I disagree with the statement that downloading music and film
in Australia from Internet without payment should be allowed. There are three
aspects should be taken into consideration.
Firstly, we should determine weather the music and film
entitled to copyright. I learned four criteria of obtaining protection under
the Copyright Act. The item should be
a work or subject matter other than a work. That is qualified for music and
film as music is defined as a musical work and film is one of other subject -
matter. Originality is the second requirement, namely, the work must originate from
the author and made with some skills and labour. The third criterion is
material form that is met by music and film from Internet. Furthermore, its
must be produced by qualified person who is a resident or citizen of Australia,
or member of Berne Convention country. The item is entitled to copyright only
if four criteria above met. Secondly, for those woks prevented by copyright, we
need investigate the duration of copyright. In terms of the diverse duration of
copyright applied to different works, I discovered that the copyright in music
and film have the same duration, that copyright continue to subsist until the end
of 70 years after the year in which the work is first published or performed in
public. Furthermore, If the music or film is under protection of copyright,
this means the owner of these works has exclusive rights to copy, reproduce and
perform in public. Therefore, we should further analysis weather download them
from Internet not infringes copyright. I found that infringement occurs when a
person who is not the owner of the copyright take advantages of works without
the permission of the copyright owner. However, some exceptions to infringement
listed in Copyright Act. That
includes fair dealing for purpose of study and fair dealing for reporting news,
parody and satire. https://www.youtube.com/watch?v=LIYbl6WTyc8

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