A comparison of copyright law between the USA, Australia and Germany with particular reference to the capture of electronic music files for personal use
Seminar paper from the year 2005 in the subject Law - Media, Multimedia Law, Copyright, grade: 1,4, Bond University Australia, 6 entries in the bibliography, language: English, abstract: Copyright is the term for a bundle of exclusive rights given by law to the owner of the copyright. Basically the copyright Law is supposed to maintain a fair balance between providing users with reasonable access to the growing information economy on the one hand, and providing recognition and rewards for creators on the other. With the technological progress the importance of copyright Law increased. It became very easy and popular to infringe copyright by using the new technological inventions – such as CD-burner etc and Internet. The protection of copyright is nowadays not just a national issue anymore as the world becomes more addicted to the internet every day. Infringement of copyright in sound recordings is one of the most common infringements. Nowadays you can see the term “mp3” everywhere. DVD-players can play mp3s, there is special software for your computer to play mp3s, there are special players like ipods or even smaller players which are just the size of a lighter and even your mobile phone can play mp3s now. But what is exactly is mp3? This paper compares copyright law between the USA, Australia and Germany with particular reference to the capture of electronic music files for personal use. There are many ways of capturing mp3s – such as downloading them from the internet, using filesharing software e.g. kazaa or converting music files from a CD into mp3s.
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95a UrhG Anti-Circumvention and Anti-Trafficking Anti-Trafficking Provisions Article 11 WCT Article 6 EUCD audio signals Australia and Germany Australian Law Betamax CD into mp3 circumventing technological protection Circumvention of technological Civil Liability contracting parties converting music files copy control technology Copyright Act 1968 copyright and related copyright holder copyright law copyright owners Court DMCA effective technological measure European Copyright Directive European Union exclusive right fair dealing Fair use doctrine files into mp3s German Law German system grounds to know home recording implemented infringement of copyright Intellectual Property Internet IUrhG Kamiel layer material objects measures that restrict Menno Briët mp3 files mp3-player musical compositions permitted by law phonorecords play mp3s private copying prohibition protection against circumvention protection of copyright protection of technological purpose Reinbothe related rights reproduce restrict acts rightholder ripping CDs Séverine sound recordings space-shifting tapes technological protection measures Terese Foged TPMs WIPO Copyright Treaty WIPO Treaties