A Study on Copyright Protection System in the U.S.: Centered upon Internet Copyright Issues

• Main Authors: JIM CHANG, 張基銘
• Other Authors: YAW-CHEN HOR
• Format: Others
• Language: zh-TW
• Published: 2003
• Online Access: http://ndltd.ncl.edu.tw/handle/71887821400380873346

碩士 === 淡江大學 === 美國研究所 === 91 === The copyright protection system in the U.S. has long been built since its establishment, the first statutory law with respect to copyright protection, i.e., the publication of “ Title 17 U.S.C. Copyrights” in 1970. In previous American practice, certain restrictions and regulations of the copyright law, such as manufacturing clause, registration system and duration of copyright protection were inconsistent with the international conventions or treaties. Until the amendment proclaimed in 1988, the U.S. has then joined as a member of the “Berne convention” in 1989 -- the most important international copyright protection treaty in the world. In the 21st century, the copyright protection problems on the “Internet” have become the greatest challenge among those posed under the traditional copyright rules and regulations. Although the Digital Millennium Copyright Act of 1998 has reformed some rules to deal with the impact causing from up-rising internet environment and high-tech, the progress of ever-changing digital devices in the modern world still comes with considerable uncertainties. Starting from researching the history and background of the copyright law in the U.S., the author then follows on studying the regulations of the copyright law (on of basis of “Title 17 U.S.C. Copyrights of 1976” and other pertinent acts and amendments). This thesis has been centered upon internet copyright issues, particularly the problems in relation to illegal “copy”, “transmission”, “download”, “upload ” and internet management, including without limitation the new generation hardware and software. Further to explore the subject of digital data transmission, the thesis has discussed and analyzed several landmark cases, such as RIAA v. Napster, RIAA v. MP3.com and RIAA v. Diamond. Finally, the author concludes with the discussions over the features, drawbacks, the trend of the copyright protection system, as well as making suggestions towards how to face the fast-changing digital age. The context of this thesis contains the following six Chapters: Chapter 1: Introduction, including the motive, objective, content, limitations and structure of this study. Chapter 2: Concept of copyright and its international protection, including the definition, principle and ideology of copyright as well as major international treaties related to the U.S.. Chapter 3: Legal system of American copyright, focusing upon the spirit and history of general regulations thereof. Chapter 4: Internet related copyright problems, discussing over the copyright issues on the Internet. Chapter 5: Digital music (MP3) in practice, studying on several major cases regarding digital music transmission. Chapter 6: Conclusion. Generally speaking, the trend of copyright protection system in the U.S. is to conform with the international treaties; yet, in certain situation, it overrides the commonly accepted rules (for instance, duration of copyright has been extended to 70 years), cumulative penalty, criminal and civil, and continued amendment over the regulations to adapt to the transition. In prospect, it is extremely essential to face the challenges arising out of the digital environment and internet age, and to modify the copyright protection system in order to apply to the newly derivative forms of copyright infringement.