458A_M+Records+V.+Napster+Case+Brief

458A_M+Records+V.+Napster+Case+Brief - A&M Records,...

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Facts: A&M Records is engaged in the commercial recording, distribution and sale of copyrighted musical compositions and sound recordings. Complaint alleges that Napster is a contributory and vicarious copyright infringer. The District Court preliminarily enjoined Napster “from engaging in, or facilitating others in copying, downloading, uploading, transmitting, or distributing plaintiff’s copyrighted musical compositions and sound recordings, protected by either federal or state law, without express permission of the rights owner”. Issue: Are Napster’s users engaging in a fair use of the material? Is Napster liable for the direct infringement under two doctrines of the copyright law: contributory copyright infringement and vicarious copyright infringement? Holding: The Ninth Circuit Court of Appeals affirms the district court decision that Napster is liable for contributory copyright infringement and vicarious copyright infringement. They also believe that the district court did not abuse its discretion in
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This note was uploaded on 01/12/2011 for the course COMM 458 taught by Professor Sparr during the Fall '08 term at University of Michigan.

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458A_M+Records+V.+Napster+Case+Brief - A&M Records,...

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