citizen journalist made a virtually verbatim copy of a news article on a
traditional newspaper site, something done by traditional journalists
but less so, as copyright issues in the digital age have received new
guidelines.
A
group of professionals on copyright law and policy state they consider
this necessary given the wide scope of sharing that takes place over the
Internet.
As
one South African journalist wrote in an email to this newspaper
recently, "It's a widespread problem. I see journalists just copying
the work of others all the time in Europe." The U.S. is examining its
own copyright laws, and it's likely other countries will be doing so as
well, as the issues become greater along with the problems they create,
namely cash flow. But will that make a provable point in the case of
copyrights?
New
reforms to the U.S. copyright system have been put together by a number
of professionals across a wide spectrum. They include legal scholars,
corporate attorneys, and those in private practice of the law, all
looking at how to improve and update the codes that drive copyright
principles.
The Copyright Principles Project: Directions for Reform
(CPP) report is purported to balance users and copyright owners needs.
Berkeley Law professor Pamela Samuelson led the project.
“The
report intelligently informs the copyright debate, and the
identification and discussion of issues is well done and important,”
said Marybeth Peters, the head of the U.S. Copyright Office. “The
recommendations are thoughtful, and in many cases, I support them. This
entire project significantly reinvigorates efforts to bring the
copyright law up-to-date, either incrementally or as a major revision.”
report intelligently informs the copyright debate, and the
identification and discussion of issues is well done and important,”
said Marybeth Peters, the head of the U.S. Copyright Office. “The
recommendations are thoughtful, and in many cases, I support them. This
entire project significantly reinvigorates efforts to bring the
copyright law up-to-date, either incrementally or as a major revision.”
U.S.
Copyright law was put together decades ago in the 1960's before the
advent of the Internet. But new advances in technology allows expansion
of use and brings stakeholders into conflict.
Copyright law was put together decades ago in the 1960's before the
advent of the Internet. But new advances in technology allows expansion
of use and brings stakeholders into conflict.
Professor
Samuelson explains that content that is generated by users themselves
is a challenge to the old copyright laws because it is often created by
non-professionals who have different needs than corporate organizers
such as Hollywood studios.
Samuelson explains that content that is generated by users themselves
is a challenge to the old copyright laws because it is often created by
non-professionals who have different needs than corporate organizers
such as Hollywood studios.
"Copyright
law touches us all on a daily basis and now millions of people who
create user-generated works have become copyright stakeholders," said
professor Samuelson. “Copyright law needs to be simpler, understandable,
and more flexible to change with the times.”
law touches us all on a daily basis and now millions of people who
create user-generated works have become copyright stakeholders," said
professor Samuelson. “Copyright law needs to be simpler, understandable,
and more flexible to change with the times.”
Terry
Ilardi, who was also part of the project and a legal adviser for IBM,
observes that, "While the Copyright Act has grown enormously in the last
three decades, it has not done so coherently, or in a way that has been
sensitive to the changes demanded by the newest technologies.”
Ilardi, who was also part of the project and a legal adviser for IBM,
observes that, "While the Copyright Act has grown enormously in the last
three decades, it has not done so coherently, or in a way that has been
sensitive to the changes demanded by the newest technologies.”
One
of the project’s ideas would provide non-commercial uses of copyrighted
works better shelter from liability, in order to allow users to lift
parts of existing works as new works are designed.
of the project’s ideas would provide non-commercial uses of copyrighted
works better shelter from liability, in order to allow users to lift
parts of existing works as new works are designed.
“The
report will be a major spur to copyright reform with its ideas and
practical recommendations,” said Michael Traynor, of the American Law
Institute. “It helps copyright owners and users, Congress, and the
courts cope intelligently with rapidly advancing technology."
report will be a major spur to copyright reform with its ideas and
practical recommendations,” said Michael Traynor, of the American Law
Institute. “It helps copyright owners and users, Congress, and the
courts cope intelligently with rapidly advancing technology."
File-sharing
of movies and music remains a major problem, so the report outlines
what it calls a "safe harbor" to protect online providers from excessive
damage claims if they try to limit file-sharing in a reasonable way.
Users, however, who violate the copyright would be liable to action on
copyright claims.
of movies and music remains a major problem, so the report outlines
what it calls a "safe harbor" to protect online providers from excessive
damage claims if they try to limit file-sharing in a reasonable way.
Users, however, who violate the copyright would be liable to action on
copyright claims.
The
Project also looks at existing law on written material and how that
needs to be addressed, although the substance of it, as related to both
design and contents, the participants believe should be maintained. As
for copyright length, this the present status being examined. The
length of copyright that held by an author was determined by Congress in
1976, as a life-of-the-author-plus-fifty-years model where there are
individual authors or for a publication a term-of-years model, which is
labeled as seventy-five years from first publication or one hundred
years from first creation, whichever expires first.
Project also looks at existing law on written material and how that
needs to be addressed, although the substance of it, as related to both
design and contents, the participants believe should be maintained. As
for copyright length, this the present status being examined. The
length of copyright that held by an author was determined by Congress in
1976, as a life-of-the-author-plus-fifty-years model where there are
individual authors or for a publication a term-of-years model, which is
labeled as seventy-five years from first publication or one hundred
years from first creation, whichever expires first.
Experts
have not yet decided on whether or not the length of copyrights should
be changed and are more concerned about creating more ease in locating
authorship. They also believe that folks should have to prove specific
harm in disallowing use of copyrighted material. Loss of money from
traffic to websites, according to a detective researching this in
California for the Las Vegas Review Journal, might be one of these
points.
have not yet decided on whether or not the length of copyrights should
be changed and are more concerned about creating more ease in locating
authorship. They also believe that folks should have to prove specific
harm in disallowing use of copyrighted material. Loss of money from
traffic to websites, according to a detective researching this in
California for the Las Vegas Review Journal, might be one of these
points.
The
recommendations are to maintain certain prescribed copyright principles
which are: "Copyright law protects the way that authors have expressed
themselves in their works but not the ideas, facts, or functional
designs depicted therein. Ideas and facts, once made public, are in the
public domain and free for everyone’s use." So copies of the writers
style and language is protected, but once published the ideas and facts
presented are free to use.
recommendations are to maintain certain prescribed copyright principles
which are: "Copyright law protects the way that authors have expressed
themselves in their works but not the ideas, facts, or functional
designs depicted therein. Ideas and facts, once made public, are in the
public domain and free for everyone’s use." So copies of the writers
style and language is protected, but once published the ideas and facts
presented are free to use.
What
are reasonable damages has also been examined. At present the law
allows courts to award between $750 and $30,000 in damages per infringed
work—and up to $150,000 per work if the infringement is a purposeful
act. So some of the awards have been excessive.
are reasonable damages has also been examined. At present the law
allows courts to award between $750 and $30,000 in damages per infringed
work—and up to $150,000 per work if the infringement is a purposeful
act. So some of the awards have been excessive.
The
Project also provides recommendations for modernization of the
copyright office, simplifying the process, and allowing libraries to use
certain "orphaned" material where the copyright owner cannot be found.
Project also provides recommendations for modernization of the
copyright office, simplifying the process, and allowing libraries to use
certain "orphaned" material where the copyright owner cannot be found.
The Copyright Principles Project: Directions for Reform will be published in the Berkeley Technology Law Journal in the upcoming edition.
I am very interested about it, will you share more detail? Like source of this story?
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