Q1.Name and describe the two dominant opposing approaches to copyright:
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.
One of the main opposing
…show more content…
In this digital age, however, the internet has provided opportunities allowing the public to share information directly. For this reason, it has brought about many controversies, and it is considered a break of the fair use exception. People can freely share files and videos over the internet (Doctorow, 2006).
The second approach to copyright is the democratic approach. All works of art are ideas built on a foundation of other ideas. The democratic approach advocates that intellectual property belongs to the society and should be available for the general good of the public. If the particular usage is intended to derive financial benefit or any other business-related benefits, it is considered inappropriate usage. If the utilization of factual work were more usable than the use of someone’s creative work, then that would not be fair use. There is no specified edge to the amount of quoted work that can be called “fair use.” The courts exercise common sense to determine if it was too much. If the utilization of the material created market or stirred a competition, and if the fair use diminishes demand for the original product, it is not considered as appropriate use (Crews, 1993).
Q2. How can a propertarian approach to copyright conflict with fair use?
Copyright laws have not evolved much with
The challenge is how the legal system measures fair use and particularly in this case, transformative use. Judges consider four factors for measuring fair use. The first is the purpose of character of the use. Second is the nature of the copyrighted work. The third is the amount and substantiality of the portion taken. Finally, the fourth is the effect of the use upon the potential market (Stanford, 2015). When HathiTrust a Google company, began digitalizing thousands of books from the public library’s and creating metadata, the copyrighted materials were being duplicated by a for profit company.
Since the beginning, copyrights have existed to protect people from theft of content, thus inspiring more creativity from the public. The interpretation of these laws has been twisted by large corporations to serve as a legal means to restrict content for public use and to gain from profitable licensing. It is essential that copyrighted materials are available to everyone for our culture to grow. With the copyright laws so perplexing and different depending on the context, individuals may not understand they are committing a crime by using information and be subjected to lawsuits, despite good intentions. Lawrence Lessig’s three proposals for copyright changes are key concepts facing issues like this. It is crucial we pay attention because our cultural future is in jeopardy.
1. Introduction The history of copyright is one of entanglement. Prior to the first official copyright statute a printing guild known as the Stationers ' Company maintained monopoly power over printing and regulating books. Their monopoly power, granted by the Licensing of the Press Act 1662, was revoked in 1694 after the English Parliament refused to renew it in light
Many say the current copyright laws in Australia are not adequate for a digital age. Do you agree with this point of view, and explain the academic research which leads you to this conclusion. Discuss two examples of copyright law which you believe are no longer relevant in a digital age and provide evidence for the changes you would propose, by analysing current media reports and supporting research?
The idea of categorizing the transgression of private rights in creative works as "piracy" predates statutory copyright law. The
“Intellectual property law is that area of law which concerns legal rights associated with creative effort or commercial reputation and goodwill” (Bainbridge, 2006, p. 03). The law exists to discourage others taking unfair advantage or copying the creative work of another person or group (Bainbridge, 2006). A country’s system of intellectual property rights has set standards to establish a creator’s rights, in order to prevent others from exploiting the economic value of their artistic endeavors, and have actions in place if the exploitation were to occur (Maskus, 2000). Some rights are there to benefit large corporations, while others are there to simply prevent unfair use
Copyright laws protect certain kinds of original works, such as books, compact discs, films, and software. Creations such as the aforementioned are referred to as “intellectual property”. Intellectual property is divided into two categories:
Copyright was incorporated to promote advancement of knowledge and to protect the right of the inventor, yet the law’s interpretation to the present society is doing the exact opposite. Intellectual Property consists of two systems in protecting your ideas and inventions, copyrights and patents. Patents are usually used for creators or inventions while copyright is more of expression or ideas like music, movies, etc. The intellectual property, copyright and patents placed in nowadays are causing a big issue and are not doing the original laws justice. The first amendment prohibits abridging the freedom of speech (1st Amendment Bill of Rights). Based on what the first amendment allows us to do, individual should not be prevented from exercising that right. Intellectual property, copyright and patents are causing the very problems they were created to prevent. Companies are misusing these rights for their own economic advancement. Kembrew Mcleod made similar arguments in his piece, Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity. There has to be middle ground within these laws so that issues do not arise.
Intellectual products are considered as ‘non-excludable’ and ‘non-rival’ goods. Since intellectual products neither prevents a person to enjoy the benefits of a product over others nor does the use by the first person diminish the value of the product. Therefore, if property right over creative works are vested to the society then the price of a product will be zero, the prospect of any revenue will diminish and the incentive to create will fade. As such, there was a strong reason to implement efficient copyright term of protection. However, it is wrong to assume that copyright products are public goods because copyright law can exclude others over a fee paying consumer.
Copy right laws I can say is one of the most important aspects of every conceived idea any one brings up. We can say a copy right is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. (Google, n.d).Theses laws are very important because they help ensure that credit is always given to the owner of an information. With all the above said I am in total agreement that it is very important that’s why this paper going to discuss the importance of copy right laws and some other aspects of
It was 17th century philosopher John Locke who popularized the idea that the ideal government’s principle duty was to protect the material property of its citizens, but perhaps just as important to the health of a nation, is the protection of the citizen’s intellectual property. Without the protection of intellectual property innovators and artists would have no rights to their creations, therefore no incentive to create new works. To protect these men and women, lawmakers drafted some of the most important pieces of legislation in our nation’s history: copyright law. Copyright law guarantees that the rights to a creative work are held by the creator. This means that works that fall under copyright cannot be sold or reproduced without the creator’s consent. This gives creators the security that their assets will not be stolen, and thus, creates and environment that encourages new innovation, and fosters artistic expression. However, copyright law today is deeply flawed, often achieving the opposite of its original goals. Today, both individuals and large corporations use copyright law as a tool to stifle competition, and remove works that they object to. From this, we have been left with a copyright system that fails to protect people from false copyright takedown claims on the internet, that has copyright terms that are much too long to be reasonably justified, and that does not guarantee the rights that are promised under fair use. To solve these shortcomings, it is
was 17th century philosopher John Locke who popularized the idea that the ideal government’s principle obligation was to protect the material property of its citizens, but perhaps just as important to the health of a nation, is the protection of the citizen’s intellectual property. Without the protection of intellectual property innovators and artists would have no rights to their creations, therefore no incentive to continue working on creating. To protect these men and women, lawmakers drafted some of the most important pieces of legislation in our nation’s history: copyright law. Copyright law guarantees that the rights to somebody’s works are held by the creator. This means that works that fall under copyright cannot be used, sold, or reproduced without the creator’s consent. This gives creators the security that their assets will not be stolen, and thus, creates and environment that encourages new innovation, and fosters artistic expression. However, copyright law today is deeply flawed, often achieving the opposite of its original purpose. Today, both individuals and large corporations use copyright law as a tool to stifle competition, and remove works that they may not like. They are able to do this through manipulation of politicians and holes in the law. From this, we have been left with a copyright system that fails to protect people from false copyright takedown claims, that has copyright terms that are much too long to be reasonably justified, and does not
There cannot exist a single market for information society services relying on copyright exceptions, unless those exceptions and their interpretations are harmonised across the EU. Whilst the Directive has harmonised certain rights , the same cannot be said about the exceptions of Article 5. We encourage the Commission to review Directive 2001/29/EC in order to address some of the main challenges consumers face in the digital age.
As one of the three most important aspects of intellectual property, copyright is an indispensable part of the domestic and international protection. As one of the earliest countries to be aware of the importance of the protection of intellectual property, the United States paid great attention to the protection of copyright. All the treaties and legislation are aiming at reaching the balance between the creators’ interests and the competitors’ rights.
"Copyright (or creator 's privilege) is a lawful term used to depict the rights that makers have over their scholarly and imaginative works. Works secured by copyright range from books, music, compositions, model, and movies, to PC programs, databases, notices, maps, and specialized drawings."