Glossary

3.11 Copyright in a Changing World

2 min read•june 25, 2024

law faces challenges in the digital age. Rapid tech advances, , and globalization blur ownership lines and complicate enforcement. New business models and piracy further strain traditional copyright frameworks.

Adapting copyright for the digital era involves harmonizing laws, using tech protection measures, and developing new licensing models. Key reform issues include effectiveness, digital resale rights, , and in the online world.

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  • Rapid technological advancements make it easy to create and distribute digital content (music, videos, e-books) but difficult to enforce copyright in the digital age
  • Rise of user-generated content blurs the lines between content creators and consumers, challenging the determination of ownership and rights (YouTube videos, social media posts)
  • Globalization and cross-border content sharing lead to inconsistencies in copyright laws across countries, making it difficult to enforce copyright internationally (streaming services available in multiple countries)
  • Emergence of new business models such as streaming services (Netflix, Spotify) and subscription-based content potentially conflict with traditional copyright frameworks
  • remains a significant challenge, undermining the rights of creators and copyright holders
  • Harmonization of copyright laws across countries through international treaties and agreements ensures consistent application of copyright principles
  • Technological measures for copyright protection, such as systems and , help identify and protect content
  • Licensing and revenue distribution models, including agreements, ensure fair compensation for content creators in the mobile era
  • Educational initiatives raise awareness about copyright in the digital age and promote responsible content consumption and sharing
  • strategies are developed to address the unique challenges of protecting in the online environment
  • Digital Rights Management (DRM)
    • Effectiveness in preventing unauthorized copying and distribution debated
    • Potential limitations on fair use (educational purposes, criticism) and consumer rights
    • Interoperability issues between DRM-protected content and devices (e-books not working on all e-readers)
  • Secondary resale markets
    • and its application to digital content debated
    • Right to resell or transfer digitally purchased content (e-books, digital music) contested
    • Impact on content creators and publishers' revenue streams
  • Orphan works, where the copyright owner is unknown or untraceable, pose challenges in using the content while protecting rights holders
  • Fair use and transformative works require balancing the rights of content creators and users, clarifying the boundaries of fair use in the digital context (remixes, parodies)
  • Copyright term extensions debate the optimal length of copyright protection, balancing incentives for creation with public access to works
  • evolves to accommodate new forms of content distribution and use
  • licenses provide flexible options for creators to share their work while retaining some rights
  • continues to develop, addressing cross-border issues and harmonizing protection standards globally

Key Terms to Review (25)

Collective Licensing: Collective licensing is a system where a group of copyright holders, such as authors, composers, or publishers, authorize a collective management organization to license and manage the use of their works on their behalf. This approach allows for the efficient administration and distribution of royalties for the use of copyrighted materials across various platforms and industries.
Content Piracy: Content piracy, also known as digital piracy, refers to the unauthorized copying, distribution, or use of copyrighted digital content, such as movies, TV shows, music, software, and books, without the permission of the copyright holder. It is a growing issue in the digital age, where the ease of sharing and accessing content online has led to a significant increase in the illegal acquisition and distribution of copyrighted materials.
Copyright: Copyright is a form of intellectual property protection that grants the creator of an original work exclusive rights to its use and distribution. It covers a wide range of creative works, including literary, artistic, musical, and dramatic works, as well as computer programs and other digital content.
Copyright Licensing: Copyright licensing is the process of granting permission to use a copyrighted work, such as a book, music, or software, in exchange for compensation or under certain conditions. It allows copyright holders to control the use and distribution of their creative works while generating revenue from their intellectual property.
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.
Derivative Work: A derivative work is a new work that is based on or derived from an existing copyrighted work. It involves the transformation, adaptation, or modification of the original work, creating a new version that builds upon the original expression and content.
Digital Copyright: Digital copyright refers to the legal rights and protections governing the use and distribution of creative works in digital formats, such as software, e-books, music, and videos. It aims to ensure that content creators are fairly compensated and that their intellectual property is safeguarded in the digital age.
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 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.
DRM: DRM, or Digital Rights Management, refers to a set of technologies and strategies used by content creators, publishers, and distributors to control and restrict how digital content can be accessed, used, and shared. DRM aims to prevent unauthorized copying and distribution of digital media, such as music, movies, e-books, and software. DRM is a crucial concept in the context of 3.11 Copyright in a Changing World, as it represents the evolving landscape of copyright protection and content distribution in the digital age. As technology has enabled the easy duplication and dissemination of digital content, DRM has emerged as a means for copyright holders to maintain control over their intellectual property and ensure their work is used in accordance with their terms and conditions.
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.
First-Sale Doctrine: The first-sale doctrine is a legal principle in copyright law that allows the purchaser of a copyrighted work to resell, lend, or otherwise dispose of that particular copy of the work without the permission of the copyright holder. It establishes the right of the owner of a lawfully made copy of a copyrighted work to freely alienate that copy.
Infringement: Infringement refers to the unauthorized use or violation of a legally protected intellectual property right, such as a patent, copyright, or trademark. It occurs when an individual or entity engages in activities that infringe upon the exclusive rights granted to the owner of the intellectual property, without their permission.
Intellectual Property: Intellectual property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce. It is a legal concept that provides exclusive rights to the creator or owner of the IP, allowing them to benefit from their work or investment in a creation.
International Copyright Law: International copyright law refers to the set of legal principles and treaties that govern the protection and use of copyrighted works across national borders. It establishes a framework for ensuring that creators' rights are recognized and enforced globally, promoting the international exchange of creative content.
Mickey Mouse Protection Act: The Mickey Mouse Protection Act, also known as the Copyright Term Extension Act, is a United States copyright law that extended the term of copyright protection. This act was passed in 1998 and is particularly significant in the context of copyright in a changing world.
Originality Analysis: Originality analysis is a critical assessment of the unique and creative aspects of a work, evaluating whether it possesses the necessary level of originality to qualify for copyright protection. This analysis is a key component in determining the copyrightability of a work within the context of evolving copyright laws and changing societal norms.
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.
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.
Recording Industry Association of America: The Recording Industry Association of America (RIAA) is a trade organization that represents the recording industry in the United States. It is responsible for establishing industry standards, advocating for the interests of its members, and monitoring the distribution and usage of copyrighted music recordings. The RIAA's role is particularly significant in the context of 3.11 Copyright in a Changing World, as it navigates the evolving landscape of music distribution and consumption in the digital age, while ensuring the protection of its members' intellectual property rights.
Sonny Bono: Sonny Bono was an American singer, songwriter, producer, and politician who is best known for his work in the music industry and his role in shaping copyright law in the United States.
Substantial Similarity Test: The substantial similarity test is a legal doctrine used in copyright law to determine whether an alleged infringing work is sufficiently similar to the original copyrighted work to constitute copyright infringement. It evaluates the degree of similarity between the two works to assess if the alleged infringer has unlawfully appropriated the original's protected expression.
Transformativism: Transformativism is a concept in copyright law that focuses on the transformative nature of a work, rather than just the amount of changes made. It emphasizes the importance of the new purpose, meaning, or expression created through the use of a copyrighted work, rather than simply the quantity of changes.
User-Generated Content: User-generated content (UGC) refers to any content, such as text, videos, images, or audio, that is created and published by users of an online platform or service, rather than by the platform or service itself. This type of content is a fundamental aspect of the participatory and collaborative nature of the internet and social media.
Watermarking: Watermarking is a technique used to embed invisible or visible digital information within digital content, such as images, audio, or video files. This method is primarily employed to protect the copyright and ownership of digital media by identifying the source or creator of the content.
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