Thursday, February 1, 2007

I can COPY this RIGHT? No!


In today’s world, technology is growing so rapidly that people often find themselves overwhelmed with what is right and wrong in the digital realm. Everyday, people are violating copyright laws and they do not even know it. For example, recording music on a CD for a friend without the bands permission is a violation, especially if you sell it. It may seem like an innocent, everyday act but it can reap serious repercussions. Copyright infringement is perhaps more pressing today than it has ever been before. This is largely in part to the internet. The internet allows for very fast and easy sharing of information. It is important to know the definition of copyright so we can better understand the penalties involved. According to the University of Texas at Austin’s i312 page, copyright “gives creators some exclusive rights” that protect their works. The following is a list of these particular rights as shown here.

  • reproduction. Only the creator can authorize that copies of his/her work be made and authorize the distribution and publication of copies.
  • derivative works. A derivative work is a work that is based on the initial work, and uses copyrighted material in its creation.
  • public performance. Only the creator can authorize that a works can be performed, like in music and theater.
  • public display. Only the creator can authorize the public display of their work, such as graphic or sculptural works.

If a person violates one of those creators’ rights, they will be punished if caught. Punishments range from confiscation of infringed work to a devastating $150,000 fine - if the act was done willingly (Ovalle 2005). However, in today’s society, catching people in the act can be a very difficult thing to do. One could argue that copyrights encourage people to develop new and interesting works because they need not worry about their work being copied or stolen. Therefore, it is very important to protect their rights.

Companies can hurt themselves by simply not knowing they need a license to play music. For instance, it is copyright infringement when telephone intercom systems play music while callers are on hold, unless they have a license (Lindsey 2005). Who would have known that was a violation? The National Law Journal states, “In the last two years, the RIAA has filed 14,800 lawsuits against individuals for illegally downloading and distributing copyrighted music on the Internet” (Baldas 2005). One would ascertain that those people never expected to be in court for simply downloading music. No one ever hears about music copyright infringement issues unless they are on a much larger scale. The site goes on about specific family cases where parents’ children are brought to court for downloading music. These cases continue to grow because of a lack of legal education. Computer programs like iTunes and programs in school teaching kids about copyright laws can be a step in the right direction to solving the current problem. iTunes is easy to use and it is relatively cheap (certainly cheaper than cd's, and dvd's). This can save people major problems that they would find in court.
Copyright is a complex subject because there are limits and exceptions in certain areas, but the point is people need to educate themselves better so they can protect themselves and others.

References

Ovalle, C., (2005). An Introduction to Copyright. i312 Information In Cyberspace. Retrieved January 31, 2007, from http://sentra.ischool.utexas.edu/%Ei312co/1.php

Lindsey, M., (2005). Music and Copyright. Retrieved January 31, 2007, from http://publishing.wsu.edu/copyright/music_copyright/

Baldas, T., (2005). The National Law Journal. Music Piracy Defendants Fighting Back. Retrieved January 31, 2007, from http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1128675912177

1 comment:

Derek said...

Very good post. The solution you've proposed is one that has actually been promoted before -- see the LA Boy Scout copyright badge for one example. But is ignorance really the major problem? Do you think the kids using Limewire or DC++ are unaware that copyright infringement is illegal?