Copyright : A balancing Act

Copyright is a Balancing Act:

In an article by DanThu Thi Phan it is mentioned that copyright laws operate in order to provide a balance between an author and a mass audience. The author aspires to maintain the dignity and ownership of their own work whether it is music, literature, artwork etcetera. On the other hand, the mass media wants fast, easy, and inexpensive ways to access these works. The internet is a perfect breeding ground shall we say, to provide all of the necessities a mass audience desires. Unfortunately this leaves authors vulnerable to exploitation by the mass audience, hence copyright laws are necessary. Phan argues that since the internet throws off the balance between author and audience, fair use acts should be re-evaluated. Phan gives no real prescription to the problem, but says that laws and politics will address this naturally as the issue progresses.

2 sides to every story:

freedom to explore…
It is probably a fair statement to say that the internet provides a whole new way to explore information. At the click of a mouse you can download your favorite songs, watch the TV show you missed last week, or even glance over a shortcut version of a book you have to read for class. According to an article by Jane Ginsburg many people view copyright as a “pit against progress.” Being communication students we know that the ability to communicate is a fundamental aspect of humanity. We use communication everyday, and the internet provides us opportunities to do so, in a unique way. The internet is a fairly new communication tool. Many people think copy writing the information that enhances that tool essentially cripples the experience. Nearly everything we see on the internet is copyrighted: music, text, graphics videos and the list goes on. People against internet copyrighting often believe that when you make an addition to the internet you are subject to being exposed. Proponents of this view also think having a copyright free internet encourages creativity thus enhancing art, music, movies etc. They believe that some musicians who argue that illegal downloading is theft are already wealthy enough and that the exposure will only help sales.

Here is Michael Moore's take on the situation when asked about the illegal downloading of his movies...

Freedom from exploitation…On the other side of things many people believe copyright is as essential for the internet as it is for any other media form. They believe that copyright enhances creativity by forcing original thoughts and ideas. For example Jane Ginsburg states that “ copyright control by authors, particularly those excluded by traditional intermediary-controlled distribution systems, may offer the public an increased quantity and variety of works of authorship.” Those who have had their work exploited like musicians such as Madonna and Bono of U2 believe that violating copyright is theft. They believe that when you illegally download items without paying those who deserve the profit you are committing a crime.

This video from You tube argues that by ignoring copyright laws we are actually hurting ourselves and our own economy...

So what do we do now?

Many sites are now offering paid subscriptions, downloads etc. to work that collects profits. Other sites give information to universities or colleges that collect fees. Companies like Pepsi have coincided with websites to provide free downloads as prizes. Basically I believe this is a good medium because generally costs are much lower then anything you would purchase in a store. Many argue that laws need to be changed in order to stay current with new inventions and technologies. In an article by Oliver Gerland he describes one recent approach to this problem: “As new communication technologies emerged in the twentieth century, copyright owners advanced an innovative theory of performance called the "multiple performance theory" that made every transmission of a record of a performed composition itself a performance of it. Established as current law by Congress, this theory sees practically everyone who operates a media device as a performer and, in combination with recent technical and legislative developments, grants copyright owners in the digital age extraordinary control over their works.”

Personally as a poor college student I love lime wire and having access to music and videos I would normally not purchase. I would not however sell what I have downloaded to make a profit. I think that copyright laws are obviously important to protect authors from being exploited but I do think a happy medium can and should be obtained.

My sources:

Phan, D. (1998). Will fair use function on the internet?. Columbia Law Review. 169-216.

Ginsburg, J. (2001). Copyright and control over new technologies of dissemination. Columbia Law Review, 1613-1647.

Gerland, O. ( 2007). The history and theory of performance under copyright law in the united states. Theatre Journal, 59.1,75-95.

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