Copyright Essay Example | Topics and Well Written Essays - 500 words - 1

right of first publication - taste ExampleThis system allows the potential sharing of right of first publicationed materials, which can give rise to copyright infringement. Copyright infringement, under the US laws, is the copying or substantial reproduction of materials that are protected by the copyright law (Miller & Jentz 2007 155). A group of music companies led by A&M Records, Inc. brought an action against Napster for copyright violation, with preliminary injunction, in the District Court for the Northern District of California. In 2000, Judge Marilyn Patel accordingly issued a preliminary injunction against Napster enjoining the latter from engaging in or facilitating others in copying, downloading, uploading, transmitting or distributing plaintiffs copyrighted (A&M Records, Inc. v Napster, Inc. 2000 114 F Supp. 2d 896) materials. The order was appealed by Napster to the 9th Circuit, which however, sustained the order but remanding it to the lower court for refinement noti ng that it was too broad. In reaching its decision, the 9th Circuit had to decide on the merits of the arguments of the defendants, in defense of itself and its users. The arguments of defendant Napster centered on the implied immunity given under the Audio Home Recording Act of 1992 (AHRA) and the exception provided under the fair use doctrine.