MBA560 UOP ENTERPRISE RISK Legal Concepts Worksheet

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Legal Concepts Worksheet

University of Phoenix





Legal Concepts Worksheet


Application of Concept to the Issue of Downloading

Reference to Concept in Reading

Copyright Law

The Copyright Act of 1976 went into effect on January 1, 1978 (Radcliffe & Brinson, 1999).

Multimedia works and many of their components - music, graphics, text, software, and video, film, and television show clips are protected by copyright.

Ownership of copyright initially belongs to the author or authors of the work, although there are some exceptions to this rule.

The Copyright Act of 1976 protects against the illegal distribution of music and videos.

To ensure copyright protection, you must meeting three criteria:

* A work must be original. It must be created, not copied.

* The work must be in a tangible medium of expression like a book, compact disc or tape

* The work must show some creativity

Downloading music online drew large popularity in 2001, and the most prominent website that facilitated this was Napster. The legal battle to protect copyright was focused on the efforts of the Recording Industry Association of America (RIAA) to challenge Napster.

Though the RIAA won its case against Napster and effectively forced the site to shut down in 2001, a myriad of decentralized file-sharing

services emerged and millions of Internet users now benefit from the infringement of the copyright law by these websites.

Radcliffe Mark & Brinson Diane (1999).

Ownership of Copyrights. Retrieved March 29, 2008, from

Patent Law

Patents in the United States are governed by the Patent Act (35 U.S. Code), which established the United States Patent and Trademark Office (the USPTO). The most common...