Copyright has been a matter of great importance throughout history, with our founding fathers deeming it significant enough to be included in the writing of our Constitution. Copyright was originally purposed to give content creators rights to benefit financially from their works, which was used as an incentive for them to keep creating. The public could also benefit from copyright because they would have the right to freely use the work (after its copyright law has expired), and as the creators continued to form new ideas, the public would continue to benefit from them (Information in Cyberspace). However, over time I feel that that this delicate balance has been disrupted, and the copyright laws have gradually leaned in favor the content creators, neglecting to protect the public good.
Today, copyright infringement is a serious crime, generating fines in the thousands. The problem with copyright infringement is that many people are not aware that they are doing it. There is a very blurry line between copyright material and what is considered free use (an exemption of a copyright holder's rights). The criteria that determines whether a work is fair use or not is: (1) the purpose of the use (2) the nature of the copyrighted work (3) the amount and sustainability of the portion taken and (4) the effect of the use upon the potential market (Concurring Opinions). Copyright law has many complexities and exceptions that several people find it hard to keep up with it, let alone publish within its guidelines.
In the age of the internet, copyright law is more confusing than ever due to the overwhelming wealth of new information that is the web. The new digital environment "gives users the ability to create, modify, distribute, and present information on a scale that has not been possible before (Information in Cyberspace).” People are creating new information on the web everyday, which can be changed or updated at any given moment. Information itself is very different on the internet compared to other mediums. This is because web information is digital and not in a tangible form, such as a book or movie. As a result, copyright law needs an update in order to keep up with the ever growing and changing digital environment.
I believe that copyright law when applied to the internet, is too strict. The Digital Millenium Copyright Act of 1998 attempted to transfer copyright law from tangible works to intangible ones (digital information). However, the act worked too hard to protect the content creators, and not the public. It focused too much on the technicalities, implementing several technologies, serving to protect content. I feel that these anti-copying technologies are too strict because the technologies don't allow for copying of any sort, even if it's copying that would ordinarily be allowed with copyright exemptions or fair use (Information in Cyberspace). However, the main problem with the act is that it neglected to address that the fact that the internet above anything, a social environment, where people should be able to exchange information freely and openly.
I fear that with the growing popularity of blogs, copyright enforcement will soon make its way into the blogosphere, much like it did for music file sharing. This is because blogging often entails copying a great amount of information and images from the web (much like I did in this post). In addition, bloggers are less critical of how they are citing their sources compared to writers of other works, such as print (Concurring Opinions). This is because bloggers feel less at risk due to the open feeling of the blogosphere and also, its current, lenient copyright enforcement. However, some people theorize that this policy is about to change soon. Vauhini Vara offers this warning in writing for The Wall Street Journal:
"Bloggers, beware: That photo of Tom Cruise and Katie Holmes on your Web site could be fodder for a lawsuit. Stock photography companies like Getty Images Inc. and Corbis Corp. are using high-tech tools to crack down on Web site owners who try to use their photographs without paying for them.While music and movie studios remain suspicious of the Internet, many stock photography companies have digitized their collections so that customers can easily access them online. At sites like GettyImages.com and Corbis.com, advertisers, publishers and others looking to license professional photographs can browse and purchase millions of high-quality images. In making it easy for customers to find pictures, though, the sites have also made it easier to swipe a copy of an image and post it on the Web (Wall Street Journal)."
Vara points out that one thing that is great about blogging is the capability of including images and video clips in blogs, making them more personal and noticeable. If bloggers played it safe, and stayed away from all images and quotes because they were unsure of where they originated, the blogosphere would be a very boring place. If copyright laws were enforced more in blogging, it would likely turn off many current bloggers because of fear of copyright infringement and also, the inconvenience of attempting to paraphrase all of their information instead of using direct quotes (Concurring Opinions).
As the blogosphere continues to grow and become more profitable, I believe it is more at risk than ever to increased copyright enforcement. We need to protect the current state of the blogosphere as a free and open place, where people can state their opinions, and report on issues without much thought about if they are following the guidelines of free use. I believe the way to do this is to battle the current, strict copyright laws on the internet before they can be applied to the blogosphere.
Sources
Administration (29 August, 2007). Information in Cyberspace. Retrieved 10 September, 2008, from the University at Texas Web site: https://cyberspace.ischool.utexas.edu/course/five/intro.php
Solove, Daniel. (15 December, 2005). What If Copyright Law Were Strongly Enforced In the Blogosphere? Retrieved 10 September, 2008, from Concurring Opinions Web site: http://www.concurringopinions.com/archives/2005/12/what_if_copyrig.html
Vara, Vauhini. (14 October, 2005). Photo Agencies Scour the WebFor Copyright Violations. Retrieved 10 September, 2008, from The Wall Street Journal Web site: http://online.wsj.com/public/article/SB112897424251164666-0mFu92_5xrCHDRrqLE9YeCOfOnI_20061015.html?mod=tff_main_tff_top
Today, copyright infringement is a serious crime, generating fines in the thousands. The problem with copyright infringement is that many people are not aware that they are doing it. There is a very blurry line between copyright material and what is considered free use (an exemption of a copyright holder's rights). The criteria that determines whether a work is fair use or not is: (1) the purpose of the use (2) the nature of the copyrighted work (3) the amount and sustainability of the portion taken and (4) the effect of the use upon the potential market (Concurring Opinions). Copyright law has many complexities and exceptions that several people find it hard to keep up with it, let alone publish within its guidelines.
In the age of the internet, copyright law is more confusing than ever due to the overwhelming wealth of new information that is the web. The new digital environment "gives users the ability to create, modify, distribute, and present information on a scale that has not been possible before (Information in Cyberspace).” People are creating new information on the web everyday, which can be changed or updated at any given moment. Information itself is very different on the internet compared to other mediums. This is because web information is digital and not in a tangible form, such as a book or movie. As a result, copyright law needs an update in order to keep up with the ever growing and changing digital environment.
I believe that copyright law when applied to the internet, is too strict. The Digital Millenium Copyright Act of 1998 attempted to transfer copyright law from tangible works to intangible ones (digital information). However, the act worked too hard to protect the content creators, and not the public. It focused too much on the technicalities, implementing several technologies, serving to protect content. I feel that these anti-copying technologies are too strict because the technologies don't allow for copying of any sort, even if it's copying that would ordinarily be allowed with copyright exemptions or fair use (Information in Cyberspace). However, the main problem with the act is that it neglected to address that the fact that the internet above anything, a social environment, where people should be able to exchange information freely and openly.
I fear that with the growing popularity of blogs, copyright enforcement will soon make its way into the blogosphere, much like it did for music file sharing. This is because blogging often entails copying a great amount of information and images from the web (much like I did in this post). In addition, bloggers are less critical of how they are citing their sources compared to writers of other works, such as print (Concurring Opinions). This is because bloggers feel less at risk due to the open feeling of the blogosphere and also, its current, lenient copyright enforcement. However, some people theorize that this policy is about to change soon. Vauhini Vara offers this warning in writing for The Wall Street Journal:
"Bloggers, beware: That photo of Tom Cruise and Katie Holmes on your Web site could be fodder for a lawsuit. Stock photography companies like Getty Images Inc. and Corbis Corp. are using high-tech tools to crack down on Web site owners who try to use their photographs without paying for them.While music and movie studios remain suspicious of the Internet, many stock photography companies have digitized their collections so that customers can easily access them online. At sites like GettyImages.com and Corbis.com, advertisers, publishers and others looking to license professional photographs can browse and purchase millions of high-quality images. In making it easy for customers to find pictures, though, the sites have also made it easier to swipe a copy of an image and post it on the Web (Wall Street Journal)."
Vara points out that one thing that is great about blogging is the capability of including images and video clips in blogs, making them more personal and noticeable. If bloggers played it safe, and stayed away from all images and quotes because they were unsure of where they originated, the blogosphere would be a very boring place. If copyright laws were enforced more in blogging, it would likely turn off many current bloggers because of fear of copyright infringement and also, the inconvenience of attempting to paraphrase all of their information instead of using direct quotes (Concurring Opinions).
As the blogosphere continues to grow and become more profitable, I believe it is more at risk than ever to increased copyright enforcement. We need to protect the current state of the blogosphere as a free and open place, where people can state their opinions, and report on issues without much thought about if they are following the guidelines of free use. I believe the way to do this is to battle the current, strict copyright laws on the internet before they can be applied to the blogosphere.
Sources
Administration (29 August, 2007). Information in Cyberspace. Retrieved 10 September, 2008, from the University at Texas Web site: https://cyberspace.ischool.utexas.edu/course/five/intro.php
Solove, Daniel. (15 December, 2005). What If Copyright Law Were Strongly Enforced In the Blogosphere? Retrieved 10 September, 2008, from Concurring Opinions Web site: http://www.concurringopinions.com/archives/2005/12/what_if_copyrig.html
Vara, Vauhini. (14 October, 2005). Photo Agencies Scour the WebFor Copyright Violations. Retrieved 10 September, 2008, from The Wall Street Journal Web site: http://online.wsj.com/public/article/SB112897424251164666-0mFu92_5xrCHDRrqLE9YeCOfOnI_20061015.html?mod=tff_main_tff_top
2 comments:
I never thought about how I am breaking coptright laws every week in this class when I take pictures off of other websites. You are right these laws are too strict
I think they are too strict, but people should profit from their ideas and their work. I'm not sure how they can co-exist though.
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