3.8 Changes in Copyright Law
3 min read•june 25, 2024
Copyright law has evolved alongside technology, adapting to protect creators in new media. From to , the law has expanded to cover emerging forms of expression and distribution methods like radio and cable TV.
Digital tech posed fresh challenges, leading to laws like the DMCA. These addressed issues like digital rights management and online service provider liability. The music and film industries were particularly affected, with new laws governing digital audio and video distribution.
Evolution of Copyright Law in Response to Technological Advancements
Adaptation of copyright to technology
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- Copyright law updated to address new technologies and forms of media
- Sound recordings added as a category of protected works in 1971
- Computer programs added as a literary work in 1980 (software, video games)
- Distribution methods necessitated changes to copyright law
- Rise of radio broadcasting created for musical compositions
- Cable television systems required to obtain licenses and pay royalties for retransmitting broadcast signals (CNN, ESPN)
- Digital technologies posed challenges to existing copyright frameworks
- Ease of copying and distributing digital files led to the (DMCA) in 1998
- DMCA criminalized circumvention of technologies (encryption, access controls)
- DMCA provided for online service providers (internet service providers, web hosting companies)
- networks raised new copyright infringement concerns
Impact on digital entertainment industries
- Music industry significantly affected by copyright law changes
- of 1992 imposed royalties on digital audio recording devices and media (CD-Rs, MP3 players)
- of 1995 granted performance rights for digital audio transmissions (internet radio, streaming services)
- Film and television industries adapted to new distribution platforms
- Technology, Education, and Copyright Harmonization (TEACH) Act of 2002 expanded rights of educational institutions to use copyrighted materials in distance learning (online courses, virtual classrooms)
- of 2005 criminalized unauthorized recording of motion pictures in theaters ()
- Online service providers shielded from liability for user-generated content
- , part of DMCA, provided safe harbors for online service providers that follow certain guidelines ( procedures)
- Allowed for growth of user-generated content platforms (YouTube, social media sites)
Key copyright legislation since 1976
- : major revision that addressed new technologies and extended term of copyright protection
- of 1980: explicitly included computer programs as a category of literary works
- Audio Home Recording Act of 1992: addressed rise of digital audio recording devices
- Digital Performance Right in Sound Recordings Act of 1995: granted performance rights for digital audio transmissions
- Digital Millennium Copyright Act (DMCA) of 1998: addressed issues related to digital technologies and online service providers
- Technology, Education, and Copyright Harmonization (TEACH) Act of 2002: expanded rights of educational institutions in distance learning
- Family Entertainment and Copyright Act of 2005: criminalized unauthorized recording of motion pictures in theaters
Emerging copyright concepts and challenges
- doctrine balances copyright protection with public interest in using copyrighted works
- works are not protected by copyright and freely available for use
- debates focus on balancing creator incentives with public access
- present challenges in identifying and locating copyright owners
- licenses provide flexible copyright options for creators
- allows resale of copyrighted items without permission from the copyright holder
Key Terms to Review (22)
Audio Home Recording Act: The Audio Home Recording Act (AHRA) is a United States federal law that was enacted in 1992 to address the issue of private copying of copyrighted music. It established a legal framework for the use of digital audio recording devices and media, including provisions for royalty payments to copyright owners.
Camcording: Camcording refers to the act of illegally recording a movie or television show in a theater or other exhibition venue using a video camera or other recording device. This practice is considered a form of copyright infringement and has become a significant issue in the entertainment industry.
The term 'camcording' is closely related to the changes in copyright law, as it has led to the implementation of various legal measures to combat this form of piracy and protect the rights of content creators and distributors.
Computer Programs: Computer programs are sets of instructions written in a programming language that direct a computer to perform specific tasks. They are the fundamental building blocks of software, enabling computers to execute a wide range of operations and functionalities.
Computer Software Copyright Act: The Computer Software Copyright Act is a piece of legislation that extended copyright protection to computer software, recognizing it as a form of literary work. This act was a significant change in copyright law, ensuring that software developers could protect their intellectual property and prevent unauthorized copying or distribution of their programs.
Copyright Act of 1976: The Copyright Act of 1976 is a comprehensive revision of U.S. copyright law, which replaced the previous Copyright Act of 1909. It establishes the modern framework for copyright protection in the United States, defining the scope of copyright, the rights granted to copyright holders, and the limitations on those rights.
Copyright Term Extension: Copyright Term Extension refers to the lengthening of the duration for which copyrights are valid, granting copyright holders exclusive rights over their works for a longer period of time. This concept is particularly relevant in the context of changes in copyright law.
Creative Commons: Creative Commons is a nonprofit organization that provides free, easy-to-use copyright licenses that allow creators to share their work with the public for free. These licenses give people the ability to use, share, and build upon a creator's work, while still maintaining the creator's copyright.
Digital Millennium Copyright Act: The Digital Millennium Copyright Act (DMCA) is a United States copyright law that criminalizes the circumvention of digital rights management (DRM) technologies that control access to copyrighted works. It also addresses various copyright-related issues in the digital age, seeking to balance the rights of copyright holders with the needs of users and innovators.
Digital Performance Right in Sound Recordings Act: The Digital Performance Right in Sound Recordings Act (DPRSRA) is a U.S. copyright law that grants copyright holders of sound recordings the exclusive right to perform their works publicly by means of a digital audio transmission. This act was passed in 1995 to address the growing impact of digital music services on the music industry.
Digital Rights Management (DRM): Digital Rights Management (DRM) refers to a set of technologies and strategies used to control and restrict how digital content, such as music, videos, and software, can be accessed, copied, and distributed. DRM aims to protect the intellectual property rights of content creators and copyright holders in the digital age.
Fair Use: Fair use is a legal doctrine that allows the limited use of copyrighted material without requiring permission from the copyright holder. It is an exception to the exclusive rights granted to the owner of a copyright, providing a framework for determining when a use of copyrighted material is acceptable.
Family Entertainment and Copyright Act: The Family Entertainment and Copyright Act (FECA) is a U.S. federal law that addresses changes in copyright law, particularly in the context of the entertainment industry and the protection of copyrighted works. This act aims to provide additional safeguards for copyright holders and consumers regarding the use and distribution of copyrighted content.
First Sale Doctrine: The first sale doctrine is a legal principle that allows the owner of a lawfully made copy of a copyrighted work to resell, lend, or otherwise dispose of that particular copy without the copyright owner's permission. It establishes that the copyright holder's exclusive rights are limited to the first sale of a particular copy, and subsequent owners of that copy can freely transfer it.
Notice and Takedown: Notice and takedown is a process outlined in the Digital Millennium Copyright Act (DMCA) that allows copyright holders to request the removal of infringing content from the internet. It establishes a system where copyright owners can notify online service providers of suspected copyright infringement, and the service providers must then remove or disable access to the allegedly infringing material.
Online Copyright Infringement Liability Limitation Act: The Online Copyright Infringement Liability Limitation Act (OCILLA) is a part of the Digital Millennium Copyright Act (DMCA) that provides safe harbors for online service providers against copyright infringement claims, as long as they meet certain requirements to limit their liability.
Orphan Works: Orphan works are copyrighted creative works whose owners cannot be identified or located, making it difficult to obtain permission to use or reproduce the work. This term is particularly relevant in the context of changes in copyright law and the evolving landscape of copyright in the digital age.
Peer-to-Peer File Sharing: Peer-to-peer (P2P) file sharing is a decentralized method of distributing and accessing digital content, where users can directly share files with one another without the need for a central server or intermediary. This technology has had a significant impact on the landscape of copyright law.
Performance Rights: Performance rights refer to the exclusive rights granted to copyright owners to control the public performance of their copyrighted works. This includes the right to authorize or prohibit the live or recorded performance of a work in a public setting, such as a concert, play, or broadcast.
Public Domain: The public domain refers to creative works or inventions that are not protected by intellectual property rights, such as copyright, trademark, or patent, and are available for public use without restriction. Works in the public domain can be freely used, modified, and distributed by anyone without the need to obtain permission or pay royalties.
Safe Harbors: Safe harbors are legal protections that shield online service providers from liability for certain types of user-generated content or activities on their platforms. These provisions aim to encourage the growth and development of the internet by limiting the responsibility of service providers for the actions of their users.
Sound Recordings: Sound recordings refer to the fixation of a series of sounds, such as music, speech, or other audio, in a tangible medium. These recordings are considered a distinct category of copyrightable works and have specific legal implications in the context of intellectual property law.
TEACH Act: The TEACH (Technology, Education, and Copyright Harmonization) Act is a federal law that provides guidelines and exceptions to copyright law to allow for the use of copyrighted materials in distance education and online learning environments. It aims to balance the rights of copyright holders with the educational needs of instructors and students in the digital age.