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Journal of Technology Law & Policy

Document Type

Article

Abstract

This Article addresses a concern over the emerging use of cloud-based services for the storage and enjoyment of copyrighted music without the copyright holder granting the cloud-based service a license to copy or play back the music. Specifically, the Amazon Cloud Player will be examined with an eye toward the question of whether Amazon.com needs a license in order for users who have legally purchased copyright protected music to store and enjoy that music on the Amazon Cloud Player.

The implications of the questions raised in this Article cannot be understated. More and more content is being stored in the cloud for various purposes. Not only is it being stored in the cloud, it is being enjoyed in the cloud without the need to transfer the file to a local computer. Storage and access to copyrighted works in the cloud raises legitimate questions as to how this new technology intersects with existing laws. Without a clear set of rules, companies and users will not know what they can and cannot do in the cloud with copyright protected works.

It should be understood that this discussion of the Amazon Cloud Player will require the resolution of two separate questions. First, may copyright protected content be stored in the cloud in the Amazon Cloud Player without a license? Secondly, does content stored in the cloud require a specific license granted by the copyright holder to play back that content directly from the cloud?

Part II of this Article discusses the background of the technology at issue in this situation, specifically the development of analogous technology and the classification of the intellectual property rights. Part III of this Article examines the appropriate statutory law and case law. Part IV discusses the issues raised, while Part V provides the analysis. Part VI is the conclusion.

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