In less than a decade, the Internet has gone from a little-known novelty used by computer scientists into a ubiquitous tool throughout America and the world. This growth can be attributed, in large part, to the fact that the American government adopted a laissez-faire approach, which allowed Internet users to create and define the medium. That lack of regulation, however, also has created tremendous opportunities for abuse, especially of copyrights. This paper will examine the issue of copyright infringement on the Internet, and the potential liability of third parties, such as Web hosts and Internet Service Providers (ISP).
Copyright is exactly thatùthe right to copy a given work. At its birth more than 300 years ago, it referred only to written work. Indeed, even today, written works are what spring to mind when one mentions copyright. Or maybe we think of money, which is what copyright is all about.
By giving someone the absolute right to reproduce a work, written or otherwise, that person enjoys the absolute right to exploit that work for pecuniary gain. Theoretically, this provides incentives for some (but not all) writers to write and some (but not all) painters to paint. But that right must be balanced against society's needs. This is especially true in the United States, where democracy relies on a free and unrestrained debate. That reliance is enshrined into law in the form of the First Amendment's guarantees of freedom of speech and freedom of press.
Obviously, most works have no commercial value. The marketplace will determine the value of every work submitted for consideration. If a work is found to have commercial value, the goal of the copyright lawùthen and nowùis to ensure that any value derived from the work ends up in the pocket of the copyright owner.
It is also important to note what copyright law is not. For example, copyright is not the same as a patent, which is designed to foster i...