Overview Definition of copyright History of copyright Copyright in Australia Fun Fact! Impacts of Digital Technology- The modern age Australian example- James Burt Statistics So how do we stop it? Conclusion Still confused? References
Definition of Copyright In the United States, Copyright is defined as “a form of protection provided by the laws of the United States to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works.”(United States Copyright Office, 2007-2008: 1) It is available to both published and unpublished works.
Definition of Copyright United States copyright also gives the owner of copyright the following rights: To reproduce the work in copies or phonorecords; To prepare derivative works based upon the work; To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; To perform the work publicly; To display the work publicly. (United States Copyright Office, 2007-2008: 1)
History of CopyrightIn 1436, the advent of movable type caused an explosion in booksacross Europe. This created an immediate need for protection ofcreative works for the authors and publishers.In 1710, the world’s first copyright law The Statute of Anne wasenforced. This law secured the rights of authors and inventors.
History of CopyrightIn 1436, the advent of movable type caused an explosion in booksacross Europe. This created an immediate need for protection ofcreative works for the authors and publishers.In 1710, the world’s first copyright law The Statute of Anne wasenforced. This law secured the rights of authors and inventors. In 1790, the first American copyright law was passed by Congress. In 1887 The Berne Convention was created which enforced certain standards and minimum levels of copyright protection. This was enforced due to the increase in production and distribution of books throughout Europe and North America. (History of Copyright, 2005).
Copyright in Australia Australian Copyright Act 1968 is run under federal legislation. A copy of the act can be downloaded here The Australian Copyright Act 1968 is slightly different to United States Copyright previously mentioned. There is no specific definition but rather a set of points....
Copyright in Australia Under the Australian copyright law, copyright protection is free and applies automatically when material is created. There is NO registration system for copyright in Australia. Copyright does not protect ideas, information, styles or techniques. Copyright does not protect names, titles or slogans. There are no general exemptions from copyright law for non-profit organisations. There are some situations where copyright law allows people to use copyright material without permission for their own personal use, but these are narrow and specific. Generally, Australian copyright law applies to actions that take place in Australia, even if the material used was created or first published in another country. (Australian Copyright Council, 2007: 1)
Copyright in Australia Most importantly, “Copyright law creates incentives for people to invest their time, talent and other resources in creating new material – particularly cultural and educational material – which benefits society.” (Australian Copyright Council, 2007: 1)
Yay! Fun Fact! Did you know that the Disney company fought for a longer copyright period as Mickey Mouse (and many other lovable characters) were about to copyright expire? Copyright was extended another 20 years, saving Mickey Mouse and his friends from the public domain. (Besser, 2000)
Impacts of Digital TechnologyThe Modern Age Mashups/ Remixes Creative Commons YouTube Torrent downloads
Impacts of Digital TechnologyThe Modern Age Mashups/ Remixes. What are they? Remix is the reworking or adaptation of an existing work. It may be subtle or completely change the original work. (Lamb, 2007). “Mashups involve the reuse, or remixing, of works of art, of content, and/or of data for purposes that usually were not intended or even imagined by the original creators.” (Lamb, 2007: 14)
Impacts of Digital TechnologyThe Modern Age Mashups/ Remixes “In recent years, with the emergence of Web 2.0, the ability to copy, to combine, and to remix has been extended.” (Lamb, 2007: 14). The rise of digital media has led to increased levels of activity and imagination. Digital technology has also led to easier distribution, copying and manipulation of media; leading and supporting mashups and remixes. (Lamb, 2007)
Impacts of Digital TechnologyThe Modern Age Mashups/ Remixes So what does this mean for copyright? With digital technology such as the Internet, copyrighted material can be easily accessed and edited. This may lead to many copyright infringements and illegal distributions. However, by restricting the use of existing material, creativity and entertaining works could be constrained. In order to prevent this from happening should copyright be changed to incorporate technology? Or should mashups and remixes of copyrighted material be banned?
Impacts of Digital TechnologyThe Modern Age Creative Commons- What is it? Visit http://www.creativecommons.org Also known as CC, Creative Commons is a set of licenses that provide middle ground between “restrictive copyright and the public domain.” (Lamb, 2007: 18).
Impacts of Digital TechnologyThe Modern Age “Our mission Creative Commons develops, supports, and stewards legal and technical infrastructure that maximizes digital creativity, sharing, and innovation.” (Creative Commons, N.D)
Impacts of Digital TechnologyThe Modern Age •Creative Commons provides a set of copyright licenses and tools that allows certain copyrighted material to be used. •It is a simple, standardized way of allowing works to be used with a ‘some rights reserved’ approach. Great for educational, scientific and creative uses. •Content can be copied, edited, distributed, remixed and built upon without breaching copyright legislation; great for todays western society. Check it out!
Impacts of Digital TechnologyThe Modern Age YouTube- About me. YouTube is a website that provides the streaming of video material. “The videos available on YouTube include home videos and remixes, up-to-the-minute television excerpts, music videos, trailers, commercials, and highlights from television history posted by users.”(Hilderbrand, 2007: 48)
Is thisinfringingCopyright? What about this? YouTube. Screen capture taken on the 20th October, 2011: 2:20pm. http://www.youtube.com/
Impacts of Digital TechnologyThe Modern Age YouTube TV episodes are often uploaded almost straight after TV airing, however most footage is taken offline within a few hours of the post. This is so common that many bloggers note this will happen and suggest viewers watch it asap. (Hilderbrand, 2007) YouTube, South Park Mac vs. PC. Screen shot taken 20th October, 2011: 2:36pm. http://www.youtube.com/watch?v=Id_kGL3M5Cg
Impacts of Digital TechnologyThe Modern Age So...how long will YouTube survive when so many people are against free access to copyrighted material? Since the law says no to free viewing, will YouTube soon become extinct?
Impacts of Digital TechnologyThe Modern Age In March 2007, Viacom sued YouTube and Google for $1 billion as YouTube refused to remove Viacom’s shows such as The Daily show, The Colbert Report and South Park from their website. (Hilderbrand, 2007: 55) If such media conglomerates continue to sue for copyright infringement a lot of material access will become highly restricted.
Impacts of Digital TechnologyThe Modern Age Professor Hilderbrand from the University of California argues that YouTube is not promoting piracy but rather providing easy access to material. “To be clear, I am suggesting that YouTube does not promote willy-nilly piracy but rather enables access to culturally significant texts that would otherwise be elusive and the ability to repurpose videos in the creation of new derivative works.” (Hildebrand, 2007: 56)
Impacts of Digital TechnologyThe Modern Age Torrent Downloads- what are they? Torrent Downloads are a peer- to- peer (P2P) file sharing service that allows large files to be downloaded relatively easy. Torrents are the best way to transfer large files over the Internet. “A user wanting to download a file (a "peer") can literally obtain small pieces of it from multiple computers ("seeds"). (Vuze, N.D) However, Torrent downloading uses a lot of bandwidth which is bad for Internet Service Providers and your bill!
Here is an example of Peer- to- Peer File Sharing... Information is distributed to multiple computers Thisinformation may be subject to copyright
Impacts of Digital TechnologyThe Modern Age Torrent Downloads BitTorrent is currently the world’s most used Torrent website, but research shows that most of this content is copyright protected. Downloading or distributing such content results in copyright infringement and can lead to large fines or even jail sentences...
Impacts of Digital TechnologyThe Modern Age Torrent Downloads “A recent report from torrent site KickassTorrents, however, found that the most popular searches on BitTorrent during 2010 were for Blockbuster Hollywood movies and porn. The top 10 search terms included Inception, Iron Man 2, 2010, XXX, French, Avatar, Dvdrip, Despicable Me, Porn, and Clash of the Titans.” (Albanesius, 2011:1) The Oscar-winning movie The Hurt Locker is another victim of illegal downloading. It has been illegally downloaded about 10 million times since its release, according to the Academy of Motion Picture Arts and Sciences. (Menn, 2011: 1)
Impacts of Digital TechnologyThe Modern Age Torrent Downloads Another example is Vuze 4.2. This program allows users to search and download movies, games, software, music and more.
Impacts of Digital TechnologyThe Modern Age Torrent Downloads When using Vuze 4.2, both legal and illegal file sharing occurs. This new technology negatively impacts on copyrighted material as access is so easy. A user can simply send or receive pieces of files, allowing the file to distribute faster.
Impacts of Digital TechnologyThe Modern Age Not all torrents are bad! There are some legal torrent sites such as www.legaltorrents.com Sites such as this guarantee that all content is legally downloadable and will not infringe copyright. These sites also help promote the protection of copyright and provide Internet users with other options. Many companies and Internet Service Providers are currently searching for answers to block illegal downloads.
Here is an Australian example ofcopyright infringement due to digital technology....
Australian Copyright Infringement Woops! James Burt of Brisbane illegally copied and uploaded to the Internet Nintendo Co Ltd’s Super Mario Bros Wii game in 2009. This game was yet to be released to the public and therefore resulted in massive losses for Nintendo. The game was found to be downloaded more than 50 000 times over a 5 day period. Burt was ordered to pay $1.5 million to Nintendo to compensate loss of sales as well as pay $100 000 of their legal costs. (Addisons, N.D)
Approximately 23.8% of globalInternet traffic is infringing,with Bittorrent specificallyaccounting for almost half ofthat amount. (Envisional Ltd, 2011:1) Bittorrent is the most popular file downloads system online. “An analysis of the top 10,000 swarms [on Bittorent] found that pornography (35.8%), film (35.2%), and television (12.7%) were the most popular content types.” (Envisional Ltd, 2011: 1)
On the day of this analysis, 11.5m peers were seeding or downloading copyrighted film content, 2.4m peers seeding or downloading copyrighted television content, and 3.2m pornography. (Envisional Ltd, 2011: 2)Excluding pornography, only one swarm[people offering downloadable material] in thetop 10,000 offered legitimate content and99.24% of all material in the top 10,000swarms was copyrighted. (Envisional Ltd, 2011: 1)
29 million American adults, (13% of all adults), have downloaded or watched illegal copies of movies or TV shows online. (MPAA infographic, N.D.) $58 billion in economic outputs is lost to the U.S. Economy annually due to copyright theft. (MPAA infographic, N.D.)
So How Do We Stop It? In an article by the Financial Times, 5 of the US’s largest internet- access companies have pledged to reduce piracy. The pledge will terminate internet access for users identified as large serial pirates. Consumers downloading illegal content will receive up to 6 warnings via email and pop-ups before having their internet speed cut until they contact their provider. Verizon’s (one of the 5 large companies) general counsel Randal Milch stated that “this is a sensible approach to the problem of online content-theft and, importantly, one that respects the privacy and rights of our subscribers.” (Menn, 2011: 1) France and the UK have recently approved “three-strikes” laws to disconnect three-time pirates, but no-one has yet been cut off. (Menn, 2011: 2)
Conclusion To conclude, digital technology has had a major impact on copyright and copyrighted material. With technology such as the Internet and the programs used in conjunction with it, access to copyrighted material has increased dramatically. For such works to continue to be protected, new measures must be taken. Owners of copyright as well as Internet Service Providers need to protect copyrighted material at any means possible. This can include blocking certain programs (like torrents) or creating new ways to prevent illegal copying. If such measures prove unsuccessful, the Copyright Act may need to be adjusted to account for new digital technologies.
Still unsure about copyright?Want to watch a cool video? Copyright, What’s Copyright? http://youtu.be/0QiO_H0-ok8
References Addisons. N.D. Game Over as Australian Copyright Pirate Walks the Plank. Online available at http://www.addisonslawyers.com.au/documents/doc-108-copyright.pdf [accessed 20th October, 2011] Albanesius, C. 2011. BitTorrent Tops 100M Users, 400K Daily Downloads. Online available at http://www.pcmag.com/article2/0,2817,2375017,00.asp#fbid=iMjlVBNrYw9 [accessed 22nd October, 2011] Australian Copyright Council. 2007. An introduction to copyright in Australia (G010). Online available to download at http://www.copyright.org.au/find-an-answer/ [accessed 21st October, 2011] Besser, H. 2000. Recent Changes to Copyright: Attacks Against the Public Interest. Online available at http://besser.tsoa.nyu.edu/howard/Papers/copyright99.html Creative Commons, N.D. About. Online available at http://creativecommons.org/about [accessed 21st October, 2011] Envisional Ltd. 2011. Technical Report: An Estimate of Infringing Use of the Internet- Summary. Online available at http://www.mpaa.org/Resources/8aaaecf5-961e-4eda-8c21-9f4f53e08f19.pdf [accessed 20th October, 2011] Hilderbrand, L. 2007. Youtube: Where Cultural Memory and Copyright Converge. Film quarterly, Vol. 61, No.1 (Fall 2007). Pp. 48-57. University of California Press. Online available at http://www.jstor.org/stable/10.1525/fq.2007.61.1.48 [accessed 21st October, 2011] History of Copyright. 2005. What are copyrights? Online available at http://www.historyofcopyright.org/ [accessed 21st October, 2011] Lamb, B. 2007. Dr. Mashup or, why Educators Should Learn to Stop Worrying and Love the Remix. Educause Review, July/ August 2007. Downloaded from Blackboard site CULT3020. Lussier, G. 2011. Infographic: MPAA Looks at ‘The Cost of Content Theft’ By The Numbers. Online available at http://www.slashfilm.com/infographic-mpaa-cost-content-theft-numbers/ [accessed 20th October, 2011] Menn, J. 2011. US internet providers to target pirates. Online available at http://www.ft.com/intl/cms/s/0/1509cef0-a8ab-11e0- 8a97-00144feabdc0.html#axzz1bGfgpZtC [accessed 20th October, 2011] MPAA- infographic. The Cost of Content Theft by the Numbers. Online available at http://www.scribd.com/doc/62848402/mpaa-infographic [accessed 21st October, 2011] Singla, P. N.D. The Manual of Life: Understanding Torrent Upgrading Speed. Online available at http://books.google.com.au/books?id=zZEDcQMqJNoC&pg=PP3&dq=torrent+download&hl=en&ei=_vyhTrr- C6mUiAfkkvTVDQ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CC4Q6AEwAA#v=onepage&q=torrent%20download &f=false United States Copyright Office. 2007-2008. Copyright Basics. Online available at http://www.copyright.gov/circs/circ1.pdf [accessed 21st October, 2011] Vuze. N.D. Our Technology. Online available at http://www.vuze.com/corp/technology.php
References Pictures edited by Stacey Reibelt using Adobe Photoshop CS5. Original images from: Sharing is caring- http://3.bp.blogspot.com/_BQaigIqXhFs/TK6tCgNwlZI/AAAAAAAAA7s/wtm4pIDthNU/s160 0/sharing-is-caring-pic-3.jpg Mickey Mouse- http://mundopc.net/extension-del-copyright-en-europa-la-polemica-del-ano/ Copyright gold symbol- http://images.laws.com/copyright/copyright-symbol.jpg Super mario bros 3- http://3.bp.blogspot.com/- duH8k_KHmMs/TkS6sMVR5yI/AAAAAAAAEnw/_qR1esPIF6Q/s1600/super-mario-bros- 3+intro.jpg 3 James Burt- http://www.smh.com.au/digital-life/games/nintendo-pirate-just-a-shy-gamer- dad-20100210-nrlr.html Walle- http://roguepreacher.com/wp-content/uploads/2011/01/wallecopyrightcriminal500b.jpg Copyright digital age- http://themes.pppst.com/banner_copyrights_digital.gif Mashup- http://www.mentalfloss.com/wp-content/uploads/2007/03/headshot_mashup.jpg Remix-1- http://kickinthepeanuts.com/wp-content/uploads/2010/01/remix-1.jpg Kangaroo- http://www.sydney-australia.biz/western-australia/graphics/western-australia- kangaroo-beach.jpg