Wednesday, January 31, 2007

QOTW3: To Share or Not to Share

With the ever increasing convenience of the internet, file sharing have long since easily available. Want to watch a movie that you have missed? How about that new song by Beyonce? Or fancy a new game? All these, believe it or not, can be found "downloadable" online, if you know where to look. With the advent of file sharing, what people fail to realise is that, by downloading these materials could get you involved with the law. Thats right, I'm talking about Copyright laws.

Just what are the Copyright Laws?

Copyright is a protection that covers published and unpublished literary, scientific and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form. (What is Copyright Protection, 2003) Simply put, Copyrights literally mean "the right to copy" an original creation. It is however, not designed or intended to cover the actual idea, concepts, facts, styles, or techniques which may be embodied in or represented by the copyright work. (Copyright, 2007) Mainly, copyright laws grant the creator the exclusive right to reproduce, prepare derivative works, distribute, perform and display the work publicly. Exclusive means only the creator of such work, not anybody who has access to it and decides to grab it. (What is Copyright Protection, 2003)

How does it affect the content creators and us?

Content creators have long since battled the war of content sharing and fair use. Whether it is a book or a soundtrack, both are easily availble online. Especially soundtracks, where copyright laws state that copying is not illegal, distribution, however, is. (What is Copyright Protection, 2003) So it does not matter if you made yourself a copy of a CD for your own use, however giving it to someone else, or worse, selling it, would infringe on Copyright laws.(Brady, 2007)

What can be done?

Because lines are are constantly blurred when it comes to the copyright of different media, there should be a clear rule against the illegal distribution of any type content. Also, copyright laws, according to the Berne Convention, protects the content for a general and minimum period that lasts the life of the author and fifty years after the author's death. This too, should be modified to a shortened timespan. For what good is it to the authors if their work is protected even after they are dead? (Copyright, 2007)

In all, copyright laws should be enforced more clearly and be stricter on violators, especially with the increasing convenience of the internet. This is because, many people think that content online is a "free-for-all". However, just because content is freely available online, does not mean it can be freely copied or distributed. Unless the owner has expressly relinquished his rights, those rights are reserved by default. (Brady, 2007)

Laws should be clearly spelt out and be general across the board to avoid confusion. If I can download music tracks for my own use, does that mean that I could download movies as well? I probably can't because copyright laws only make exceptions for music tracks. Education about the laws are crucial in avoiding a brush with the law. Ignorance is not an excuse with regard to copyright laws. It's main principle, in fact states that "Ignorance of the Law does not make one exempt from compliance thereof." (What is Copyright Protection, 2003)

Lastly, harsher punishment for violators would set an example to those who are harboring thoughts of content infringement. Also, it shows that no matter if you are in the comfort of your own home, online, by violating the copyright law, you are still liable and would be found and procecuted

With regard to how to accomodate both content creators and the general public under copyright laws, it would be advisable to make a portion of the content available. In that, creators should allow a sample of the content be made available to the public. This would not only be legal but also entice the public to purchase the rest of the content.

Conclusion

To end, copyright laws draw a very fuzzy line between what is available and what is not. In a "better-to-be-safe-than-sorry" situation, it is just safer just not use other people's work and if need be, to always credit your sources. And if you really have to download your favourite music track, please, don't go make a business out of it.


References

Kevin S. Brady (2007). "Copyright FAQ: 25 Common Myths and Misconceptions". Retrieved 31st January, 2007 from http://users.goldengate.net/%7Ekbrady/copyright.html

What is Copyright Protection (2003). In WhatisCopyright.org. Retrieved 31st January, 2007 from http://www.whatiscopyright.org/

Copyright (28 January, 2007). In Wikipedia, the Free Encyclopedia. Retrieved 31st January, 2007 from http://en.wikipedia.org/w/index.php?title=Copyright&oldid=104140398

1 comment:

Kevin said...

Jon: Was hoping for a more creative solution though... imagine if you had the power to change copyright, it appears that you would choose to leave it as it stands.

Either way, good work. Full grades awarded.