Napster Case Study

A&M Records, Inc. v. Napster, Inc. is a landmark case in which the application of intellectual property laws has forever impacted contemporary culture with regards to digital works. The legal issues presented in the instant case resulted in a holding, which set forth a precedent that has influence the mode and means of digital works distribution. The outcome of Napster affects both businesses and individuals. Napster, a free online file sharing network, allowed peers to share digital files directly with each other by way of connections through its software and system. The no cost peer-to-peer sharing gained popularity, particularly with trendy music. A&M Records took notice of all the free digital music downloads and brought suit against Napster for direct, contributory, and vicarious copyright infringements (Washington University School of Law, 2013). First, it is important to discuss the direct, contributory and vicarious infringement claims against Napster. Direct copyright infringement claims are based on a breach of a copyright owners’ exclusive rights to the copyrighted work(s). A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1013 (9th Cir. 2001). Napster was found liable for this because the users used its platform to upload and download copyrighted music, thus infringing on

Id at 1013-1014. Fair use is a limitation on a copyright owner’s exclusive rights, as well as a defense to infringement. It states that activities that would normally constitute infringement do not if used for “for purposes of such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.” 17 U.S.C. § 107. There are four factors to consider when applying this