LCC 1002 M3: P#2 "Copyright Celebration!"

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.