What was the Napster case about and what does the outcome mean?

Today’s Napster is not what it used to be. Prior to 2001, Napster was a free download application where music MP3’s could be downloaded, uploaded, and traded free of charge. The idea behind it was that people had a right to share their music with others and Napster was simply providing a means of doing just that. The federal copyright code details specific exclusive rights given to musicians for their works.

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What is “fair use” in intellectual property law?

Fair Use is a defense to a claim of copyright infringement. This means that if you were to use a work and you thought your use was “fair use”, you would have to be sued for infringement and assert that defense. You or your attorney stating this belief would not prevent you from having to prove this defense in court as part of a copyright infringement claim.

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What remedies are available for copyright infringement?

In a copyright infringement case, you may get actual damages, which is the amount of money from lost business, or the amount the infringer gained, meaning, what he or she made from your work. You may also be entitled to statutory amounts and attorneys fees if you registered the copyright within 90 days of publication.

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