Creative Commons - America Needs Fair Use Licenses Essay

Imagine the number one song of the year with the most downloads, streaming numbers and views on Youtube could not be nominated for a Grammy. Up until June 2014, artists could not be nominated for such an award unless the song was completely their own, meaning there was no sampling of past music. This may not sound like a big deal until songs like “SOS” by Rihanna or “Ice Ice Baby” by Vanilla Ice became chart topping tracks, and are both derived from older songs. Mark Ronson, music producer and DJ, speaks about how sampled music has changed the way generations discover music, as well as how creative ideas flourish from sampling other artist’s music. In this TED talk “How sampling transformed music,” Ronson gives his opinion on how artists transform

The duration of copyright determines the length of protection. Limitations on this length exist to ensure works enter the public domain. Therefore, the length of protection is one of the most relevant and debated issues regarding copyright law. The proponents and opponents of copyright term extension make compelling arguments, but both sides agree that copyright law should encourage creativity and innovation. If Disney is successful in once again lobbying for an extension of duration, a substantial number of works will fail to enter the public domain in a timely manner. This will, consequently, lead to a stifling of creativity and a suppression of innovation that could be detrimental to progress in the realms of science and the useful arts.

In recent years racial and socioeconomic differences have grown more prevalent in our society, and many wonder why. Growing up in Ethiopia, the concept of race was never popular or significant, as there was little to no racial diversity. Coming from a country where I did not even look at the color of my skin to a place where the only thing people saw was my color, astonished me. Living in the United States and learning about slavery in middle school, I thought of it as something that was long gone, something I would never have to worry about, but as I grew older I began to see the lingering shadows that remained. A petrified twelve-year-old me once asked my mother why we were moving to America and to that question she replied “America is the land of the free; the land of opportunities”. America did feel like an embodiment of her statement my first few years here but as time passed I began to see some clear differences in how society viewed me. I wondered, if this really was the so called “land of the free”, why are minorities incarcerated at a higher rate? And why are there such significant socioeconomic and educational gaps?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The first amendment to the United State's constitution is one of the most important writings in our short history. The first amendment has defined and shaped our country into what it is today. The amendment has constantly been challenged and ratified through literature, court cases, and our media. In fact, media is driven by the first amendment. Without it, we as citizens wouldn't be able to view or listen to what we want,

Music is a unique way of expressing one’s self, though ideas can become recycled and borrowed by other artists. These days, a particularly older person could hear a newly-released song and find the music to be familiar. An artist can simply borrow the music from an older song and then incorporate it into a new song of their own. Many artists and songwriters nowadays use this technique in their own music. Say an older person was to hear the smash hit “Shape of You” by songwriter and singer Ed Sheeran. They would hear a song that they once treasured from their days in the club. The song “No Scrubs” by a high-selling music trio of the 1990’s, called TLC, once wrote a song that contains that same music. This is a perfect representation of the idea of reused music.

Copyright is the legal right, to an inventor to perform, print, publish, film, or record artistic, literary, or musical material, and to allow others to do the same. Copyright law was developed to provide the creators and inventors of any works with powerful and effective rights of exclusivity over their creations (Patterson & Lindberg, 1991). Over the past, these rights were almost unlimited. People would use existing developments as if they were their own without any regard of the creator’s exclusive rights. The need to balance and limit such rights arose, and governments established these limits for the general good of the public.

What makes America so great? Most people would say it's because of our freedom. It

How long does the copyright on an original work last? 70 year after the author past away

When America was first formed it was deemed land of the free and home of brave with freedom to go as you please and hold a weapon. As America progressed into the future it has lost its luster and has become a country of laws that no longer protect the freedom that Americans once had. This loss of control has turned America for the worse and is creating a home that is less wanted by all. America is no longer land of the free and home of the brave. It has been disheveled into a state of turmoil with freedom not being a main priority and people are being frisked against their will as well as the government is pushing their programs which does not help the overall state of Americas economy.

Current copyright protection is entitled to provide the essential mechanism for the insurance of the success viability of creative industries by rewarding and incentivising the creators of original works relating to films, music and broadcasts. The Copyright Act 1968 is initially designed to protect although, despite this, the advancement of technology has led to abuse of the Act, subsequently to withhold its dexterity, the Act has required modification, through; case and statute law. While acknowledging this, it must be understood that the codes; Copyright Act 1968 (Cth), Copyright Regulations 1969 (Cth), Copyright Tribunal Procedure Regulations 1969 (Cth) and the Copyright International Protection Regulations 1969 (Cth) are applied automatically once the work has been published in an accessible format; provided that the author/s are current citizens or residents of Australia. Throughout this report, the Copyright Act 1968 will be analysed in depth to provide a detailed understanding of whether it is possible for the law to be proactive with regards to future technologies. In a developing world of rapid changes and advancements in technology and human behaviour, there is no specific measure that can completely eliminate online copyright infringement.

A copyright gives the originator of literary, artistic, or music works the right to perform, publish, record, or print them. This can include sound recordings, paintings, photographs, films, melodies, television, radio broadcasts, cable programs, performances, and even codes to computer programs (Legal Information Institute). Since copyrights cover several different types of materials, the duration varies depending on what work is being protected. According to the Copyright Act of 1976, musical, artistic, and literary works created after January 1, 1978 have copyrights that last 70 years after the author has passed away, 95 years after publication, or 120 years from creation, whichever expires first (United States Copyright Office, 2011). However, the published editions of these works have copyrights that last 25 years after being first published. Broadcast and cable programs, on the other hand, have a copyright duration of 50 years after being created

Identify and discuss these copyright challenges in the modern digital economy using examples from case law.

The enduring fascination for people is that they want law to be flexible in the matter of copyright. This was clearly expressed by Ed Mayo, Chief Executive of Consumer Focus quoting "UK copyright law is the oldest, but also the most out of date. Before addressing the question it’s important to look at the history and definition of UK Copyright law. It has grown from this beginning to form the main legal basis for the international publishing industry, which contributes so much to literature, learning and culture not only in the UK but it has crossed different nation’s borders.

An alternative emerging approach for licensing music, software, research paper and many other resources on the internet, creative common sharing copyright, is introduced.

Freedom of expression, and open access to media, are as fundamental to the survival of Progress as the sun and rain are to the survival of planet Earth. Yet censorship remains a traditional response of any group that finds itself offended at another's message or creative indulgence.