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Challenges to Copyright in the Digital Age
Transcript of Challenges to Copyright in the Digital Age
challenges faced by
in the digital age? By Anton Phagoo & Zafir Ali What is Copyright? What is the Digital Age? What Challenges arise? Copyright © 2012 Intellectual Property Office Legal term describing rights given to creators for their literary and artistic works. Related Rights provide similar protection to performing artists and broadcasters. Literary Works Artistic Works Economic Rights Moral Rights Benefits Copyright Treaties C
D ommunication daptation eproduction istribution P aternity ntegrity Berne Convention for Protection of Literary and
Artistic Works (1886) WIPO Copyright Treaty (1996) WIPO Performances and Phonograms Treaty (1996) Trinidad & Tobago A period characterized by the ability of individuals to transfer information freely and have instant access to information. Digitization I The process of transforming data from analog to digital form. Digital form is binary coded files i.e. 0's and 1's. For example, the word
"copyright" in binary
110110100001110100. History Early 1980's - 1,000 hosts Late 1980's - 100,000 hosts The creation of the World Wide Web transformed the Internet from a technological infrastructure into a popular network linking people throughout the world. Several billion pages, growing at a rate of seven million plus per day. Impact on Copyright Protection extends to eligible digital content regardless of the form in which it exists. Thomas J. Smedinghoff, the author of "Online Law", it is almost impossible to do anything online without implicating one or more of the rights under copyright and related rights. An example is viewing a webpage.
User makes a temporary or permanent copy of the contents a.k.a. a cookie.
Owner is making a public display and may be engaged in distribution of protected material.
Rights of copying, displaying and distributing are being infringed. Digital Piracy Linking & Framing P2P File Sharing Solutions Conclusion The Digital Age is always growing and expanding. New technologies are constantly being invented
and each creates new challenges. Copyright system must find new solutions for each new challenge to prevent infringement. The End Digital content may be copied, modified and distributed all over the globe to more than half a billion users connected to the Internet at virtually no cost, with the click of a mouse. Digital Piracy is inadvertently empowered by:
Improved file compression technology
Increased Internet speeds and availability. Music industry:
In 2003, illegal music sales valued at US$4.5 billion.
In January 2005, there were 870 million copyright infringing music files on the Internet. Film industry:
400,000 to 600,000 illegal downloads of feature films everyday. Linking can be defined as connecting
one webpage to another. Linking may result in copyright infringement if the links facilitate further infringement or piracy. However, usually no permission is required to make a link to a site because:
the website owner has given an "implied license", or
linking may be considered as "fair use" or "fair dealing". "Deep-linking" connects a user directly to material on another site, bypassing that site's home or front page. http://en.wikipedia.org/wiki/Deep_linking Framing occurs when large parts of an original website's content is "framed" by a different website.
The second website's URL and its logos and advertising are used as well. Framing may constitute copyright infringement because:
the website arguably alters the appearance of the framed website.
the framing website may give the impression that the framed website endorses or is related to the offending website. Peer-to-peer (P2P) file sharing is an online activity where networks enable individual users to share, search and download files. This file sharing often leads to infringing copyrighted material. At any one time, approximately 10 million users are logged on and sharing over 10,000,000 GB (10 Petabytes) worth of data. The case of A&M Records, inc. v. Napster, Inc.
Downloading music by Napster users was found to be a direct infringement of copyright.
Napster, operating a centralized server, engaged in contributory infringement and vicarious infringement. "Napster was predicating its business model on violation of copyright."
Dan Farmer. VS Linking and Framing Challenge Solution Copyright owners have found protection against deep-linking by relying upon legal protection against trespass, breach of contract, and common law misappropriation. Challenge Solution P2P File Sharing Legal action against individual users. By April 2005, RIAA had sued 11,552 individuals. Launch legal online music services following either subscription or pay per song models such as iTunes Music Store (Apple). is a deep link.