P#2 "Copyright Celebration!"Steven Loube (gt2922b@prism.gatech.edu)Thu, 23 Jan 1997 02:32:26 -0500
EVOLVING COPYRIGHT LAWS According to the Berne copyright convention that was approved by almost every country in the world, every created work becomes copyrighted the moment it is in tangible form. The ruling decided that facts and ideas could not be copyrighted but instead copyrights would be reserved for creative efforts. In the United States the laws allows for a $2500 fine for copyright infringement as well as any damages. Also, these cases are tried in a civil court so the defendant is not ‹innocent until proven guilty.ž All of this information above provided from the site http://www.clari.net/brad/copyright.html appears to cover the basics of copyrighting and what it does and does not protect. So what is the problem? As we read in the ‹The Economy of Ideasž the problem is two-fold. First we must define what should and should not be copyrighted and we must also decided how and to what degree we should enforce copyright laws. The interesting thing about copyrighting in my opinion is how it has evolved. I do not believe copyrighting material has gotten harder as time has passed, for surely what could be harder than putting your life in the line defending what you believe to be yours, but has become more complicated. When books were scarce distribution of writings was easy to control. Even later when books were more common it was fairly easy to make sure that the owner of the book, be it the author or a publishing house, controlled the vast majority of that books publishing‰s. But as technology has progressed control over copyrighted material had lessened and lessened. With more tangible things, such as cars, more traditional copyright laws are still being used effectively. While certainly new concepts and novalizations have been illegally ‹sharedž between companies on many instances, the basic idea of protecting the rights of the creators is still pretty firm. But as we learned in ‹The Economy of Ideasž, this does not hold as true with the less tangible world of the computer. Here it is not only harder to define what should or should not be copyrighted, but also to protect that material once it is. The first paragraph maintains that ideas can not be copyrighted and that copyrights only exist once something is in a tangible form. Well, how tangible is a web site or a computer disk or even just the information brought up on a computer screen? The article at the beginning talks about a common problem on the internet is that most people believe that almost all of the material they download is not protected and it is theirs to do with as they will even though they could be violating the creator‰s rights without even knowing it. The main issue in ‹The economy of ideaž is that while having all of this information at our finger tips is great, we have to understand that there must be compensation for the creator of that materials work. Perhaps in a perfect society a person would create simply to enrich the world. However, in our world creation is motivated by the understanding that a reward will follow. Without that motivation the creation process ceases to work in most cases. In our world today this is a very real concern. One of the first things I saw when I came to Tech was that many of the people in my hall were playing a game that they had downloaded onto their computers that had yet to even reach the stores! They of course did not pay for this game and I am certain that they have no interest in buying the game once it comes out. So what motivation do the creators of the game have for creating a newer version of the game? Certainly less than if everyone who had the game on their computer paid the creator for it. The author of the article I found on the internet suggests that some information has to be protected, while some information should be made available to the public. For instance, a movie should make available clips for critics to use on their shows to comment on their opinion of the movie even if the critic has a negative opinion. Some things should be the right of the people to see and learn about. I believe that the only rules for people who have created material of their own is to do with it as they please. It is the government‰s job to protect that right. I found one source on copyrighting (ftp://ftp.aimnet.com/pub/us ers/carroll/law/copyright/faq/part1) on the web that ironically had a copyright at the beginning. However, this copyright was an easy one to follow. It only asked that the copyright be included in any copies that were made of the writing. This type of copyright is not what is creating the problem. Instead the problem lies in the material that is being distributed either for a profit or at a loss of profit for the creator. Both are equally bad. So what about solutions? The only reason copyrights are in existence in most cases is so that the creator of a piece of work gets compensated. As long as we find a way to compensate these people there will be no problem. Perhaps it will become the governments job to compensate these people rather than the consumer. Treat these creators as government employees that are doing a job for the gov‰t to better the country. Whatever. The only other solution I can think of is to either increase the prosecution of people who break the copyright laws using the latest technology against them or increase the penalty of copyrighting for those few people who are being caught. Make the risk, however small, not worth it. |