They say that copyrights now last so long that the creators of these works are long dead and the benefits go to enrich media giants. Lessig says: "We now have an incredible concentration of copyrights in a few entities. Never has there been a point where more of our culture has been controlled by fewer people. Lessig argues that Americans have less access to artistic works and information. He points out that only "2 percent of work 75 years old is currently exploited commercially.
But, he says, "Congress's practice is to extend protection generally. It cannot see beyond this 2 percent--for among other things, the 2 percent includes Mickey. Supports of copyright extension point out that the European Union and other countries have adopted the life plus 70 years formula for copyrights. They say that it is becoming the international standard. They argue that American copyright holders deserve the same protection.
Valenti points out that copyrighted material is an important asset. Whatever shrinks that massive asset is not in America's interests. Do you see any difference between unauthorized downloading of copyrighted music from the Internet and shoplifting CDs from a store? What is fair use? Look at the guidelines for courts and examples of fair use in the article. Decide whether each of the following is fair use or copyright infringement:. Setting up a web site, financed by advertising, that distributes free unauthorized copies of CDs and DVDs.
How would you have decided the Napster case had it gone to trial? Give reasons for your decision. Copyright Tutorial A good overview of the law and issues. From Caltech. Copyright Law in the United States An explanation. From Bitlaw. Digital Millenium Copyright Act.
Copyright and Patents Internet Law Wire. Nolo: Copyright. Virtual Chase: Intellectual Property Law. Copyrighting in the Digital Age. Archive of News Stories Laws and Legislation. A Copyright Cold War? Intellectual Property Digital Music. PC World: Copyright. Intellectual Property. Eldred v. American Society of Composers, Authors, and Publishers. PDF file. Copyright Intellectual Property. In this activity, students role play members of a congressional committee considering the following statute: It is hereby established as fair use for people to share copies of purchased music CDs with others over the Internet.
The sharing must be for non-commercial purposes only. Divide into small groups. Each group will be a congressional committee. Each committee should do the following:. From the Free Music Philosophy website: " Free Music means that any individual has the freedom of copying, distributing, and modifying music for personal, noncommercial purposes. However, something that can be copied arbitrarily many times, like music, should be set free.
Musicians currently make money through a variety of sources: sales of records, merchandise and concert tickets, and royalties from commercial airplay. Freeing music will certainly not be detrimental to the sales of merchandise and concert tickets, nor will it affect compulsory or performance royalties.
If anything, it will improve sales since people will continue supporting artists they like by going to their concerts and buying their merchandise. You may check it yourself:. DRM system has both supporters and opponents.
Many software tools are learned to bypass and even take off DRM-protection. Online and offline piracy is still flourishing, otherwise the following pie would have different values. More in Tech Read More.
Read More. Scroll for more. Best Posts in Tech. The source code for a program called Free Me was also posted, which could remove the DRM protection from those files. Rather than an insider, Beale Screamer seemed to be a rogue cryptanalyst who had taken a dislike to the way media companies were implementing DRM systems. Included with the technical information was an extraordinary message explaining why Beale Screamer had set out to break the DRM system. Addressing artists, it said "Don't fear new distribution methods — embrace them.
Technology is providing you the means to get your art directly to consumers, avoiding the big record companies. They want a piece of the action for your creativity, and you don't need to let them in on it any more. Your fans will treat you nicely, unless you treat your fans poorly. Bo Diddley didn't have anything to fear from his fans, but a lot to fear from Leonard Chess. Think about that. The 'darknet' was their term for all unofficial distribution on computer networks.
Following their research, the authors were quite confident that the darknet will survive, even if today's peer-to-peer networks do not. Another DRM format that was once touted as the future of secure internet music distribution was Liquid Audio. However, it was never very popular with end users, and the two founders of the company behind the format resigned from their executive posts in November Real Networks remain the only company providing an Internet media system with significant market share, other than Fraunhofer — who devised the MP3 format — and Microsoft.
Whether secure media distributed via the Helix system proves popular with content creators or end users remains to be seen. If you can't stop music being shared once it's uploaded to the Internet, why not stop people from putting it there in the first place? That would appear to be the rationale behind several DRM systems which are designed to prevent 'ripping', or the practice of making lossy compressed audio files, such as MP3s, from CDs.
These systems include the Cactus , Key2Audio and MediaCloQ formats, as well as undocumented methods, and the use of these techniques is not always indicated on album packaging.
Some record labels put obvious warnings on corrupt CDs, while others use minuscule print or don't mention the DRM system at all. Taking advantage of the fact that CD-ROM drives are different from typical audio CD players, these systems use corruptions of the error-correction system to make the CD-ROM drive reject the disc as faulty, or otherwise prevent playback.
Some systems offer an inferior alternative by making the computer play a lo-fi version of the music, instead of the uncompressed CD audio data. Recent releases have featured mixtures of corrupt and normal CDs in different regions, perhaps as part of test marketing. Despite these measures, music from the earliest CDs to be 'protected', such as the promo for Michael Jackson's 'You Rock My World', still appeared on peer-to-peer systems overnight.
An analogue output from a domestic CD player connected to a computer's soundcard makes ripping still possible, while owners of CD players with digital outputs can often make perfect serial copies.
One CD protection scheme can even be defeated with a felt-tip pen drawn carefully over a certain track of the CD. Older CD audio players and high-end machines have been reported to reject the corrupted discs, while some models of Apple computer have been known to lock the CD inside, requiring a return of the computer to the dealer.
Interfering with error correction could mean that these discs have a shorter lifespan too, as players are less likely to be able to cope should these discs become scratched. The theory that corrupting established CD specifications can help protect record company profits has yet to be proved. Listening habits are changing, and it seems people want to play CDs on their computer, without necessarily ripping them to an inferior lossy format. Some legitimate CDs now have less reliability and utility than counterfeit versions without copy protection, and computer owners might be even more likely to use peer-to-peer networks if they can't be sure that the CD they buy will work in their chosen listening device.
The perils of attempting to implement a DRM system that inconveniences users have been amply illustrated by the system used on DVDs. When DVD was invented, Hollywood could see the potential profit in a retail price hike combined with reduced unit cost — just as the record labels had done in moving from vinyl to CD. But movies have a critical period for profitability, between the time of the cinema release and the appearance of the film on terrestrial TV. Understanding that perfect serial copies of movies could be made from DVD, Hollywood agreed to support the format only on the condition that a 'secure' form of DRM was included.
Jon Johansen left being awarded the Karoline Prize. The result was the Content Scrambling System or CSS, which apart from ruining the picture for people who try to watch the movie they have bought on a non-approved player, supports the region code system which allows for delayed releases in non-US markets, extending the profitable period for the movie around the world. CSS was also supposed to enable higher retail prices in markets that were considered able to bear them — such as the UK — by making Internet shopping for DVDs across borders pointless.
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