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Copyright and the Digital Age-Key Issues:An Annotated Bibliography

Ginger McDonaldINFO 522: Information Access & Resources

August 22, 2010

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Introduction and Scope

The following bibliography covers copyright, digital media and the influences they have

had on one another. In attempting to cover the many issues raised by this subject articles that

include law, the music and movie industries, and education have been included. However, some

articles that cover the subject in a general way have been in included to help give an overall view

of the problem. The articles were published from 1997 to 2009 with the vast majority of them

having been published within the last five years. This was done to reflect the current status of

the copyright law and the attending issues. Most articles cover copyright in the United States,

but articles discussing the changes being made by other governments in relationship to their

copyright laws and the new digital media have been included to help give the bibliography depth.

Description

Copyright law, in the United States, has its foundations in the U. S. Constitution which

states “to promote the Progress of Science and useful Arts, by securing for limited Times to

Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Today

the copyright statute is Title 17, Chapter 1, Section 102 including the Copyright Act of 1976

(McGrail, 2009, p.1). However, copyright law has failed to keep pace with the development of

new technologies and is virtually silent on the new digital resources (Coyle, 2006, p. 326). This

failure of the law to remain contemporary has led to difficulties and frustration for all parties

involved in copyright. These parties include authors, information users, publishers, music and

movie studios, educational institutions and libraries. To handle these problems many companies

are using digital rights management tools to enforce and in some cases usurp the balance

copyright law has always tried to maintain between the rights of the authors/creators and those of

the users.

Summary of Findings

Because copyright law was written at a time when it was impossible to make an exact

physical copy of something it can not help regulate materials that can now be reproduced in

exact detail. It is also possible now to take these exact copies and disseminate them around the

globe in mere seconds. These two factors make copyright more and more challenging as time

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passes. These two issues have led to the breach between copyright law and digital media. The

issues have affected many sectors of current society.

The new digital media have created a lot of legal and logistical problems in relationship

to copyright. As one example, the issue of intermediary copies has yet to be resolved. An

intermediary copy is that “which is created as a byproduct of a given process or technology and

which are collateral to incidental to the ultimate work or use” (Padgett, 2007, p.657). This may

the be scanning of a document or the uploading of video content prior to the source being sued

for some usage that could be deemed “fair.”

Libraries are facing new issues because of the new media and copyright, as they must

now enforce the terms of usage of some material to remain within copyright themselves.

Archiving and digital preservation are problematic because digital information is often dynamic

and continually changing and as such it is hard to archive exact duplicates of information on an

ongoing basis. In addition, because the libraries do now own the information but are most often

licensing it they do not have the right to maintain perpetual copies. These institutions which are

usually seem as the preserves of information are not able to preserve the information until it has

passed in to public domain which in digital media is beyond the ability to preserve every

modification and change.

Within the music and movie industries other problems have been created. Music is

copyrightable in two formats, the written lyrics and sheet music as well as the public

performance of the work. The music industry tried to take advantage of the changes to copyright

law and began to “double dip” receiving royalties on both sides when a song is downloaded. The

have also had to contend with the music sharing websites and the loss of royalties from them.

The movie industry has faced some of the same issues as to loss of royalties and fees but has also

faced other issues. For example one issue is that of devices or software that “sanitize” a movie

making the content more palatable for some viewers. Do these technologies infringe upon

copyright?

Education has also seen some changes. Because of the increasing demand for distance

learning many colleges are adding online courses to their curriculum. However, the guidelines

for fair use have not been adapted to these new educational mediums. So teaching in a distance

education setting is not provided the same level of protection as those in a face-to-face

classroom. Students in these classes are even more limited in their use of copyrighted materials

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than their professors are, making fair use for their education even more difficult. It may also be

possible that schools, especially colleges, as well as libraries could be liable for the copyright

infringements of people using their resources.

There have been many possible solutions given to deal with the variables, none of which

completely resolve the dilemma and often create additional questions to be answered. Some

have argued that licensing is the way to control copyright infringement. Others have posited

changes to the present laws. One article makes the case for attribution being added to the “fair

use” factors in determining the use of copyrighted materials.

Open copyright content is created and made freely available online with the permission

of the copyright holders. Because of the ability by anyone to publish on the web the content of

digital publishing is far out pacing the rate of traditional publishing. Although copyright applies

to works published digitally often the creators of the content in many cases are looking for

recognition of their work not monetary remuneration. To some of these authors the boost in their

reputation is the desired result. As stated above one article discusses adding attribution of a

work as one of the factors used to determine “fair use.” This would make it easy to use a work

from a digital media fairly.

To make up for the lack of concrete laws Digital Rights Management (DRM) has become

another way some have used to help ensure copyright is upheld. This management can take

different forms some databases, and software use licenses. Movies can have digital watermarks

inserted. DVDs, CDs and CD-Roms can have anti-copying devices integrated into them. These

devices integrated into the DVD and CDs make it physically impossible to copy the works they

contain. However, these devices also make it impossible to use the works they protect for any

“fair use” needs. Laws have been enacted in the United States and abroad that make it an

infringement of copyright to own, or manufacture a device that can override these protections.

In effect the person is violating copyright law before they even copy the needed material even if

the material is needed and its use would fall under the “fair use” exemptions.

Some of the articles also point out that when using information that has been licensed the

terms of the license may be more restrictive than the terms of “fair use.” When the licenses are

more restrictive the law favors the licensing law over copyright law. They suggest that it is the

role of the librarians and colleges to help their patrons and students understand that even when

material is being used fairly they may still be in breach of the licensing agreement.

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The research on copyright so far has not led to any concrete and sustainable solutions to

the problems. The court cases surrounding various disputes send conflicting messages and the

same court may render one decision that seemingly negates a previous decision. There is no

question that there is a need for an update of the copyright laws and those that have already been

enacted have provided few solutions and created more complications. While there seems to be

no tangible relief on the horizon the research indicates that changes need to be made and that

these changes need to be made quickly.

Entry 1:

Armstrong, T. (2005) Copyright clearance center: Providing compliance solutions for centerusers. Journal of Library Administration, (42)3, 55-64.

Abstract: The digital revolution has been a boon to those who seek convenient, expanded access to information. It has dramatically increased the opportunity to share ideas and discoveries and disseminate information to ever-broader audiences. At the same time, it has raised concerns on the part of those responsible for ensuring that access to content remains within the guidelines established by copyright law. The challenge is to tap the unprecedented potential of digital technology while respecting the rights of those who create original works. Some of the most effective solutions capitalize on the very technology and attributes that gave rise to the digital marketplace. By automating the copyright permissions process, they seek to make copyright compliance as convenient as accessing information-and increasingly, they are succeeding. Current permissions services are available both at the point of content and as an integrated component of existing information management software. In many cases, they provide one-stop shopping for content and permissions, and a convenient way to comply with copyright law.

Annotation: This article serves as a long winded advertisement for The Copyright Clearance Center and the services they provide. They are making it easier to gain permission to use copyrighted works when the usage falls outside “fair use,” especially for works available only in digital form. There is mention that the challenges to copyright that are being created by new technologies are inevitable and must take into consideration the balance of the rights of creators and users.

Search Strategy: Library and Information Science Abstracts is a database that covers library issues copyright is a library relatedissue. This was the first time searching this database so I used a key word approach.

Database: Library and Information Science Abstracts

Method: Keyword searching

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Search String: (copyright OR digital rights OR DRM) AND (issues OR challenge)

Entry 2

Corral, M.D. (1997) Copyright in the digital environment. International Information andLibrary Review, (29)2, 201-204.

Abstract: Contribution to an issue devoted to papers from INFOethics, the first International Congress on Ethical, Legal and Societal Aspects of Digital Information, held in Monte Carlo, Principality of Monaco from 10-12 Mar 1997. Introduces the concept of copyright in the digital environment. Analyzes international agreements adopted under the World Intellectual Property Organization in Dec 1996 and describes UNESCO's doctrine on the subject.Annotation: A good presentation of the basic principles and limits of copyright law. The balances to be maintained between the rights-holders and the public are clearly outlined. The technological advances and the challenges they have posed are presented. A concise and clear explanation of the need to ensure copyright is included. Also includes quick ready reference type outlines of proposed treaties.



Method of Searching: Keyword searching

Search String: Copyright AND Digital AND Issue

Entry 3

Coyle, K. (2006), The automation of rights. The Journal of Academic Librarianship, (32)7, 326-329.

Abstract: The writer provides an overview of digital rights. Digital rights can be used in the contexts of intellectual property law, of technological controls, and of licenses and contracts

Annotation: Covers the major issues around the subject of Digital Rights Management as well as the changes that are being proposed and made to British and American intellectual property laws. The difficulties of contracts and licenses for the use, distribution, and reproduction of digital material are highlighted. This article also gives a basic overview of how these issues affect archives and their preservation. A clear concise and thorough explanation of the issues surrounding copyright law and digital information

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Search Strategy: I used found this article referenced in another consulted article that does not fall within the scope of this bibliography but thought it would be a good addition.

Database: N/A

Method of Searching: Footnote Chasing

Search String: Referenced in Bohner, D. (2008). Digital rights description as part of digital rights management: A challenge for libraries. Library Hi Tech, 26(4), 598-605.

Entry 4

Cradduck, A. & Mccullaugh, A. (2005) Designing copyright TPM: A mutant digital copyright.International Journal of Law & Information Technology, (13)2, 155-187.

Abstract: In recent times, copyright law globally has undergone radical changes to take account of the advancement of technology. This paper will argue that in Australia some of the legislative changes regarding technological protection measures (TPM) have a number of unintended consequences. It will argue that the legislators have over stepped the mark by creating a sui generis protection in favor of copyright owner, which can best be described as a mutant digital copyright.

Annotation: Discrepancies in amendments to Australian copyright laws are highlighted in relationship to Technological Protective Measures (TPM). The measure can be applied protect works that are not copyrightable and create a “mutant copyright.” These TPMs also make it very difficult to use copyrighted works even for “fair use” reasons. The DMCA and DAA (Digital Agenda Act-Australia) both make it illegal to manufacture or own an anti-circumnavigation device illegal making it impossible to use material for “fair use.” While the arguments are difficult to follow they are relatively well made.

Search Strategy: While doing a keyword search in LISTA I found a reference to a two page article written in response to this article. This article helped build the bibliography. I had to find the article by searching for the Journal Title in the Hagerty Library.

Database: Library, Information Science & Technology Abstracts and International Journal of Law & Information Technology

Method: Title searching

Search String: To full text journal site then by year, 2005

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Entry 5

Ganley, P. (2004) Digital copyright and the new creative dynamics. International Journal ofLaw and Information Technology, (12)3, 282-332.

Abstract: The Internet has ruffled the feathers of copyright law. In response, policy makers and rightsholders have sought to expand the legislative boundaries of copyright and embed technical and contractual constraints into works themselves. These measures - collectively termed Digital Rights Management - are not only viewed as necessary to stem the tide of 'piracy', but as desirable to achieve the efficient allocation of copyright works in the market place. Economic theory is used to support these advances as the natural progression for copyright law in the 21st century. This essay takes issue with this economic rationale, and suggests that private market based mechanisms are likely to systematically exclude certain values that copyright law has traditionally undertaken to protect. Furthermore, it is suggested that whilst rightholders are naturally wary of digital technology, it provides precious opportunities for those at the ends of the copyright chain: creators and users. Finally, the status of copyright exceptions under the European Copyright Directive, in particular those which implicate informational, private, and transformative uses, are assessed in light of the earlier argumentsAnnotation: Makes several good arguments against the use of DRM to ensure the proper use of copyrighted works, primarily based on the idea that the business model they are founded on are flawed in relationship to their position as information as possession. Impressively the article posits that the economics of those that are worried about the “threats” to copyright are in fact impinging on one of the main tenets of copyright which is to foster creativity and scholarship. Ganley puts forward that copyright in the digital age should mainly focus on the creators and the end user, and that the intermediates, (publishing houses, record companies, etc.) are dictating the changes to the copyright laws instead of the groups the original laws were set up to assist.





Entry 6

Keesan, J. (2008) Let it be? The challenges of using old definitions for online music practices. Berkley Technology Law Journal, (23)1, 353-372.

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Abstract: The article addresses music copyright law in the U.S. as new technologies reshape the music industry. It argues that a shift away from traditional music distribution channels to the web as music's primary medium is forcing the industry to re-conceptualize its business model, and in particular, that the old collective rights system has become obsolete. It explains the current system for administering online music rights, and traces the development of the collective rights organizations. Moreover, it examines two major points of controversy: first, the problem of "double dipping" vis-a-vis downloads and online streaming; and second, the issue of determining fair royalty rates for webcasters and internet radio.

Annotation Works of music are covered by copyright in two ways both as written works, (lyrics and sheet music) and as performances. This raises extra legal questions and in the light of the digital era. The legal issues surrounding internet radio are outlined and the Congressional attempts to amend the problem are discussed. The music industry’s use of copyright law in order to “double dip” is also discussed. Laws have been passed to help alleviate this problem. Potential changes to the laws and licensing practices are proposed. A clear explanation of the issues and procedures surrounding music, copyright and licensing, however, a bit redundant in including the explanation with each issue outlined.

Search Strategy: I searched Gale Group Legal Resource Index because this database covers legal topics and copyright is a legal issues and the digital media has forced some changes to those laws. This was the first time searching this database so I used a key word approach.

Database: Gale Group Legal Resource Index (Dialog 150)


Search String: s (copyright OR digital()right? OR digital()rights()management OR DRM) AND (challenge? OR key()issue?)sort s2/all/py,d

Entry 7

Lastowka, G. (2007) Digital attribution: Copyright and the right to credit. Boston UniversityLaw Review, (87)1, 41-89.

Abstract: No abstract provided

Annotation: The author takes issues with the current copyright laws because they are guided by the interests of publishers not authors. Authors of open copyright works are often looking to further there reputations, and this is the “reward” they receive for their work. There is an unexpected but understandable argument for the idea that open copyright sources should be considered at least related to advertisement, as both are designed to enhance the reputation of the author. The proposal for adding authorial attribution as the fifth factor to the “fair use”

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provisions is well reasoned and as the author notes a good first step to incorporating open copyright material into the current laws. One of the strongest arguments for this cause was the Copyright Office’s position on “orphaned works.”

Search Strategy: I searched Academic OneFile because it covers over 11,000 journals. This was the first time searching this database so I used a key word approach.

Database: Academic OneFile


Search String: Copyright AND Digital

Entry 8

Machesh, G. & Mittal, R. (2009) Digital content creation and copyright issues. Journal of Library Administration, (42)3-4, 55-64.


Purpose – The purpose of this paper is to identify the modes of digital content creation for digital libraries and discuss the associated copyright issues with the types of digital content.

Design/methodology/approach – Prevalent copyright laws in India in the context of digital content have been studied and issues related to specific types of digital content have been discussed.

Findings – In addition to two known types of digital content, namely born digital and turned digital, a third type, gained digital has been delineated. It is found that extant copyright laws, particularly in India, allow scope for forming opinions with regard to digital content thereby giving room for insecurity for digital content creators.

Research limitations/implications – Copyright laws in the context of World Intellectual Property Organization and India only have been discussed.

Practical implications – The paper will be useful to digital content creators and digital library managers/administrators to understand copyright issues relevant to the digital library.

Originality/value – The classification of digital libraries based on content as has been delineated in this paper is an original work and has reported for the first time. The linking of digital content with the copyright issues makes it useful.

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Annotation: The copyright issues for digital libraries are not the same as those for traditional print libraries. The nature of materials in digital format make it possible to access the information from anywhere at any time. They can also be copied quickly and accurately and disseminated without the creator’s knowledge. So digital libraries must be careful about how their materials can be accessed. There is a discussion about how the World Intellectual Property Organization’s (WIPO) Copyright Treaty (WCT) is relying on technology to protect the right so the creators.





Entry 9

Macmillan, F. (2000) The digital copyright deadlock. Australian Library Journal, (49)2, 113-118.

Abstract: Australia, in common with many other jurisdictions, is currently attempting to revise its copyright law in order to respond to challenges said to be posed for copyright law in the digital environment. The first step in this revision was the publication in 1997 of the Australian Government's Discussion Paper, 'Copyright Reform and the Digital Agenda'. The consultative process initiated by this Discussion Paper has now spawned two drafts of the Copyright Amendment (Digital Agenda) Bill. Considers the approaches taken by the Digital Agenda Bill to the issue of royalty-free copying of digital material. Focuses upon the related areas of copying by individuals under the fair dealing regime and copying by libraries and archives.Annotation: An outline of the proposed changes to the Australian copyright law. This includes a complete discussion of how defining the terms of “fair use” or “fair dealing” in the digital realm is proving to be problematic. Some of the other issues that are addressed are specific to Australia but the majority of them are international and so far it seems that no country has been able to solve all of the problems the new digital technologies present.




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Entry 10

Malcolmson, H. (2005) Copyright infringement in the digital age: The issue of unfixed works.Fordham Intellectual Property, Media & Entertainment Law Journal, (16)1, 297-353.

Abstract: None provided.

Annotation: Copyright law is examined in relation to moral law. The arguments for amending the copyright laws to reflect moral law is are presented. The Berne Convention is outlined as it relates to copyright law and there is discussion as to whether the current law and all its amendments may not comply with it. The difference between what a derivative work requires to be copyrightable and what it requires to be an infringement are required. There is extensive discussion of derivative works and copyright law. The final conclusion is that unfixed works may infringe on the derivative rights of the author. All examples in this article are about computer software that can be used to edit the content of a motion picture. The arguments are complex are require careful reading to ensure a thorough understanding.





Entry 11

Masango, C.A. (2009) Understanding copyright in support of scholarship: Some possible Challenges to scholars and academic librarian in the digital environment? InternationalJournal of Information Management, (29)3, 232-236.

Abstract: This paper examines the rationale for copyright and how the copyright exemption of the law promotes scholarship. It examines the possible challenges that may be faced by scholars and academic librarians in implementing the copyright fair dealing exemption in the digital environment following that digital information is protected by copyright law and licensing agreements. The paper attempts to propose possible measures that could be implemented for copyright exceptions to better function and promote scholarship in the digital environment.

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Annotation: International copyright laws are reviewed focusing on their “fair use” or ‘fair dealing” clauses. The past amendments to copyright laws that have been made in response to new technologies are discussed. However, this article does not recommend that new amendments to the laws be made but that the new technologies be handled through license agreements, It also suggests that librarians and scholars be educated on the licensing laws because they should know that the laws surrounding license agreements is paramount over those of copyright law, including fair use. The conclusions of this article seem to fly in the face of “fair use” and gives the power to dictate all usage of any digital material to the licensers.

Search Strategy: Library, Information Science & Technology Abstracts is a database that covers library issues copyright is a library relatedissue.

Database: Library, Information Science & Technology Abstracts

Method: Keyword searching

Search String: copyright AND digital AND challenge

Entry 12

McGrail, P. & McGrail, E. (2009) What’s wrong with copyright: Educator strategies for dealing with analog copyright law in a digital world. Journal of Education Online, (5)3, 6pp.

Abstract: Current copyright law was formulated before the digital technology became widely available and well before Web 2.0 changed the way that information is created and shared. J. Patrick McGrail and Ewa McGrail argue that copyright law has failed to keep up with the social and legal changes that have accompanied the technological developments of the last 30 years, and as a result it has become both cumbersome as well as impossible to abide by completely. After describing the ways in which copyright law challenges educators and universities, McGrail and McGrail offer some strategies for dealing with copyright in the new millennium and conclude with a call to revise copyright law in a way that acknowledges the realities of Web 2.0.

Annotation: Handles copyright in relationship to education and begins with the ways that the digital age has changed the idea of copying a work and how the current laws are not adequate to cover these new technologies. It suggests that the new lack of respect for copyright is in part due to the inadequacies of the laws. There is discussion of the Sonny Bono Copyright Term Extension Act of 1998, the Digital Millennium Copyright Act (DMCA) of 1998 and the Technology Education and Copyright Harmonization Act (TEACH) of 2002, and how the DMA has had a negative effect on education. The restrictive nature of “fair use’ in relation to online education is reviewed. Happily, this article encourages educators to partner with librarians to help support the needed changes to the copyright laws. When discussing what educators can do help make changes it takes on a lecturing tone.

Search Strategy: I searched ERIC because this database covers educational topics

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and that the issue of copyright and digital media is a topic that schools must deal with. This was the first time searching this database so I used a key word approach.

Database: ERIC (Dialog 1)



Entry 13

Padgett, G. C.. (2007). Intermediate copying in the digital age. Columbia Journal of Law and the Arts, (30)3-4, 655-679.

Abstract: The article examines legal provisions and court rulings on the copyright protection coverage for intermediate copies of publications. The legality of creating digital and photo copies of copyrighted works is questionable, since the U.S. Copyright Act grants authors the exclusive right to reproduce their works. However, recent advances in digital technology enable third parties to use digital copies in a manner which is privileged as fair use.

Annotation: Discusses the lawfulness of intermediate copies, with intermediate copies being defined as those that are byproduct of a given process or technology. There is discussion of the Copyright Act and how it does not specifically address this issue. Because the law does not address this issue and because the new copies are exact duplicates these issues must be handled under the “fair use” clauses. The legal jargon can be difficult to understand and the conflicting rulings can be a bit frustrating but they do highlight how the law is completely inadequate.

Search Strategy: I selected Gale Group Legal Resource Index because it covers the legal issues around copyright law. This was an initial search using this database so I chose a keyword approach.

Database: Gale Group Legal Resource Index (Dialog 150)


Search String: (copyright OR digital()right? OR digital()rights()management OR DRM) AND (challenge? OR key()issue?)Sort s1/all/py,d

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Entry 14

Seidenberg, S. (2009) Copyright in the age of Youtube: As user-generated sites flourish,Copyright law struggles to keep up. ABA Journal, (95)2, 46-52.


Annotation: Discusses the “Safe Harbor” clause of the Digital Millennium Copyright Act and some cases that have been filed around it. The perceived abuse of take-down notices is outlined as are the challenges faced my copyright holders trying to protect their works. There is a suggestion that newer technologies and companies that use them are held to standards that do not fit them, and that older companies that are still working by the old standards try to force these new companies to fit.





Entry 15

Smith, A. (2004) The digital preservation conundrum, part 1. The Serials Librarian, (46)1-2, 107-113.

Abstract: Digital information is difficult to preserve for long-term access because of several factors: the dynamic nature of the content; the lack of libraries' clear rights and incentives to preserve content that is usually licensed; the effect of copyright extension on the roles and responsibilities for preservation; and the changing needs of the users. Several institutional responses to these challenges are discussed. Reprinted by permission of the publisher.

Annotation: Difficulties with preserving digital information are discussed. The first difficulty arises because the institutions that usually preserve information do not own the digital information that needs to be preserved they license it and so in preserving it they are infringing upon copyright. The second problem is that digital information has a short life span as it is often changed and updated long before the original has passed into public domain where it could then be preserved by those that typically do the work of preservation. Copyright law and licensing information instead of owning information greatly complicates preserving digital information. Written in a easily accessible style, and outlines more issues with digital preservation than those related to copyright.

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Search Strategy: I searched Library Literature and Information Science because library science has many issues relating to copyright issues. This was the first time searching this database so I used a key word approach.

Database: Library Literature and Information Science (Dialog 438)



Conclusion and Personal Statement

Some of the issues that were unearthed while doing research were a bit surprising. Many

of these issues I had never considered, especially those that pertain more specifically to the

actual enforcement of copyright laws. The balance that the laws try to keep between the rights of

authors/creators and the information users is precarious and difficult to manage. The laws

surrounding copyright are not black and white but are often in shades of gray and are subject to

interpretation by the users and if necessary the courts.

The Digital Millennium Copyright Act (DMCA) seems to have made some necessary

changes but also created new problems. It in and of itself is quite clearly not the only answer

needed to correct the current system.

It seems that current copyright law favors the old systems and ways of doing things.

These systems will need to be modified in order to keep up with the new possibilities of

technology if they wish to remain in place. This is especially true in the music industry the

systems now in place make it obtaining any sort of permission to use music arduous. The laws

are currently out of date and this may lead to some of the lack of respect of for the use of other

people’s works. That disrespect coupled with laws and business practices that seem to favor the

publishing and production industries make the entire system of copyright seem even more

useless to those people now immersed in the digital age.

Digital Rights Management has taken upon itself the policing of copyright. But DRM

has taken protection to levels that were never intended by copyright. Most of these measures

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have given all the power to the creators and left the users without recourse. This unbalances the

copyright law and may be an infringement of copyright in itself, though I found no research

where any cases had been tried on this premise.

Upon beginning this project I felt the protection of copyright and the permissions of “fair

use” seemed to be the ultimate goal of copyright law. This is still true, however, this view has

now been somewhat tempered by the realization that there are open sources of information that

can be protected by copyright but have been made openly available by the authors. My better

understanding of the surround issues has led to a view of the “digital dilemma” as being more a

creation of the publishing houses in response to possible piracy as opposed to actual acts of

piracy. There is no question that the laws need to be updated but there are no easy solutions.

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