Botany > CASE STUDY > Case Study The Role of Copyright Laws Northern Virginia Community CollegeITN 267Case study 4, ITN 26 (All)
Case Study 4 The Role of Copyright Laws In the first place, the court decision about the Napster and YouTube cases were right. YouTube had no actual knowledge of any specific instance of infringeme... nt of Viacom's works, and therefore could not have willfully blinded itself. (Alexis Allen) .In addition, YouTube did not have the right and ability to control infringing activity because there is no evidence that YouTube induced its users to submit infringing videos, provided users with detailed instructions about what content to upload or edited their content, prescreened submissions for quality, steered users to infringing videos, or otherwise interacted with infringing users to a point where it might be said to have participated in their activity. Secondly, In the case of Napster, Inc. the evidentiary materials indicated that sufficient knowledge existed to impose contributory liability due to the Napster leaderships’ actual knowledge of both the infringement and the existence of specific infringing materials on the platform. The problem was that Napster took advantage of right number three under copyright law. Napster did not charge users for their software or to use their system. Napster assumed its actions fell under the fair use safe harbor. Section 107 of the copyright code outlined the fair use doctrine and its application. According to Copyright law, a use may fall under the fair use exception and not require any copyright permission if it passes a weighing test of four factors including the purpose of the use, the nature of the work being used, the amount of the work used, [Show More]
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