Legal Concepts

Property promotes prosperity. Protecting property rights gives incentives for people to continue to create music and video. Without this incentive--and the monetary advantage it brings--music and video would not be made widely available. "By allowing people to keep and benefit from what they produce, property motivates effort in a way that...is very natural to human beings" (Reed, Shedd, et al, 2004, p. 180).

Intellectual property Copyrighted music and video falls under the category of intellectual property. "Intellectual property applies to allow owners to exclude others from 1) intangible resources like certain secrets that businesses have, 2) the copying of various creative expressions, and 3) the reproducing of inventions and marks that identity the producers of goods and services" (Reed, Shedd, et al, 2004, p. 194).

Copyright (definition) Allows for protection of some forms of intellectual property, as long as the work is original, tangible and creative. "Copyright gives a property a certain creative work that keeps others from reproducing it without the owner's permission" (Reed, Shedd, et al, 2004, p. 206)

Copyright protection Copyright protection allows for intellectual property to be protected by giving the owner control of distribution of the medium and the ability to gain from that. Downloaded music and video should fall under copyright protection. "The copyright allows the holder to control the reproduction, display, distribution, and performance of a protected work" (Reed, Shedd, et al, p.206).

"When the author has observed the proper formalities, however, she or he may recover actual or statutory damages, attorney's fees, and any profits the infringer has made" (Reed, Shedd, et al, 2004, p. 207).

Fair Use Allows for certain uses of copyrighted material without specific permission of the owner. Downloaded music and video may be legal if it