Essay about Copyright Laws No Longer Relevant in a Digital Age

The Information Age, also known as the Digital/Tech Revolution is the third major revolution in the history of human civilization. This period in history is filled with modern technology that has advanced humanity in some form through a new-found ease in information sharing. Whether it’s through computers, cell phones, cable, digital photography, or another form of technology this season of time is continuing to have a major impact on the way individuals share with one another. The different aspects that make up this current period of time are quite extensive. From what influenced the creation of this revolution to what has been affected by the Information Age are all important in understanding what the Digital/Tech Revolution is.

Piracy has always been an issue for intellectual property owners. Piracy existed even as early as the 1500’s. In one famous instance, Renaissance artist Marcantonio Raimondi copied some of Albrecht Dürer’s works and claimed it was his own (Gambino, 2011). Politicians and content creators try to combat piracy with laws and lawsuits, but people engaging in piracy remain active and elusive. However, the development of the Internet has exacerbated this issue. Technological advancements, specifically the advancements in file sharing, have made the exchange of information extremely inexpensive, quick, and easy. People have direct access to unauthorized copies of millions of movies and songs due to programs such as Napster and Limewire. Thus, illegal

Signed into law by President Clinton on October 28, 1998, the Digital Millennium Copyright Act (DMCA) "was the foundation of an effort by Congress to implement United States treaty obligations and to move the nation's copyright law into the digital age." ("Executive Summary DMCA Report") While this seems a valid description of the law, perhaps a more accurate interpretation lies in the following statement: "The DMCA is a piece of legislation rushed through Congress by the entertainment industry lobbyists to protect its monopoly on commercially-developed digital content, cartels, price-fixing, and to maintain its status quo as the single entity that can direct what should be 'popular' or 'used' by

of having to buy the book for themselves. While this is a noble act by the

The majority of society has adapted to the technology-rich world that we live in. After all, an important aspect of a good electronic is its user-friendliness and adaptability. We have taken advantage of all technologies improvements in products and services. However, in the future, technology will provide much more than just products and services. It will provide autonomous transportation and engrossing entertainment. It will also enhance education, ameliorate the healthcare industry, help the environment, grow global economy and much more. Technology will have a vital

In the late 1990s, most homes and organizations began to receive Internet access. In correlation, many features became available to Web including the fact that files of any type could be downloaded with ease from any source quickly and often for free. The film and music industries felt that the availability of the Internet was posing a large threat to their business model. It was so easy to obtain a song or even an entire movie clip with a click of a mouse. Software and books could be had for “free” as well. It was a common misconception then that these files were available for the taking without needing to pay for it and also without any worry of penalty. In turn, many otherwise “innocent” individuals would obtain this copyrighted

First, all the necessary background information will be provided. Terms such as copyright, copyright infringement, copyright takedown, and fair use will be defined. The definitions for these terms were found in Richard Stim’s book, Copyright Law. Not only will this paragraph define these terms, but it will also put them in historical context. It is important when dealing with a particular law to know its development through time and how it has reacted to changes in society, technology, and the economy. The main source of historical knowledge of copyright law comes from the book, A Short History of Copyright: The Genie of Information by Benedict Atkinson and Brian FitzGerald. After giving the reader the proper framework to understand the claim, the paper will go on to outline the different issues that plague our current system. Most of the information for this section of the paper will come from two sources: Anna Woelfel’s dissertation, “Copyright v. Creativity: The Chilling Effect of U.S. Copyright Law on Artistic Expression" and Lydia Pallas Loren’s paper, "Deterring Abuse of the Copyright Takedown Regime by Taking Misrepresentation Claims Seriously." This section’s main areas of focus will be highlighting the serious problem false takedown claims, and the impact that the United States’ faulty copyright system is having on artistic expression. The final section of the paper will propose the solutions to solve the aforementioned problems. Each suggestion that was made in the thesis will be explained one by one to show why they are the correct course of action. Anna Woelfel’s dissertation and Lydia Pallas Loren’s paper will both be cited heavily for this part of the paper as well, along with "A Call for Copyright Reform" by Emily Toronto and Stephen G. Wood. This will be followed by a critique of opposing reform suggestions made by Joel Boehm in "Copyright Reform for the Digital Era: Protecting

Throughout the everyday lives of people all around the globe, they are constantly bombarded with the use of technology in its many shapes and forms.

Technological advances have been exploding in the past few years at an astounding speed. Gone are days of dial up internet access and waiting to download files that took hours. The technology today will allow a person to send and receive information in seconds. Smart phone technology has virtually replaced the need for a desk top computer or even a laptop. The invention of touch screens for computer and cell phones allows the user to eliminate the keyboard and use a finger or a stylus pen (O’ Brien & Marakas n.d.).

The "Freedom and Innovation Revitalizing United States Entrepreneurship Act of 2007" (FAIR USE Act) was a proposed United States copyright law that would have amended Title 17 of the U.S. Code, including portions of the Digital Millennium Copyright Act (DMCA) to "promote innovation, to encourage the introduction of new technology, to enhance library preservation efforts, and to protect the fair use rights of consumers, and for other purposes.

In our present day in age, technology and the internet has made it very easy to find and obtain music, movies, television shows, and other media forms without having to pay a fee. In recent years, the music and movie industry, the Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA) initiated a campaign to combat the illegal sharing and downloading of files, songs, and movies. These illegal files are usually transferred through users and peer-to-peer networks including LimeWire, FrostWire, Bearshare, Kazaa, and most importantly Napster, which initiated it all. The illegal files are not only limited to music and movies but also various types of pirated software, such as Microsoft Office or Adobe Photoshop, that are accompanied with serial numbers and instructional manuals. The RIAA and MPAA argued that if an individual exerts much time, effort, and money into a piece of art or software that they created, they should be thoroughly compensated. Therefore, the Digital Millennium Copyright Act was created and instituted by the United States Congress to restrict internet piracy by banning the fabrication, allocation, and illegal distribution of pirated materials. In addition, the DMCA was used to accommodate the constant changes of the growing digital age into current copyright laws that are usually reserved for books, magazines, or articles. The Digital Millennium Copyright Act is just and protects the rights of the artists and

The verb copy is defined as “To reproduce an original.” (Webster, 57-58) This idea of copying has been around for hundreds of years. In the current time, laws have had to be written to protect against the idea of copying someone else’s work. There are ways around the copyright laws. “A copy is in violation of a copyright if the original can be “perceived, reproduced, or otherwise communicated by or from the copy, directly or indirectly.” As years go on, copyrights become more and more specific as to what uses and kinds of copying are covered. (Baase, 239)

The rise of the Internet era opened the whole new market for traditional media full of opportunities as well as threats. Online piracy being one of them because the music and film industry loses £5.4bn in a year and if it was reduced by 10% it could have created up to 13 thousand jobs in the UK. There are various attempts taken to fight with online piracy; a case study of Anti-Counterfeiting Trade Agreement will be considered as well as other legislations attempting to regulate copyrights in the Internet. This

A recurrent theme evident throughout copyright literature is the comparison between ‘fair dealing’ and ‘fair use. These provisions allow for additional rights to be awarded to users for educational or research purposes. Their meaning and scope are defined by different legal systems, thus are not synonymous terms. ‘Fair dealing’ is a legal term pertaining to common law jurisdictions. It is used to establish whether the use of a copyright material is lawful or whether it infringes copyright. With research or private study as a central requirement, a two-part test must be carried out with the purpose, the character, the amount, the alternatives, the nature, and the effects of the dealing taken into consideration. The introduction of the ‘fair use’ model, with ‘different elements’ to the US doctrine, is highlighted by the ‘Modernising Copyright’ Report 2013. With recent worldwide trends moving to a ‘fair use’ doctrine, there are many advocates promoting the method, considering it a highly flexible way of enabling use of copyright works without infringement. Universities Australia, in its submission to the ALRC discussion paper, believed the replacement of ‘fair dealing’ exceptions with ‘fair use’ would enable academics to use copyright material in more advantageous ways currently afforded to the US. Fair & Tidmarsh also reach favourable conclusions, noting that it would allow copyright works to be used in a way “consistent with the greater public interest of facilitating

The internet completely changed the business of copyright infringement. While the internet makes it easier to identify copyright violations, it also enables those same violators to a previously unprecedented degree. This is