The Rights of the Copyright Owner and the Public Interest - Essay Example

 Copyright refers to the legal terminology that is given to the work of artists and other figures that describes the rights of usage of that work byother people. In other words, copyright is responsible for safeguarding the physical expression of ideas and thoughts. Copyright does not protect the original idea or concept; rather it protects the words through which the author has represented his thoughts (Christie and Gare). The moment some shape is granted to an idea, for instance a piece of music or a painting, that idea has now been given a copyright. One does not need to register in order to gain a copyright. In other words, copyright comes into place at the time of creation and is applicable to both published and unpublished works. It is generally the rule that the copyright is in ownership of the creator and is binding on his or her published or unpublished work. Creations that can hold a copyright include music, novel, painting, brand name etc. The creator of the work is normally the holder of the copyright; however if the work has been made during the time the person was working for someone, then the employer is given the status of being the copyright holder. Another aspect that is attributed to a copyright is that it is a property right and so can be sold or given to someone; it is transferrable. This is usually demonstrated in newspapers and other sources of print media. In such cases, the authors give the copyright of their work to the print publishers. However this raises another important point: the difference between ownership and copyright. There is a distinction between ownership and copyright. Someone may have gained ownership of a piece of writing or a clip of music. However till such time that the creator transfers the copyright to that owner, the copyright of that particular piece of writing or music will belong to the creator (“What is copyright?”). There are a number of laws that are in existence which describe precisely the rules that are associated with copyright. Copyright laws are responsible for demarcating the domain of what rights do the creators and copyright holders should have. This plays an essential part in the determination of whether public access to copyrights balances the rights of the copyright holders or if copyright is strengthened beyond the reasonable limit. This also forms the core of the debate presented in this paper. The initial part of the paper reviews what copyright is and what are its characteristics. Later on, the rights of the copyright holders are discussed. The paper also discusses in detail the fair use policy and how this keeps the copyright from strengthening so much so that public interest in accessing copyright work has been infringed. It is easier for a person to establish the ownership of an apartment or a vehicle by showing the land deed or a title. Something tangible is present that is a proof that the apartment, vehicle etc are the property of a particular person. However it is difficult to establish the ownership of a poem or a technical drawing. The solution to this is the copyright. Therefore the purpose of the copyright lies in producing and determining the ownership of a particular concept. Copyrights help to transfer the concept from a non-tangible to a tangible form. The copyright holder has certain exclusive rights given to him or her by the copyright law. The word exclusive here refers to the independence of the copyright owner to put these rights into effect while other people are not given this privilege. Others are only allowed to use the same rights as that of the creator if the creator gives the other person the license to do so. According to Section 106 of the Copyright Act, there are certain rights of the copyright holder. These rights include the right of the creator to make multiple copies of the work, to disseminate the work in public, to make derivative works, to put the work for public exhibition and to perform the work in public (Crews and Buttler 28). The rights of the copyright holder are integral to the notion of the protection that is being offered by the copyright law (Crews and Buttler 33). As a result, these rights also define the infringements that may occur in the copyright law and are liable for criminal action. One of the important characteristics of the copyright law is that the rights that are granted to the creators are not complete. The creator is given rights to an assortment of materials; however the law further establishes exception to these rights. In the US copyright Act, there are sixteen exceptions that have been mentioned, one of them being the policy of fair use. Section 107 highlights the provision related to fair use. This provision may be regarded as the umbrella exception. Fair use is not narrowed and is used in various situations due to its broad spectrum. Fair use has been referred to as the umbrella because it is the protection that comes into use when other statutes are not applicable (Crews and Buttler 34). Lehman defines fair use as the “affirmative defense to an action for copyright infringement” (73). Fair use allows its users to access information without having to seek the consent of the creator. In this regard, four elements are considered that apply to fair use. This includes the nature of the use, the nature of the copyrighted work, the amount taken and the effect on the market of the copyrighted work. Situations where fair use applies include using sentences from an author in a book review and giving out copies of the text in a class; in fact composing a parody can also qualify as fair use (McJohn 14). The importance of fair use extends as such that it allows the public to have easy access to the idea and notion. To increase the progress of arts and sciences, it is essential that a free flow of information and concepts is founded and promoted. Fair use allows a person to quote directly from the text of an author. If such a privilege was not granted to people, the free flow of ideas could not have been maintained. The usage of quotations would have been subject to certain financial incentives. Therefore, this exception to the exclusive rights of the copyright holder allow people to copy information and use it directly from the original context for reasons like criticism, news reporting, teaching, or research. However this is done under the condition that the value of the work should not be marred (Fishman 8). The limited suite of rights is also one of the limitations that are present on copyright holders. The copyright regime has the control over the usage of work that falls out of the usual rights of the copyright holder such as reproduction, publication etc. For example, a copy of a book is made after the author grants permission. However what happens to that copy is not in the hands of the author. There are various interpretations offered by people regarding the protection of ideas and concepts by copyright. However, as observed above, copyright is transferrable, allowing the public access to it. Moreover, the artifact or the idea may be in the possession of a person other than the creator. The laws that usually exist in the US regarding the protection of concepts by copyright are not very stringent when it comes to the ease of access of that information by the public. Since 1790, when copyrights were introduced in the US for the first time, they have been widely in use. It was in the 1880s that attempts were made on an international scale to set standard laws that are applicable universally. This follows that many of the copyright laws are common for different countries, although they may differ in their specifications. Under copyright laws, people are not barred from using words, thoughts and ideas that are similar to the ones protected under the copyright. However, there is a restriction on copying individual words and images that are common. Therefore it can be established that the copyright does not absolutely stop people from using an idea which is similar to the one protected by the copyright law. In fact, the copyright places a limit on the usage of the exact form of the creative work as well as derivative variations of that work (Pollick). Along with the limitations that are placed on copyright ideas and concepts, there are instances where the copyright holder is given greater control over the usage of his or her copyright. For example a person has written a novel and has thus acquired a copyright for it. If there is some commercial interest regarding the novel and some agencies are interested in making a movie on the novel, they cannot do so unless the creator transfers the copyright to the agency. In other words, the creator is the only person who has the privilege to make a film based on the novel. Therefore it follows that for a person other than the creator to use the concept in some other ways requires that ownership rights of the concept be given to the person. An aspect associated with such a transfer on ownership rights is the financial reward that the creator gets in exchange for the grant of the copyright to other agencies (Pollick). Copyright laws are being altered and modified over the period of time (Aplin and Davis). These changes have been brought about to facilitate the writer or the creator and his or her estate. There is an assortment of responses to such changes. According to critics, the lifetime of the copyright material is extended in order to bar the public from access to them. They contend that the main purpose behind increasing this lifespan lies in the prohibition of fair use by the public. For instance the very early versions of the Disney character Mickey Mouse could have been removed from copyright laws and could have become a part of the public domain a long time ago. However it was the change in the laws of copyright that prevented the images of the character from being regarded as public property with no restriction on its usage. Another perspective offered by some critics regarding complains about minimal public access is related to licensing agencies. The copyright laws change every seventy years or more. Those works that were made before 1 January 1978 are not protected by current laws and maybe subject to copyright laws for another seventy to seventy-five years. Copyright protection may have offered the author shielding from being made use of during his or her lifetime, “it may offer too much protection for estates and companies eager to maintain their incomes from licensing fees and motion picture rights” (Pollick). The rights of the owner of the copyright are exclusive to his or her. However the copyright holder may give authorization to someone else that gives the other person the same rights that the creator has with regard to the usage of the concept. For instance a writer may give permission for the making of a motion picture on his or her book; however the copyright of the original book are with the author (“What is copyright?”). This can be exemplified by the famous book series Harry Potter. The copyright of the novels belongs to the author, JK Rowling. However Warner Bros have made motion pictures on the novels by gaining permission and license from the author to use the story of the novel for the film. There is a balance that is maintained between the exclusive rights of the copyright holder and the interest accessing copyright work publically. Where the public is allowed access to the usage of the works of the creator without the permission of the creator under the fair use policy, infringement of the copyright can also occur when a person performs an action, without the permission of the copyright holder, which only the copyright holder has the right to perform. In such cases, people are accountable to a myriad of financial penalties. The Canadian Copyright Act guards the interests of the public by making certain exceptions to the rights of the creator which would otherwise be regarded as infringement and by decreasing the lifespan of the copyright term, making it earlier for the work to be passed over to the public domain (Canadian Federation of Students). Making the work public has a number of benefits. A healthy democracy mandates that there is a continuous exchange of information in order to facilitate discussions on a range of subjects such as politics and healthcare. Moreover, a public domain which is rich and eclectic in nature tends to promote inventiveness and encourage the creation of new works. Moreover, a level and equal access to the copyright material is necessary to reduce the digital split significantly (International Federation of Library Associations and Institutions). In my opinion the copyright laws have not been strengthened unreasonably. There are some ways which grant the usage of copyright works without the need to gain permission. People do not have to seek the consent of the creator before using his or her work for certain purposes. These purposes include library privilege, fair dealing, copying for examinations and copying for instructions (“What is copyright?”). The Copyright laws that are in place justly balance the interests of the copyright holders or the creators as well as the users and the public. It is such a balance that allows the survival of information and knowledge as a major component of our shared heritage (Canadian Federation of Students). Works Cited Aplin, Tanya Frances and Jennifer Davis. Intellectual Property Law: Text, Cases, and Materials. Oxford University Press, 2009. Crews, Kenneth D and Dwayne K. Buttler. Copyright law for librarians and educators: creative strategies and practical solutions, Volume 2005. 2nd ed. ALA Editions, 2006. Print. Lehman, Bruce A. Intellectual Property and the National Information Infrastructure: The Report of the Working Group on Intellectual Property Rights. DIANE Publishing, 1995. Print. McJohn, Stephen M. Copyright: examples and explanations. Aspen Publishers Online, 2006. Print. Fishman, Stephen. The copyright handbook: what every writer needs to know. 10th ed. Nolo, 2008. Print. Canadian Federation of Students. Campaign for Fair Copyright. Canadian Federation of Students, 2008. Web. 23 September 2010. Christie, Andrew and Stephen Gare. Blackstone's Statutes on Intellectual Property. 9th ed. Oxford University Press, 2008. International Federation of Library Associations and Institutions. Committee on Copyright and Other Legal Matters (CLM). International Federation of Library Associations and Institutions, 2004. Web. 23 September 2010. Pollick, Michael. What is copyright? WiseGeek, 2010. Web. 23 September 2010. What is copyright? Staffordshire University, 2010. Web. 23 September 2010. Read More