Doesn’t the First Amendment give me the right to download and upload anything I want, including copyrighted music?
The answer is, no, it does not. What copyright law prohibits is theft, not free expression. Doesn’t the “Fair Use doctrine” give me the right to download and upload copies of music I’ve purchased? No, it doesn’t. In certain instances, the use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship or research might not constitute infringement, depending on (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used in relation to the copyrighted work has a whole, and (4) the effect of the use on the potential market for or value of the copyrighted work. However, courts have rejected the notion that uploading and downloading copyrighted sound recordings without permission constitutes “fair use.” Besides the record companies, who does copying music actually hurt? First and foremost, illegal copying hurts the songwriters and recording artists who make the music. These p
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