copyright: freedom vs. control

©OPYRIGHT

In the Age of “New Media”

A social issues presentation by Albert Ou

What is copyright?It grants the copyright holder a bundle of exclusive rights to control certain uses of a “creative work”…

To copy and distribute the

work

To publically perform the

work

To publically display the

work

To create derivative

works

To profit from the

work

…which means that if the rest of us want to use the work in these ways…

We must usually ask for permission.

Images courtesy of Creative Commons

?So why does copyright matter to us?

music video images books

It automatically applies to every tangible form of creative expression:

Copyright is everywhere.

We may not always notice the effects of copyright, but we cannot avoid them.

Images courtesy of Creative Commons

Understanding purpose

?True or False?

The primary purpose of copyright is to give authors and artists credit for their works and to “protect” them from those who intend to steal the fruits of their labor.

Answer: False

Yet most people still believe this to be true.

“To promote the progress of Science and the Useful Arts…”

– Article I, Section 8 of the U.S. Constitution

National Archives (source)

The “Copyright Clause”

“Copyright has become [a] culture policy.”

– Professor Lawrence Lessig (personal interview)

It influences the creation of works and regulates the ways by which they can and cannot be used.

CONTROL

versus

FREEDOM

Copyright maintains a crucial balancebetween

private interest public interest&

in order to foster creativity.

However, in recent times, the balance has become

By favoring the interests of copyright holders without equally considering public interest, the system is becoming increasingly restrictive.

public interest

private interest

lopsided.

Danger! Creating a Monopolistic System

• Continual term extensions– Copyright Act of 1976– Copyright Term Extension Act (1998) – Controlling the mouse and

freezing the public domain– Eldred v. Ashcroft (2003) – Fighting perpetual copyright

• Ever-expanding scope and control– Digital Millennium Copyright Act (1998) – Locking down the digital

realm

Effects of recent legislation:

Questionable Motivations<sarcasm>Welcoming our media overlords</sarcasm>

Danger! Creating a Monopolistic System

• Continual term extensions– Copyright Act of 1976– Copyright Term Extension Act (1998) – Controlling the mouse and

freezing the public domain– Eldred v. Ashcroft (2003) – Fighting perpetual copyright

• Ever-expanding scope and control– Digital Millennium Copyright Act (1998) – Locking down the digital

realm

Effects of recent legislation:

Danger! Creating a Monopolistic System

• Continual term extensions– Copyright Act of 1976– Copyright Term Extension Act (1998) – Controlling the mouse and

freezing the public domain– Eldred v. Ashcroft (2003) – Fighting perpetual copyright

• Ever-expanding scope and control– Digital Millennium Copyright Act (1998) – Locking down the digital

realm

Effects of recent legislation:

The Copyright Spectrum

“strong” copyright “copyleft” (“weak” copyright) complete abolition

← more restrictive more “free”→

Wikimedia Commons (source)

The great question: Where should the power go

How less restrictive copyright can better benefit creative individuals

According to an FCC report, 85% of America’s media sources are owned by five companies, also major copyright holders themselves.

They are usually concerned only about big money-makers.Many artists and authors outside the profitable mainstream are neglected.

However, if the distribution system made more open…

In short, creative individuals receive greater public exposure.

The Bottom Line

The general problem is that the copyright system currently undermines its own goal.

The role of copyright law has become less about supporting creativity and more about protecting commercial interests.

When this happens, society will ultimately lose what should be a gain.

Additional Materials of Interest

• Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity by Lawrence Lessig

– Full copy available online at <http://www.free-culture.cc/freecontent/>

• Essays by Peter Saint-Andre <https://stpeter.im/>• QuestionCopyright.org• Creative Commons

– A non-profit organization offering alternatives to full copyright– <http://www.creativecommons.org>

• Copyright Alliance– A Washington lobbying group representing forty organizations in

favor of strengthening copyright– http://www.copyrightalliance.org/

This presentation is available under the Creative Commons Attribution 3.0 United States License.

ALL WRONGS RESERVED

Which means as long as you give credit, you can…

• copy, distribute, and display the work,• make derivative works,• …and, yes, make money off of this.

(In other words, “Do more and pay lawyers less.”)

Isn’t freedom great?