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CopytrapsCongress has unintentionally evoked copytraps, which exact thousands of dollars from the Internet user who innocently buys music without knowing that it infringes copyright. Copytraps arise when Web sites lure innocent users into downloading expression that seems legal but is actually infringing. Regardless of whether the Web site appears legitimate, whether a user's good-faith belief is reasonable, or whether the Web site owner is unaware that the material is infringing, users who download infringing material face strict liability punishment, and the penalties are severe. It is entrapment, with the spoils from the innocent going to large corporate copyright holders. The law facilitates copytraps because it governs circumstances today that were never contemplated when copyright's strict liability emerged centuries ago. What has been good policy for real space is bad policy for cyberspace. As copytraps become common, end users will increasingly encounter the unfairness of strict liability punishment and ultimately become reluctant to download from unfamiliar sites. The effects of copytraps cast doubt on the wisdom of strict liability: copytraps unfairly punish the innocent, foster copyright abuse, unduly burden commerce, restrict speech, and deter the dissemination of knowledge. Congress should therefore amend the Copyright Act. Rather than imposing statutory damages on innocent downloaders, the Act should require only that innocent downloaders delete infringing material. In the alternative, courts should interpret the Act's strict liability provision as not applying to online expression.
HAK CIPTA LAGU DI INTERNETPerkembangan teknologi semakin maju dan cepat, kemudahan mengakses dunia maya menyebabkan pemerataan akses masyarakat akan informasi yang terkumpul di internet, salah satunya adalah lagu, rekaman suara berirama yang pada awalnya berbentuk fisik dari mulai piringan hitam kemudian menjadi kaset pita (radio tape) dan kini juga berevolusi bersama teknologi menjadi tak berwujud yaitu digital pada dunia internet dan media penyimpanan digital seperti DVD, Flashdisk, dan Harddisk. Internet menghubungkan dunia global menjadi satu lokasi. Berdasrkan hal ini KEMENKOMINFO (Kementrian Komunikasi dan Informatika) telah berupaya melakukan penindakan penutupan sejumlah situs yang melakukan tindakan pelanggaran hukum seperti penggungahan, pengunduhan, dan perbanyakan serta pengumuman lagu di internet ulang tanpa izin pencipta dan pemegang hak cipta. Dari problematika hukum tersebut ditulislah skripsi ini tentang perlindungan hak cipta lagu di internet, apa standar hak cipta lagu di internet beserta bentuk pelanggaran hak cipta lagu di internet dan upaya pemulihannya
Music File Sharing--Its Effect on Copyright Law and Business Models in the Early 21st CenturyThis article is divided into three sections. Section I consists of a history of how file sharing technology has arrived at its current state of development, ending with some predictions for its development in the near future. This section focuses less on the technical minutiae involved in the evolution of music copying than on the practical influence of each innovation on the public's ability to reproduce and transfer intellectual property. Section II is a survey of copyright law as it stands in the first part of 2001, focusing on technologically-motivated changes in the past three decades, but providing enough history to give the uninitiated a sense of the theoretical and doctrinal underpinnings of recent developments. Section III proposes a model for the development both of copyright law and of the business of creating and protecting content. This article takes the position that if the law becomes more restrictive than the current scheme, owners of copyrights may be placated in the short term, only to be much more severely injured as developers of technology are motivated to circumvent enforcement of the new scheme. If it becomes less restrictive, the rights of copyright holders, although limited at their periphery, may become much more valuable through the availability of widespread distribution, effective enforcement, and reliable compensation.
Cross-Border Issues in Collective ManagementI was an LLM student here a few years ago, so I am very happy to be back here today. I want to thank Professor Ginsburg for giving me this opportunity and I also want to thank the team from the Kernochan Center for its support. They have invited me to come and talk about cross-border licensing issues in Europe. I do not know how familiar everyone is with all of the things that have been going on in the last ten years in Europe concerning this issue. So, I am going to go through the steps that we have undertaken. At the end, I would like to share with you my ideas about what the future of collective management for online works should be, in Europe and worldwide.
International Issues: Which Country's Law Applies When Works are Made Available Over the Internet?"My topic is International Implications, a topic that would not exist but for the Internet. When access to archival materials was on a physical basis, patrons came to the archive and consulted the material on site; the material did not leave the archive, much less get sent overseas. Even digitized materials, if consulted on site, do not present the problems that arise if the archives puts this material on a website, which is accessible around the world, that ubiquity being the default condition of the Internet."