financial reward from

7375-531: The US Copyright Office is currently reviewing anticircumvention rulemaking under DMCA – anti-circumvention exemptions that have been in place under the DMCA include those in software designed to filter websites that are generally seen to be inefficient (child safety and public library website filtering software) and the circumvention of copy protection mechanisms that have malfunctioned, have caused

7500-537: The US. The Berne International Copyright Convention of 1886 finally provided protection for authors among the countries who signed the agreement, although the US did not join the Berne Convention until 1989. In the US, the Constitution grants Congress the right to establish copyright and patent laws. Shortly after the Constitution was passed, Congress enacted the Copyright Act of 1790 , modeling it after

7625-499: The Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form." Some countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that most works must be "fixed in

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7750-639: The United States was 14 years, and it had to be explicitly applied for. If the author wished, they could apply for a second 14‑year monopoly grant, but after that the work entered the public domain , so it could be used and built upon by others. In many jurisdictions of the European continent, comparable legal concepts to copyright did exist from the 16th century on but did change under Napoleonic rule into another legal concept: authors' rights or creator's right laws, from French: droits d'auteur and German Urheberrecht . In many modern-day publications

7875-520: The United States, Constitution (1787) authorized copyright legislation: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as

8000-551: The United States, copyright term has been extended many times over from the original term of 14 years with a single renewal allowance of 14 years, to the current term of the life of the author plus 70 years. If the work was produced under corporate authorship it may last 120 years after creation or 95 years after publication, whichever is sooner. Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) requires that signatory countries enable courts to remedy copyright infringement with injunctions and

8125-460: The University of Portsmouth in the UK discussed findings from examining the illegal downloading behavior of 6,000 Finnish people, aged seven to 84. The list of reasons for downloading given by the study respondents included money saving; the ability to access material not on general release, or before it was released; and assisting artists to avoid involvement with record companies and movie studios. In

8250-666: The World" continued until May 1964, when Adamis resigned from his position. The chart then resumed in June 1967, overseen by a new French correspondent, until SNICOP's involvement in late 1968. While the list continued to demonstrate the dominance of EPs, the British band Procol Harum succeeded in achieving the first French number 1 single, with their 1967 release " A Whiter Shade of Pale ". SNICOP published its first national singles chart, or "Hit Parade Officiel", in October 1968, compiled by

8375-407: The authors even after the authors have transferred their economic rights. In some EU countries, such as France, moral rights last indefinitely. In the UK, however, moral rights are finite. That is, the right of attribution and the right of integrity last only as long as the work is in copyright. When the copyright term comes to an end, so too do the moral rights in that work. This is just one reason why

8500-477: The authors even after the authors have transferred their economic rights. This means that even where, for example, a film producer or publisher owns the economic rights in a work, in many jurisdictions the individual author continues to have moral rights. Recently, as a part of the debates being held at the US Copyright Office on the question of inclusion of Moral Rights as a part of the framework of

8625-496: The book-trade became more common, such that the use of the word 'pirate' itself to describe unauthorized publishing of books was attested to in Nathan Bailey 's 1736 dictionary An Universal Etymological English Dictionary : 'One who lives by pillage and robbing on the sea. Also a plagiary' The practice of labeling the infringement of exclusive rights in creative works as "piracy" predates statutory copyright law. Prior to

8750-700: The calculation of copyright term from a fixed term (then a maximum of fifty-six years) to "life of the author plus 50 years". These changes brought the US closer to conformity with the Berne Convention, and in 1989 the United States further revised its copyright law and joined the Berne Convention officially. Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In

8875-453: The chief factors that lead to the global spread of media piracy, especially in emerging markets. According to the study, even though digital piracy inflicts additional costs on the production side of media, it also offers the main access to media goods in developing countries. The strong tradeoffs that favor using digital piracy in developing economies dictate the current neglected law enforcement's toward digital piracy. In China as of 2013,

9000-458: The concepts throughout the years have been mingled globally, due to international treaties and contracts, distinct differences between jurisdictions continue to exist. Creator's law was enacted rather late in German speaking states and the economic historian Eckhard Höffner argues that the absence of possibilities to maintain copyright laws in all these states in the early 19th century, encouraged

9125-479: The convention. The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act 1988 . Specially, for educational and scientific research purposes, the Berne Convention provides the developing countries issue compulsory licenses for the translation or reproduction of copyrighted works within the limits prescribed by

9250-549: The convention. This was a special provision that had been added at the time of 1971 revision of the convention, because of the strong demands of the developing countries. The United States did not sign the Berne Convention until 1989. The United States and most Latin American countries instead entered into the Buenos Aires Convention in 1910, which required a copyright notice on the work (such as all rights reserved ), and permitted signatory nations to limit

9375-481: The copyright holder is entitled to enforce their exclusive rights. However, while registration is not needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees. (In the US, registering after an infringement only enables one to receive actual damages and lost profits.) A widely circulated strategy to avoid

9500-524: The copyright holder reserves, or holds for their own use was once required to assert copyright, but that phrase is now legally obsolete. Almost everything on the Internet has some sort of copyright attached to it. Whether these things are watermarked, signed, or have any other sort of indication of the copyright is a different story however. In 1989 the United States enacted the Berne Convention Implementation Act , amending

9625-482: The copyright law of EU member states stems from the Information Society Directive of 2001, which is generally devised to allow EU members to enact laws sanctioning making copies without authorization, as long as they are for personal, noncommercial use. The Directive was not intended to legitimize file-sharing, but rather the common practice of space shifting copyright-protected content from

9750-477: The cost of copyright registration is referred to as the poor man's copyright . It proposes that the creator send the work to themself in a sealed envelope by registered mail, using the postmark to establish the date. This technique has not been recognized in any published opinions of the United States courts. The United States Copyright Office says the technique is not a substitute for actual registration. The United Kingdom Intellectual Property Office discusses

9875-408: The creator dies, depending on the jurisdiction . Some countries require certain copyright formalities to establishing copyright, others recognize copyright in any completed work, without a formal registration. When the copyright of a work expires, it enters the public domain . The concept of copyright developed after the printing press came into use in Europe in the 15th and 16th centuries. It

10000-507: The deal in February 1992 because they were unhappy with how Top No. 1 compiled the charts. However, this was resolved when Top No. 1 came up with propositions in May 1992 which SNEP approved of and that were fully implemented in stores by October 1992. In September, 1993, Europe 1 together with Canal+ who had compiled the French charts since 1984, decided to stop producing the charts for SNEP because they were making losses. The singles chart

10125-410: The destruction of infringing products, and award damages. Some jurisdictions only allow actual, provable damages, and some, like the United States, allow for large statutory damage awards intended to deter would-be infringers and allow for compensation in situations where actual damages are difficult to prove. In some jurisdictions, copyright or the right to enforce it can be contractually assigned to

10250-406: The distribution models that need to catch up. People will pay for the content. In response to Cusumano's perspective, Screen Producers Australia executive director Matt Deaner clarified the motivation of the film industry: "Distributors are usually wanting to encourage cinema-going as part of this process [of monetizing through returns] and restrict the immediate access to online so as to encourage

10375-416: The duplication was coincidental, and neither was copied from the other. In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file),

10500-523: The duration of copyrights to shorter and renewable terms. The Universal Copyright Convention was drafted in 1952 as another less demanding alternative to the Berne Convention, and ratified by nations such as the Soviet Union and developing nations. The regulations of the Berne Convention are incorporated into the World Trade Organization 's TRIPS agreement (1995), thus giving the Berne Convention effectively near-global application. In 1961,

10625-403: The exclusive rights held. The term "freebooting" has been used to describe the unauthorized copying of online media, particularly videos, onto websites such as Facebook , YouTube or Twitter . The word itself had already been in use since the 16th century, referring to pirates, and meant "looting" or "plundering". This form of the word – a portmanteau of " freeloading " and " bootlegging " –

10750-690: The exogenous differential introduction of author's right (Italian: diritto d’autore ) in Napoleonic Italy shows that "basic copyrights increased both the number and the quality of operas, measured by their popularity and durability". The 1886 Berne Convention first established recognition of authors' rights among sovereign nations , rather than merely bilaterally. Under the Berne Convention, protective rights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" these protective rights in countries adhering to

10875-418: The form or manner in which they are expressed. For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but does not prohibit the creation of other works about anthropomorphic mice in general, so long as they are different enough not to be judged copies of Disney's. Typically,

11000-504: The holder in a civil law court, but there are also criminal infringement statutes in some jurisdictions. While central registries are kept in some countries which aid in proving claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying (even without permission) necessarily prove that copyright was infringed. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as

11125-639: The incomes of many academics. Printing brought profound social changes . The rise in literacy across Europe led to a dramatic increase in the demand for reading matter. Prices of reprints were low, so publications could be bought by poorer people, creating a mass audience. In German-language markets before the advent of copyright, technical materials, like popular fiction, were inexpensive and widely available; it has been suggested this contributed to Germany's industrial and economic success. The concept of copyright first developed in England . In reaction to

11250-448: The infringer acted "for the purpose of commercial advantage or private financial gain" ( 17 U.S.C.   § 506 ). To establish criminal liability, the prosecutor must first show the basic elements of copyright infringement: ownership of a valid copyright, and the violation of one or more of the copyright holder's exclusive rights. The government must then establish that defendant willfully infringed or, in other words, possessed

11375-408: The instance of the work to become inoperable or which are no longer supported by their manufacturers. According to Abby House Media Inc. v. Apple Inc. , it is legal to point users to DRM-stripping software and inform them how to use it because of lack of evidence that DRM stripping leads to copyright infringement. Whether Internet intermediaries are liable for copyright infringement by their users

11500-409: The issue of digital infringement has not merely been legal, but social – originating from the high demand for cheap and affordable goods as well as the governmental connections of the businesses which produce such goods. There have been instances where a country's government bans a movie, resulting in the spread of copied videos and DVDs. Romanian -born documentary maker Ilinca Calugareanu wrote

11625-423: The jury. The term "piracy" has been used to refer to the unauthorized copying, distribution and selling of works in copyright. In 1668 publisher John Hancock wrote of "some dishonest Booksellers, called Land-Pirats, who make it their practise to steal Impressions of other mens Copies" in the work A String of Pearls: or, The Best Things Reserved till Last by Thomas Brooks . Over time the metaphor mostly used in

11750-416: The law of a certain state do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works "cross" national borders or national rights are inconsistent. Typically, the public law duration of a copyright expires 50 to 100 years after

11875-487: The legally recognised rights and interests of others. Most copyright laws state that authors or other right owners have the right to authorise or prevent certain acts in relation to a work. Right owners can authorise or prohibit: Moral rights are concerned with the non-economic rights of a creator. They protect the creator's connection with a work as well as the integrity of the work. Moral rights are only accorded to individual authors and in many national laws they remain with

12000-429: The likelihood of a defense of "innocent infringement" being successful. In the UK, the publisher of a work automatically owns the copyright in the "typographical arrangement of a published work", i.e. its layout and general appearance as a published work. This copyright lasts for 25 years after the end of the year in which the edition containing that arrangement was first published. Copyrights are generally enforced by

12125-524: The maximum number of people to go to the cinema." Deaner further explained the matter in terms of the Australian film industry, stating: "there are currently restrictions on quantities of tax support that a film can receive unless the film has a traditional cinema release." In a study published in the Journal of Behavioural and Experimental Economics , and reported on in early May 2014, researchers from

12250-612: The moral rights regime within the UK is often regarded as weaker or inferior to the protection of moral rights in continental Europe and elsewhere in the world. The Berne Convention, in Article 6bis, requires its members to grant authors the following rights: These and other similar rights granted in national laws are generally known as the moral rights of authors. The Berne Convention requires these rights to be independent of authors' economic rights. Moral rights are only accorded to individual authors and in many national laws they remain with

12375-533: The necessary mens rea . Misdemeanor infringement has a very low threshold in terms of number of copies and the value of the infringed works. The ACTA trade agreement , signed in May 2011 by the United States, Japan, and the EU, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement. United States v. LaMacchia 871 F.Supp. 535 (1994)

12500-424: The owner's permission, often through a license. The owner's use of the property must, however, respect the legally recognised rights and interests of other members of society. So the owner of a copyright-protected work may decide how to use the work, and may prevent others from using it without permission. National laws usually grant copyright owners exclusive rights to allow third parties to use their works, subject to

12625-503: The penalties for non-commercial copyright infringement. For example, Germany has passed a bill to limit the fine for individuals accused of sharing movies and series to €800–900. Canada's Copyright Modernization Act claims that statutory damages for non-commercial copyright infringement are capped at C$ 5,000 but this only applies to copies that have been made without the breaking of any "digital lock." However, this only applies to "bootleg distribution" and not non-commercial use. Title I of

12750-603: The potential to increase sales. According to the IP Commission Report the annual cost of intellectual property infringement to the US economy "continues to exceed $ 225 billion in counterfeit goods, pirated software, and theft of trade secrets and could be as high as $ 600 billion." A 2019 study sponsored by the US Chamber of Commerce Global Innovation Policy Center (GIPC), in partnership with NERA Economic Consulting "estimates that global online piracy costs

12875-855: The printing of "scandalous books and pamphlets", the English Parliament passed the Licensing of the Press Act 1662 , which required all intended publications to be registered with the government-approved Stationers' Company , giving the Stationers the right to regulate what material could be printed. The Statute of Anne , enacted in 1710 in England and Scotland, provided the first legislation to protect copyrights (but not authors' rights). The Copyright Act of 1814 extended more rights for authors but did not protect British from reprinting in

13000-440: The publishing of low-priced paperbacks for the masses. This was profitable for authors and led to a proliferation of books, enhanced knowledge, and was ultimately an important factor in the ascendency of Germany as a power during that century. After the introduction of creator's rights, German publishers started to follow English customs, in issuing only expensive book editions for wealthy customers. Empirical evidence derived from

13125-589: The service providers and software distributors who are said to facilitate and encourage individual acts of infringement by others. Estimates of the actual economic impact of copyright infringement vary widely and depend on other factors. Nevertheless, copyright holders, industry representatives, and legislators have long characterized copyright infringement as piracy or theft – language which some U.S. courts now regard as pejorative or otherwise contentious. The terms piracy and theft are often associated with copyright infringement. The original meaning of piracy

13250-815: The shortcomings of current law that allowed people to facilitate mass copyright infringement while being immune to prosecution under the Copyright Act . Proposed laws such as the Stop Online Piracy Act broaden the definition of "willful infringement", and introduce felony charges for unauthorized media streaming . These bills are aimed towards defeating websites that carry or contain links to infringing content, but have raised concerns about domestic abuse and internet censorship. To an extent, copyright law in some countries permits downloading copyright-protected content for personal, noncommercial use. Examples include Canada and European Union (EU) member states like Poland . The personal copying exemption in

13375-556: The software. Someday they will, though. And as long as they're going to steal it, we want them to steal ours. They'll get sort of addicted, and then we'll somehow figure out how to collect sometime in the next decade. In Media Piracy in Emerging Economies , the first independent comparative study of media piracy focused on Brazil , India , Russia , South Africa , Mexico , Turkey and Bolivia , "high prices for media goods, low incomes, and cheap digital technologies" are

13500-435: The storage medium. The equivalent for digital online content is a paywall . The introduction of the photocopier , cassette tape , and videotape made it easier for consumers to copy materials like books and music, but each time a copy was made, it lost some fidelity. Digital media like text, audio, video, and software (even when stored on physical media like compact discs and DVDs ) can be copied losslessly, and shared on

13625-660: The subject of debate and further efforts to reform copyright law. In some countries, the personal copying exemption explicitly requires that the content being copied be obtained legitimately – i.e., from authorized sources, not file-sharing networks. In April 2014, the Court of Justice of the European Union ruled that "national legislation which makes no distinction between private copies made from lawful sources and those made from counterfeited or pirated sources cannot be tolerated." Although downloading or other private copying

13750-408: The technique and notes that the technique (as well as commercial registries) does not constitute dispositive proof that the work is original or establish who created the work. The Berne Convention allows member countries to decide whether creative works must be "fixed" to enjoy copyright. Article 2, Section 2 of the Berne Convention states: "It shall be a matter for legislation in the countries of

13875-402: The terms copyright and authors' rights are being mixed, or used as translations, but in a juridical sense the legal concepts do essentially differ. Authors' rights are, generally speaking, from the start absolute property rights of an author of original work that one does not have to apply for. The law is automatically connecting an original work as intellectual property to its creator. Although

14000-427: The total of equivalent sales, based on the formula of 150 streams equalling one download. In April 2018 streaming was limited to paid subscriptions. The sales certification levels applicable through the years are as follows: Since April 2018, the total sales of a single is calculated in terms of streams (one download or physical sale equaling 150 streams) and the certification levels are as follows: Video certification

14125-453: The use of technology to copy works in the nations that ratified it. The Trans-Pacific Partnership includes intellectual property provisions relating to copyright. Copyright laws and authors' right laws are standardized somewhat through these international conventions such as the Berne Convention and Universal Copyright Convention. These multilateral treaties have been ratified by nearly all countries, and international organizations such as

14250-459: The use of their works by others. Moral rights allow authors and creators to take certain actions to preserve and protect their link with their work. The author or creator may be the owner of the economic rights or those rights may be transferred to one or more copyright owners. Many countries do not allow the transfer of moral rights. With any kind of property, its owner may decide how it is to be used, and others can use it lawfully only if they have

14375-400: The word to refer to "copying they don't approve of" and that "they [publishers] imply that it is ethically equivalent to attacking ships on the high seas, kidnapping and murdering the people on them." Copyright holders frequently refer to copyright infringement as theft , "although such misuse has been rejected by legislatures and courts". The slogan " Piracy is theft " was used beginning in

14500-445: The work has gone through substantial revisions. The proper copyright notice for sound recordings of musical or other audio works is a sound recording copyright symbol (℗, the letter  P inside a circle, Unicode U+2117 ℗ SOUND RECORDING COPYRIGHT ), which indicates a sound recording copyright, with the letter  P indicating a " phonorecord ". In addition, the phrase All rights reserved which indicates that

14625-527: The years are as follows: The Gold single certification was introduced in January 1973. Platinum single was introduced in May 1980 followed by Silver in July 1985 and Diamond in January 1997. Silver certification was cancelled in July 2009. Until 2016, certifications were awarded at the request of the labels, based on sales reported by an accountant report. Since 2016, certification is automatic and includes physical sales, downloads and streams. Thresholds were set for

14750-628: Was a case decided by the United States District Court for the District of Massachusetts which ruled that, under the copyright and cybercrime laws effective at the time, committing copyright infringement for non-commercial motives could not be prosecuted under criminal copyright law. The ruling gave rise to what became known as the "LaMacchia Loophole", wherein criminal charges of fraud or copyright infringement would be dismissed under current legal standards, so long as there

14875-436: Was associated with a common law and rooted in the civil law system. The printing press made it much cheaper to produce works, but as there was initially no copyright law, anyone could buy or rent a press and print any text. Popular new works were immediately re- set and re-published by competitors, so printers needed a constant stream of new material. Fees paid to authors for new works were high, and significantly supplemented

15000-534: Was considered in different legal systems, and in the absence of common definitions for "ISPs", "bulletin boards" or "online publishers", early law on online intermediaries' liability varied widely from country to country. The debate has shifted away from questions about liability for specific content, including that which may infringe copyright, towards whether online intermediaries should be generally responsible for content accessible through their services or infrastructure. Copyright#Scope A copyright

15125-675: Was introduced in September 2009 with Gold, Platinum, double Platinum and triple Platinum. Diamond certification was introduced in August 1991. The sales certification levels applicable through the years are as follows: All the singles recorded under one of his pseudonyms or as member of his bands are included Songs performed as duets and trios are included Songs performed within Brastisla Boys and Fatal Bazooka bands and as Alphonse Brown included Copyright infringement This

15250-472: Was introduced together with multiple certifications (double Gold, double Platinum and triple Platinum). Silver certification was introduced in 1999. The double Gold certification was discontinued in June 2006 and Silver certification was cancelled in July 2009. Multiple diamond certifications were introduced in January 2014. Until 2016, certifications were awarded at the request of the labels, based on sales reported by an accountant report. Since 2016, certification

15375-519: Was no profit motive involved. The United States No Electronic Theft Act (NET Act), a federal law passed in 1997, in response to LaMacchia, provides for criminal prosecution of individuals who engage in copyright infringement under certain circumstances, even when there is no monetary profit or commercial benefit from the infringement. Maximum penalties can be five years in prison and up to $ 250,000 in fines . The NET Act also raised statutory damages by 50%. The court's ruling explicitly drew attention to

15500-586: Was not published by SNEP again until mid-November 1993, and was not published in Music & Media magazine again until mid-April 1994. The new singles chart was criticised by UPFI as being unreliable but this was disputed by SNEP. The albums chart was not resumed until early June 1994. In December 2020, the London-based Official Charts Company (OCC) announced it was taking over the contract from German company GfK, in compiling

15625-408: Was suggested by YouTuber and podcaster Brady Haran in the podcast Hello Internet . Haran advocated the term in an attempt to find a phrase more emotive than "copyright infringement", yet more appropriate than "theft". Some of the motives for engaging in copyright infringement are the following: Sometimes only partial compliance with license agreements is the cause. For example, in 2013,

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