copyright vs. access some observations and arguments regarding the balance between copyright and...
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COPYRIGHT VS. ACCESSSome observations and arguments regarding the balance between copyright and free expression…
…by two guys who are often just as confused and frustrated by copyright as most anyone else, but who’ve decided to take an open and thoughtful approach to the subject.
Dr. John Eye Web Librarian, Southern Utah Universityeye@suu.edu
Prof. Phil RochéAccess Services Librarian, Southern Utah Universityroche@suu.edu
Great Mysteries of Existence
What is the meaning of life? What is the nature of man? Are we alone or is there other intelligent
life in the Universe? Can I make multiple copies of a section of
this document and distribute it to my class for use in a noncommercial nature and if so, how much of the section is permissible to photocopy within fair use guidelines?
Beware!
The following is information, NOT legal advice.
Some copyright questions we have Is current copyright law too controlling? Is fair use reliable? Is copyright infringement the same as
stealing? Have the changes to copyright duration
proved beneficial? Is automatic copyright protection helpful? Are technological protection measures, such
as DRM, useful? Are licensing agreements effective? What are some of the outcomes of current
copyright law?
Is copyright law too controlling?
Economic incentives are necessary.
Creativity incentives are essential.
Access is crucial for an open society.
Pro Copyright Pro Access
Is fair use reliable?
It’s very flexible. It’s wide-ranging.
Teaching Research Scholarly work News reporting Criticism
It’s ambiguous. It’s vague. It’s wide open to
interpretation.
Pro Copyright Pro Access
Is infringement the same as stealing?
It’s illegal! Downloading
unauthorized content is the same as stealing a tangible object.
It negatively affects business and industry.
The comparison is not completely analogous.
Courts have not ruled consistently.
Pro Copyright Pro Access
Have the changes to copyright duration proved beneficial?
Duration strengthens incentive to create.
Keeps creations intact. Disneyland Memorial Or
gy
It’s only to bolster corporate profits. 1790 – 14 years renewable for another 14
years.
1831 – 28 years renewable for another 14 years.
1909 – 28 years renewable for another 28 years.
1976 – life of the author + 50 years.
1998 – life of the author + 70 years.
Association of Research Libraries, 2007
Pro copyright Pro Access
Is automatic copyright protection helpful? It protects
economic interests for creators and their expressions.
Protects “moral rights.”
It unnecessarily locks-up content.
It blocks access to information that could benefit society.
It leads to orphan works.
Pro copyright Pro access
Are technological protection measures, such as DRM, useful?
Not only useful, but necessary.
Help creators and content owners, via technology, to maintain control.
They’re over-reaching.
Circumnavigate fair use protection.
Pro copyright Pro access
Are licensing agreements effective?
They satisfy all parties.
Endorsed by AAP, BSA, ESA, IFTA, MPAA, NMPA, & RIAA.
They supersede fair use.
Pro copyright Pro access
What are some of the outcomes of current copyright law?
Copyright protects content owners.
Copyright safeguards financial interests of copyright holders.
Copyright law creates a “chilling effect.”
Big business exerts influence via lawsuits and misleading interpretations.
Pro copyright Pro access
Who wins, who loses?
Everyone? Does this really work for all of us?
No one? Is current U.S. Copyright Law so restrictive that it damages access to creative works for everyone?
Someone? How do some win more than others? Financially? Via control of information? How else?
Where do we go from here?
Whine and complain? Preach to the choir?
Take a proactive approach Engage in thoughtful discussion Contact elected Representatives
http://www.congress.org/ Learn more:
ALA – Copyright Advisory Center http://www.librarycopyright.net/
Creative Commons http://creativecommons.org/
International Intellectual Property Alliancehttp://www.iipa.com/
Stanford Center for Internet and Society – Fair Use Projecthttp://cyberlaw.stanford.edu/taxonomy/term/374
This work is copyrighted!
If you try and use any portion of this presentation without our permission and consent, we’ll hunt you down! Just kidding. This work is licensed under the Creative Commons Attribution-Noncommercial 3.0 United States License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc/3.0/us/ or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California, 94105, USA.
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