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Posted By: kyperaines
Project Title: Research paper in copyright law
Status: OPEN
Created: 3/12/2014 3:37:13 PM
Due Date: 04/27/2014
Job Type: Law
Number Of Pages: 30 1.5 spaced
Number Of Sources: 30
Type of Document: Research Paper
Academic Level: Master
Attachment(s):
4482-BIBLIOGRAPHY.docx
Solution Files(s): N/A
Description:
This paper is for a master level class i’m attending. I’ve already done some research on the topic so the general orientation of this research paper is pretty straightforward.
Within the last few years Internet has modify greatly how we, as consumers, interact with the different objects of copyright. Most recently we’ve seen the emergence of music streaming website where users can listen to music online and contribute to such websites by uploading their own music onto it (legitimate copy or not). One question seems to remain unanswered: can this contribution be considered a “communication to the public by means of telecommunication” and therefore, does it constitute an infringement to the article 3 of the Copyright Act. Furthermore, does it make a difference if the song has been acquired via “legal” or “illegal” means?
So the main question is: does uploading of a song, to a music streaming website, constitute an infringement of the Copyright Law even when the website has a licence to stream (via the SOCAN or others means)? And does the legitimacy of the said song make a difference on the conclusion? Can the user or the website be held accountable for it?
Because there seems to be a silence in the law and because the jurisprudence is insufficient (or inconclusive) is there an alternative to the Canadian copyright law? Can international law provide an answer? Since Canada has sign the Berne convention along with other international treaties can those be used as a way to interpret the Canadian copyright act? How has this question been resolved in the US and the French systems?
Other questions remain to be explored mainly as a conclusion, but also as a critic towards the research: Whether it is an infringement or not, to upload a song to a website, does it affect the two primary goals of the Copyright act which seem to be the protection of the moral rights of the object of copyright and the public accessibility to the said copyrighted work. Isn’t there a direct contradiction between both goals?
Here is a somewhat plan for the paper:
Title : Web 2.0 and online music streaming: is Canadian copyright law (…still need to find a great title…)
Introduction
A. Analysis of current Canadian copyright law
a. Bill C-11 in all it’s controversy: legal reality
b. Insufficient jurisprudence: factual reality
i. Entertainment Software Association v SOCAN
ii. Rogers Communications v SOCAN
B. Is there an alternative to the Canadian copyright law?
a. International law as an answer to the Canadian context
b. US copyright law
c. French copyright law
Conclusion
I also have a pretty complete bibliography (except for the French system) with a great variety of sources (jurisprudence, articles, books…) some of them in French and others in English.
I want this paper to be as informative as it is a critic of the general state of copyright law.
Other information : I focuse far more on the quality than on time frame so I rather it takes longer to have something great than having something rushed. I’d like to get an A+ out of this.
Font to be use : Times new roman, 12pts with 2.5 margins.
