Explore BrainMass

Copyright and Property Rights and Fair Use.

1. Analyze the arguments surrounding fair use discussed in Sony BMG Music Entertainment v. Tenenbaum and discuss how the finding in this case either supports or contradicts your own views in relation to fair use. Provide specific examples to support your response.

2. Assess the issues surrounding downloading music from the Internet and how the Digital Millennium Copyright Act will impact the shape of future legislation. Explain your rationale.

3. Discuss the appropriate balance between protecting individual inventiveness and stimulating a vibrant shared culture. Provide specific examples to support your response.

4. Research at least two instances of global intellectual property rights litigation. Argue for or against the basic arguments behind global intellectual property rights. Provide specific examples to support your response.

Solution Preview

1. Fair use in this case was predicated upon the defendant's attempt to use an overbroad interpretation according to the Court that would excuse all file sharing for private enjoyment that was not driven by profit. Instead of offering a fair use defense that would be feasible, such as file sharing for the purposes of sampling music prior to purchase or using new file-sharing networks in the technological interregnum before legally purchasing the digital media and later shifting it to paid outlets, the defendant wanted to mount a defense that would disregard all copyright protections established by Congress. He, according to the court, quintessentially wanted to eliminate statutes and precedent in regard to copyright infringement (Scribd, 2012).

Therefore, the court denied fair use in this trial, which is in contradiction with my own interpretation of individual users who only download files for personal enjoyment. If no alterations or attempts to profit off the work are made I would have sided personally with ...

Solution Summary

This solution assesses the court ruling regarding Sony BMG Music Entertainment v. Tenenbaum and the reasoning behind the Supreme Court decision in the case.