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Furthermore, songs were discovered to be “near to the core” of the types of creative works expected to be protected by copyright, and complete songs were acquired, pitting Napster against the second and third factors.Finally, the effect of the downloads was discovered to be detrimental to potential record sales, putting an end to Napster’s case for a fair use defence. Lastly, the court examined the impact of the use on the copyrighted work’s potential market or value.Įven though no sales were made, Napster’s platform allowed for “repeated and exploitative” copying, which satisfied the definition of the first criteria.The size and significance of the piece used in relation to the entire copyrighted work and.Secondly, the court considered that what was the nature of the copyright work.The purpose and nature of the use, including whether it is for commercial or educational purposes.

The first four pointers considered by the court are as follows:

Fair Use– The Circuit court concurred with the district court’s “general analysis of Napster system uses” along with its consideration of the three “alleged fair uses identified by Napster” – “sampling, where users make temporary copies of a work before buying liberal distribution of songs by both new and established artists and space-shifting, when users access a sound recording through the Napster system that they already own in audio CD format.”.

The court decided on the following points:

CAPSTER MUSIC TRIAL

The Circuit Court concurred with the trial court’s conclusion that Napster users were most likely infringing on plaintiffs’ copyrights directly. Despite scholarly disputes concerning the new frontier of the internet and legal issues, the Ninth Circuit Court of Appeals took a clear approach in the Napster case. It was then known as one of the “killer applications”.In its brief two-year existence, Napster became a household name and a worldwide hit, garnering an estimated fifty to seventy million users.But, as a result of Napster’s success, the recording industry screamed copyright violation, and Napster, the revolutionary system, became Napster, the embattled, alleged offender.When the recording business sued Napster in October of 20006, the case sparked debate about technology, law, and Internet regulation. Napster was created by Shawn Fanning, a nineteen-year-old college student looking for a way to make finding music on the Internet less stressful. The Ninth Circuit sustained a preliminary injunction requiring Napster, the enormously famous online music sharing system, to stop making unauthorized copyrighted music available on its site in A&MRecords, Inc.

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The free ride came to an end in February 2001, when the Ninth Circuit Court of Appeals delivered a judgement. Between October 1999 and March 2001, music enthusiasts all across the world were treated to an unparalleled, limitless volume of music-all for free.

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