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File Sharing Is Wrong And Illegal


An owner of the copyright can give or deny permission for an individual to use the work publicly. In the case of music there are two copyrights. The first copyright is that of the music and lyrics, in which case the artist owns. The second copyright is where file sharing becomes illegal. The second copyright is the copyright to the actual recording of the "song" in this instance. This is the basis for Recoding Industry Association of America's (RIAA) argument in that file sharing is illegal and should be band and the perpetrators brought to justice. The copyright of the recording of a song is indeed held by the artist's label and therefore it is the labels right by law to say who can distribute copies. However, the Copyright Act did establish limitations on the rights of the owner. One major limitation is the doctrine of "fair use." The fair use doctrine essentially says this; the use of copyrighted material for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research is not an infringement of copyright.
             "Fair use," is the major exception to the Copyright Act, however can the "fair use" doctrine be applied to the massive file sharing networks of today. The answer is a simple no. For example if you are a professor and you need a song to play for your class you turn to Kazaa (a widely used file sharing network) and download this particular song for educational purposes you are protected under the "fair use" doctrine of the Copyright Act, however even though you are using the song to teach which complies with the "fair use" doctrine it is illegal because the method in which the song was obtained, and there for you would not be protected by the "fair use" doctrine. We are of course assuming that the song was obtained from an unlicensed user, meaning that the user in which the song was obtained from did not have the approval from the owner of the copyrighted material; this is a fair assumption to make because of the amount of users on Kazaa.


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