Digital technology: its impact on copyright law and practice in North America

2006 ◽  
Vol 1 (13) ◽  
pp. 839-849 ◽  
Author(s):  
R. E. Dimock ◽  
S. Punniyamoorthy
Keyword(s):  
North America ◽  
Digital Technology ◽  
Copyright Law

U.S. Copyright Relations with Central, East European, and Eurasian Nations in Historical Perspective

Slavic Review ◽  
2006 ◽  
Vol 65 (2) ◽  
pp. 325-348 ◽  
Author(s):  
Janice T. Pilch
Keyword(s):  
Digital Technology ◽  
Central And Eastern Europe ◽  
Historical Context ◽  
The United States ◽  
Copyright Law ◽  
East European ◽  
The Public ◽  
Recent Developments ◽  
Recent Trends ◽  
Global Economic Growth

In the last decade, the international copyright environment has been transformed by the rise of digital technology and by a new emphasis on intellectual property as a key to global economic growth. Recent trends have coincided with developments in the postcommunist nations of central and eastern Europe and Eurasia and have changed the rules for the use and dissemination of works originating in these nations. In this article, Janice T. Pilch examines recent developments in a historical context, from the origins of the international copyright system in the mid-nineteenth century and the establishment of U.S. copyright relations with central and east European nations in the early twentieth century, to integration within the international copyright regime today. The chronology details the application of U.S. copyright law to works from these nations, illustrating the effects of copyright restoration in the mid-1990s to foreign works that had previously been in the public domain in the United States, a development of foremost concern to scholars, educators, and librarians whose efforts depend on the continued availability of information.

scholarly journals Copyright

2016 ◽  
Vol 98 (03) ◽  
pp. 162-164
Author(s):  
P Smart
Keyword(s):  
Digital Technology ◽  
New Technology ◽  
Film Music ◽  
Legal Framework ◽  
Copyright Law ◽  
Copyright Transfer ◽  
Right To Copy ◽  
The Moment ◽  
The Uk ◽  
The Relationship

‘Talent is always conscious of its own abundance, and does not object to sharing.’ Aleksandr Solzhenitsyn, The First Circle When authors submit an article for publication, most publishers will ask for a signature from the author on a copyright form. The relationship between an author and the publisher is then a partnership but one that many authors are reluctant to enter into. After all, why should a publisher take copyright from an author of an article when the author had the idea and has done all the hard work for the content of the article? In response to this question, publishers will generally claim that copyright transfer agreements protect authors from copyright infringements such as plagiarism, libel and unauthorised uses as well as protecting the integrity of the article. Copyright in the UK was originally concerned with preventing the unlawful copying of printed material in the 17th century in response to the then new technology of book printing. The first copyright act in the UK, the Statute of Anne in 1710, was subtitled ‘An Act for the Encouragement of Learning’, and granted privileges and monopolies to book printers. Since then, copyright law has evolved to incorporate many forms of communication, including photography, film, music, computers, engraving, designs on t-shirts and digital technology among other forms of media. The most recent act in the UK is the Copyright, Designs and Patents Act 1988. While copyright covers an author’s right to copy, distribute and revise the work, it does not protect ideas – just their fixation or expression. The moment that an idea is fixed or expressed physically, copyright starts and does not have to be registered. In this article, Pippa Smart provides an overview of the legal framework that protects authors and publishers. Jyoti Shah, Commissioning Editor

Copyright Law in the Digital Age

2004 ◽  
pp. 223-233 ◽  
Author(s):  
Jordan M. Blanke
Keyword(s):  
Digital Technology ◽  
Digital Age ◽  
Copyright Law ◽  
Public Knowledge ◽  
Court Cases ◽  
Current State ◽  
The Law

This chapter discusses the current state of copyright law with respect to works contained on different media. It traces the history and purpose of the law, while focusing on how digital technology has shaped its evolution. It describes how recent legislation and court cases have created a patchwork of law whose protection often varies depending upon the medium on which the work lies. The author questions whether some of the recent legislation has lost sight of the main purpose behind the copyright law, the promotion of learning and public knowledge.

The Law of Musical Borrowing

2021 ◽  
Author(s):  
Michael W. Carroll
Keyword(s):  
Digital Technology ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Fair Use ◽  
User Generated Content ◽  
Musical Borrowing ◽  
Online Platforms ◽  
The Law ◽  
Musical Creativity ◽  
Secondary Liability

Creating music often involves borrowing from preexisting sources. Copyright law applies to a range of common borrowing practices including sampling, remixing, linking, and creating user-generated content for online platforms. When analyzing musical borrowing, it is important to first establish what aspects of musical creativity copyright does and does not protect. A series of cases illustrate when the law identifies borrowing of unprotected aspects of prior works, such as musical ideas, common melodic sequences, and chord progressions. Other cases illustrate how the law also permits some borrowing of protected expression if the borrowing is fair use. Digital technology facilitates musical borrowing, and certain online practices such as posting hyperlinks to other musical sources are permitted unless the person posting the links knows that the link leads to infringing material, intends to encourage others to infringe or meets other requirements for secondary liability for copyright infringement.

CRIMINALISING COPYRIGHT: A STORY OF PUBLISHERS, PIRATES AND PIECES OF EIGHT

2007 ◽  
Vol 66 (3) ◽  
pp. 625-656 ◽  
Author(s):  
Isabella Alexander
Keyword(s):  
Intellectual Property ◽  
Digital Technology ◽  
Film Industry ◽  
Copyright Law ◽  
The Internet ◽  
Property Law ◽  
Intellectual Property Law ◽  
Digital World ◽  
Fit For Purpose ◽  
One Year

On 6 December 2006, the Gowers Review of Intellectual Property unveiled its much-anticipated report investigating whether intellectual property law was still “fit for purpose in an era of globalisation, digitisation and increasing economic specialisation”. The Review, which had one year in which to cover the entire field of intellectual property law, concluded that there was no need for radical overhaul of the system. However, it did make a number of recommendations for reform and one area it considered to be particularly important was strengthening enforcement of IP rights. In recent years, concerns about the inadequate enforcement of intellectual property laws have focused mainly on copyright law and the entertainment industries. More specifically, they have centred on the opportunities for copyright infringement offered by digital technology and the internet. The music industry was the first to find itself out of its depth in the brave new digital world, and the film industry quickly followed. “Piracy”, we are told, is now rife and must be fought at every opportunity.

Creativity and Craft

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Digital Technology ◽  
Copyright Law ◽  
Fundamental Proposition

I revisit the distinction between intangible works of authorship and tangible objects, which is a fundamental proposition of modern copyright law. I suggest that reconsidering that distinction, at least in part, may expand the range of possibilities for aligning modern copyright as an economic construct with the historical roots of copyright and with ethical claims about authorial expression. Revisiting that distinction also may provide contemporary lawyers and policymakers with a much-needed tool for managing challenges posed by digital technology.

scholarly journals MED's Position Paper on Digital Technology and the Copyright Act: Legislation without a Solution?

2005 ◽  
Vol 36 (1) ◽  
pp. 45
Author(s):  
Jens U Nebel
Keyword(s):  
Economic Development ◽  
Digital Technology ◽  
Service Providers ◽  
Copyright Law ◽  
Position Paper ◽  
Legal Issue ◽  
Digital Environment ◽  
Internet Service ◽  
Apparent Problem ◽  
Take All

Courts in various jurisdictions have had to deal with the question of whether Internet Service Providers (ISPs) can be held liable for infringing acts committed by their subscribers. It is perhaps the most controversial legal issue emerging in the digital environment. Although New Zealand courts have yet to deal with the issue of ISP liability for copyright infringement, the Ministry of Economic Development (MED) has suggested a statutory solution for this apparent problem, which was put down in the 2002 Digital Technology and the Copyright Act 1994 Position Paper. In the Position Paper, MED proposes to exempt ISPs from liability for primary and secondary infringement under certain requirements. The suggested amendment to the Copyright Act 1994 raises several issues and questions, which will be addressed in this paper. The author argues that a total liability exemption fails to take all relevant policy factors into account and favours ISPs unilaterally. The paper suggests that ISPs do not need an exemption clause, because New Zealand's copyright law, although full of uncertainties, appears to be relatively narrow compared to other jurisdictions. The proposed reform causes more problems than it addresses. The constructive knowledge standard, which ISPs have to meet in order to fall under the liability exemption clauses, is difficult to determine and amplifies the existing uncertainties. The author suggests that instead of curing the symptoms, the legislator should get at the root of the problems, which is the cluttered secondary infringement provisions and the nebulous concept of authorisation, which is the true reason for the legal uncertainty copyright owners and ISPs are currently facing. 

Blockchain and Copyright

2022 ◽  
pp. 125-145
Author(s):  
Pedro Pina
Keyword(s):  
Digital Technology ◽  
Copyright Law ◽  
The Internet ◽  
Smart Contracts ◽  
New Model ◽  
Copyright Policy ◽  
Private Ordering ◽  
Digital Copyright ◽  
Privacy Law ◽  
The Relationship

Advances in the field of digital technology are constantly introducing new levels of controversy into copyright policy. Blockchain is the most recent technology with significative impact in digital copyright. Combined with smart contracts, blockchain enables new efficient forms of distribution of copyrighted works and also a new model of private ordering regarding the control of uses of works on the Internet. The chapter aims to examine the relationship and the most relevant intersections between blockchain, digital exploitation of copyrighted works, copyright law, and privacy law.

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