Copyright

Copyright:The Understood and the Unknown : 

Copyright:The Understood and the Unknown Evonie Rash Principles of Distance Education (EDUC - 7102 - 1) Walden University

The illiterate of the 21st century will not be those who cannot read and write, but those who cannot learn, unlearn, and relearn. : 

The illiterate of the 21st century will not be those who cannot read and write, but those who cannot learn, unlearn, and relearn.

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PICTURE START

What is Copyright? : 

What is Copyright? Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works. Material in the "public domain" is intellectual property that does not come under copyright laws. Nearly all work before the 20th C. is not copyrighted.

What Does Copyright Protect? : 

What Does Copyright Protect? Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

History of Copyright : 

History of Copyright Concept of copyright originates with the Statute of Anne, other wise known as the Copyright Act 1709 and An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such), in Britain, enacted in 1709 and entering into force on April 10, 1710. The act established the author of a work as the owner of the right to copy that work and the concept of a fixed term for that copyright. It was created as an act "for the encouragement of learning", as it had been noted at the time that publishers were reprinting the works of authors without their consent.

History of Copyright : 

History of Copyright As such, copyright was first created with the intention that authors might have some control over the printing of their work and to receive some financial recompense, so that this would encourage them to write more books and thus to aid the flow of ideas and learning. As the act itself says: "for the encouragement of learned men to compose and write useful books." The Statute of Anne was the first real copyright act, and gave the authors rights for a fixed period, a fourteen year term for all works published under the statute, after which the copyright expired. Copyright has grown from a legal concept regulating copying rights in the publishing of books and maps to one with a significant effect on nearly every modern industry, covering such items as sound recordings, films, photographs, software, and architectural works.

Copyright vs. Plagiarism : 

Copyright vs. Plagiarism Plagiarism is the the act of stealing and passing off the ideas, words, or other intellectual property produced by another as one's own. For example, using someone else's words in a research paper without citing the source, is an act of plagiarism.

Life of Copyright : 

Life of Copyright Works created on or after Jan 1978 - life of author + 70 Work for hire 95 years

The Owner/Creator Can: : 

The Owner/Creator Can: copy the work. create derivative works based upon the work. sell, rent, lease, lend copies of the work. publicly perform literary, musical, dramatic, motion picture and other audiovisual works. publicly perform sound recordings.

"The Internet has been characterized as the largest threat to copyright since its inception. The Internet is awash in information, a lot of it with varying degrees of copyright protection. Copyrighted works on the Net include new s stories, software, novels, screenplays, graphics, pictures, Usenet messages and even email. In fact, the frightening reality is that almost everything on the Net is protected by copyright law. That can pose problems for the hapless surfer.” : 

"The Internet has been characterized as the largest threat to copyright since its inception. The Internet is awash in information, a lot of it with varying degrees of copyright protection. Copyrighted works on the Net include new s stories, software, novels, screenplays, graphics, pictures, Usenet messages and even email. In fact, the frightening reality is that almost everything on the Net is protected by copyright law. That can pose problems for the hapless surfer.”

Changing of Times : 

Changing of Times In February 1993, President Clinton created the Information Infrastructure Task Force (IITF) to assist in the formation and execution of his Administration's "vision" for the National Information Infrastructure (Skier, 1996). The IITF came up with a "controversial" paper - called White Paper -- which suggested the revision of the current U. S. Copyright Act so that it can apply to the digital era.

White Papers: The Purpose : 

White Papers: The Purpose Giving copyright owners control over every use of copyrighted works in digital form by interpreting existing law as being violated whenever users make even temporary reproductions of works in the random access memory of their computers; Giving copyright onwers control over every transmission of works in digital form by amending the copyright statute so that digital transmissions will be regarded as distributions of copies to the public; Eliminating "fair use" rights wherever a use might be licensed; Depriving the public of the "first sale" rights it has long enjoyed in the print world, because the white paper treats electronic forwarding as a violation of both the reproduction and distribution rights of copyright law

White Papers: The Purpose : 

White Papers: The Purpose Attaching copyright management information to digital copies of a work, ensuring that publishers can track every use made of digital copies and trace where each copy resides on the network and what is being done with it at any time; Protecting every digital copy of every work technologically and make illegal any attempt to circumvent that protection; Forcing online service providers to become copyright police, charged with implementing pay-per-view rules; Teaching the new copyright rules of the road to children throughout their years at school.

The Negative Aspects : 

The Negative Aspects Through a far-fetched and formalistic interpretation of copying, it would make reading a document on the screen of web browser a copyright violations; It privatizes much of the public domain by overturning the current presumption of "fair use" in non-commercial copying; It makes on-line providers strictly liable for violations of copyright by their members, making it necessary for them to monitor what their uesrs are doing, with obvious negative effects on privacy and on affordable access to on-line services; It would make people civilly liable for attempting to tamper with any copyright protection device or system; It would make it a federal crime to remove, for whatever reason, any of the copyrigth management information embedded in any document.

Working through the Negative : 

Working through the Negative Though the concerns of various stakeholders, especially those that strongly object to their plans, the Clinton Administration tried to legislate what the Paper suggested. Based on this paper, Senators Hatch and Leahy proposed Senate Bill 1284, referred as the National Information Infrastructure Copyright Act, and an identical Bill was introduced in the House (Rafter, 1996). However, such efforts of legislation failed to gain support in Congress earlier in 1996. The debate of '96 version on the revision of the current Copyright Acts for preparing for "the new emerging communication environment," ended up with only small revisions of it The Clinton Administration did not give up their efforts to pursue "free market" policy in the "cyber-copyright" issue, just moving their focus from the domestic to the global "battlefield"; the Clinton administration proposed three treaties, which relied on the almost same principles as the bills just failed to be passed in the Congress, to the World Intellectual Property Organization (WIPO) Diplomatic Conference

Working Through the Negative : 

Working Through the Negative Results of the debate on the copyright issues will seriously affect social, political, economic, and cultural implications of the Internet and the public usage of it. Considering such significance of the issue of copyright in the Internet, the purpose of the present paper will be to (1) discuss the reason that copyright came to be a site of conflicting social claims as the Internet was introduced (2) to identify the social claims raised with regard to the issue of copyright in the Internet (3) to find which "mode of governance" the U.S. government are relying on to reduce those claims; and (4) to analyze the consequences of the mode of governance the government has introduced. In this short paper, I don't mean to cover the whole technical issues of the U.S. copyright law but only to analyze and criticize the process in which such issues are treated and debated in this country.

Current White Paper : 

Current White Paper First, copyright policy is constructed through the interplay among various stakeholders who participate in the policy-making process with their own interests Second, even if various parties participate in the process of policy-making about copyright in the Internet, the direction of the process reflects the power relation in a society. Third, the power relation is directed and governed by the intervention of the Government (Mosco, 1988).

Contradictions in Internet and Copyright : 

Contradictions in Internet and Copyright Is the current legal system and the political structure capable of dealing with problems the Internet might bring about? Has the characteristics of the internet as a new media clearly identified in social, political, economic, and cultural senses?

Contradictions in Internet and Copyright : 

Contradictions in Internet and Copyright There is little consensus about whether the current regulation systems such as the First Amendment, privacy, access right etc. as well as copyright can be applied to the Internet; or whether totally new regulation systems based on different assumptions and philosophy than what we have held for "the traditional media" have to be invented for the “new media”

Means of Domination over Knowledge : 

Means of Domination over Knowledge The vulnerability of the copyright concept results from: (1) a contradiction in the purposes of copyright law (2) a unique relation between copyright law and communication technology.

Means of Domination over Knowledge : 

Means of Domination over Knowledge Instability of copyright concept results from the fact that copyright law is supposed to protect and promote two mutually conflicting rights; content creators and content users.

Lets Ponder for a Moment : 

Lets Ponder for a Moment “Without a legal monopoly not enough information will be produced, but with the legal monopoly too little information will be used." “The primary objective of copyright is not to reward the labor of authors, but 'to promote the progress of science and useful art.”

This is a CONTRADICTION : 

This is a CONTRADICTION

The Contradiction : 

The Contradiction Copyright assures authors the right to their original express, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of science and art.

Means of Domination over Knowledge : 

Means of Domination over Knowledge Copyright law has always been susceptible to the emergence of new communication technology; and which seems to be another factor of the instability of copyright concept.

The Problem : 

The Problem Scholars argued that, before print culture began, there was no such concept as copyright, indicating that the copyright was a product of print technology

The Law : 

The Law The US Copyright Act uses such a "political" term as "keeping balance between copyright holders and copyright users." It seems that the Act possesses a useful means to escape from delicate problems: allowing for political intervention.

Means of Domination over Knowledge : 

Means of Domination over Knowledge If we consider the Internet and copyright together, problems become more complicated since the Internet has formed the environment where anything that can be copyrighted can be digitalized, and anything can be digitalized can be distributed almost instantly around the world. Several fundamental concepts of the current copyright have appeared as controversial since the Internet was introduced.

Hot Issues of Copyright in Internet : 

Hot Issues of Copyright in Internet Authorship and Property Principle of Balance Transmission Fair Use Policing; Service Provider Liability

Authorship and Property : 

Authorship and Property The emergence of the Internet has challenged the conceptual base of intellectual property. Authorship and property are two examples of them. It is with the print revolution that the expression of ideas can be fixed in the form of printed commodity for the first time, something that could be owned or sold in a mass market. Ideas themselves are not property at all unless they are fixed in certain forms; that is, if they are created as part of the process of human communication without a fixed form, they are not protected at all by any copyright law. As the Internet was introduced, it looks as though the concepts such as authorship and property should be redefined.

Principle of Balance : 

Principle of Balance One of the fundamental issues about the copyright regulation is how to define the principle of balance between authorship and readership in the digital era. This issue, in particular, has been seriously raised since Senate 1996 Bill was proposed. Both Senate's and House Bills have been criticized as breaking up such balance by the groups which belong to the Internet access providers.

Transmission : 

Transmission The Department of Commerce Green Paper, referred to as "Intellectual Property and the National Information Infrastructure" has proposed a new right within copyright, called transmission. The Green Paper defined transmission as to "distribute a reproduction by any device or process whereby a copy or phonorecord of the work is fixed beyond the place from which it was sent" (Green Paper, p.122). That is, the Clinton administration considered transmission right as an analog of copying in the print environment. There has been a debate on whether a digital transmission is a distribution of a copy to the public. If every digital transmission is defined as including loading of a material on the Internet into RAM, mere browsing can be interpreted as an infringement of copyright law. Many people worried that public access to information would be seriously restricted if the Government's definition of transmission is applied as it is.

Fair Use : 

Fair Use The only mechanism to protect copyright user's right in the Copyright Act has been the sections of Fair Use. Fair Use has been a copyright user's right to use copyrighted materials without permission of copyright holders. Abasic problem of the Fair Use right is that it is based on unclear and subjective terms. According to the Copyright Act, Fair Use is determined by (1) the purpose and character of the use (whether such use is of a commercial nature or is for non-profit educational purpose); (2) the nature of the copyrighted work (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole (4) the effect of the use upon the potential market for or value of the copyrighted work. However, such terms as "purpose of use," "nature of the work," "amount and substantiality of the portion," or "effect of use" are not clearly defined, so every case about Fair Use has to be determined by a subjective decision of court. Worse, it might be more difficult to determine if a particular case is under the Fair Use if we consider the contents transmitted through the Internet.

Policing: Service Provider Liability : 

Policing: Service Provider Liability One of the copyright issues in the Internet, raised by the copyright holders, is the liability of the Internet providers for copyright infringement by their users They argue that every on-line service provider is already liable for all copyright infringement committed by its users, regardless of whether the service has reason to know about the infringement or takes reasonable steps to ensure that it won't occur (Samuelson, 1996). In other words, the content owners are looking for a certain level of responsibility and participation from access providers to police [copyright] violation

The Internet and Copyright: What’s Protected? : 

The Internet and Copyright: What’s Protected? links original text graphics audio video html, vrml, other unique markup language sequences List of Web sites compiled by an individual or organization and all other unique elements that make up the original nature of the material.

Lets Be Informed : 

Lets Be Informed For more information about Copyright Laws visit the following: www.copyright.gov/ http://www.utsystem.edu/ogc/intellectualproperty/offsite.htm www.exclusiverights.net/

References : 

References Copyright.Wikipedia (2009). Retrieved on November 9, 2009 from en.wikipedia.org/wiki/Copyright . Copyright. Youtube. (2007) Retrieved on November 11, 2009 from http://www.youtube.com/watch?v=es848GfNYCI. Copyright. (2007). Retrieved on November 10, 2009 from http://topics.law.cornell.edu/wex/Copyright. Copyright and the Internet. (2007). Retrieved on November 10, 2009 from https://www.msu.edu/user/kimyong2/copy.htm U.S. Copyright Laws. (2009) Retrieved on November 10, 2009 from www.copyright.gov/. U.S. Copyright Office. (2009). Retrieved on November 10, 2009 from www.copyright.gov/help/faq/faq-general.html.