THE AVAILABILITY OF THE FAIR USE DEFENSE IN MUSIC PIRACY AND INTERNET TECHNOLOGY.docxVIP

52 Fed. Comm. L.J. 727Federal Communications Law JournalMay, 2000NoteTHE AVAILABILITY OF THE FAIR USE DEFENSE IN MUSIC PIRACY AND INTERNET TECHNOLOGYSonia Dasa1Copyright (c) 2000 Indiana University Board of Trustees andthe Federal Communications Bar Association; Sonia Das Introduction728Recording Industry Association of America v. Diamond Multimedia Systems, Inc.729Ninth Circuit Case Interpretation730The Rio Case as a Fair Use Issue732 The Historical Development of Fair Use733Video Recording Technology and Fair Use734Photocopying and Fair Use738Analysis of Fair Use Under the Rio Case743Purpose and Character of the Use743Nature of the Copyrighted Work744Amount and Substantiality of the Work Used in Relationto the Copyrighted Work as a745WholeEffect of the Use on the Potential Market for and Value of the Copyrighted Work746Conclusion746*728 I. IntroductionAs technology advances, musical artists and the recording industry face new challenges for protecting the copyrights of their works. Much of the new technology is inexpensive and readily available on the Internet, often at the expense of copyright protection. Online stores like A or , musical artist home pages, and unofficial Web sites maintained by fans are some of the newest means through which music aficionados may listen to and purchase music. Unfortunately, despite the large number of legitimate sites over which listeners may listen or purchase music, the majority of Internet music sites are illegitimate, featuring music publicized online without permission from the copyright holder. Moreover, the Internet often leaves the music industry without copyright infringement remedies since Webmasters cannot be located without significant costs and Web users are often too removed from the initial infringement.Because the recording industry seeks to protect its copyrights from Internet piracy, it also has encountered adversity dealing with companies that produce devices that encourage or simplify piracy. One such device