Challenges Imposed by the Digital Environment for the Protection of Copyright - Essay Example

Copyright Law Has Traditionally Sought To Achieve A Balance Between The Rights Of Copyright Owners And The Users Of Copyright Works. This However Is Proving To Be Increasingly Difficult, Especially In The Context Of The Digital Environment Table of Contents Table of Contents 2 Introduction 3 Overview of the Copyright Law 3 Challenges Imposed By the Digital Environment for the Protection of Copyright 4 Effects on Balancing the Owner’s Right and User’s Right with the Copyright Law 5 Conclusion 8 References 10 Introduction Copyright is a right that provides protection to the work which might be written, printed or automated along with publications, recorded sounds, films and broadcasts. Copyright is considered as one of the most creative intellectual property rights. It is a system of legal protection that permits the owner to enforce special rights on the publication done by him for a definite time period. In the present day context, protection of digital publications has been a major issue. There are several legal, economic and technological issues. It has been observed that copyright has always been an issue in relation to the digital libraries as the legislation of copyright in the context of the United Kingdom was not developed in view of the digital environment. Accessibility of digital information in libraries involves copying which is rarely seen with more material of traditional library. It has been viewed that digital media has a life expectancy that is relatively shorter. In the present era, the main risk emanates from changes in coding, hardware, software, operating systems and formats that can render unreadable digital material. The problem has risen due to the composite nature of digital information (UK Copyright Service, 2013; Muir, 2003). Consequently, the study intends to describe how the copyright law has traditionally tried to balance copyright owner’s rights and the rights of the users. It also covers how the copyright law has been facing problems in context of digital environment Overview of the Copyright Law Copyright law’s main objective is to provide protection to the expressed idea but not the idea itself. These expressions include artistic work that might be written, recorded or pictured. Copyright Designs and Patents Act (CDPA) 1988 is a regulatory body for copyright in the United Kingdom (UK). According to the CDPA, if the work done by an individual is original in nature then it can be protected. The work done must involve some determination and should not be copied from anyone’s work. As per the rules of CDPA, the actual owner of the copyright is the one who does the actual work. Nevertheless, there is an exception to this ownership, wherein if an employee creates a work during his employment then in this situation the employer would be the first owner. Generally, the literary works are protected with copyright for seventy years after the demise of an owner. The owner of the copyright has the right to take legal action in contrast to the person who tries to copy the work done without the consent of the owner. In the present scenario, the most general breach of copyright content is done through unauthorised copying. The violation of copyright law occurs when a large part of the work done by the owner is copied. Even though there are various laws that have been imposed but it has been observed that the copyright contents related to music, publication and other database have still been copied (Pinsent Masons, 2005). Challenges Imposed By the Digital Environment for the Protection of Copyright In the contemporary world, it has been recognised that the regulatory aspect of the copyright rule is no longer applied in the digital environment wherein there is no restriction provided to the infringement of copyright contents. The nature of copyright contents has completely been changed due to the digital environment. Due to the digitisation process, the violators of copyright law have been more than independent to use the copyright contents as required because they usually ignore the rules of copyright. Moreover, it has been observed that frequently people have been using various online portals to download music, movies, games and other modes of entertainment without even paying the royalty to the owners or the creators of the work (Hargreaves, 2011).This aspect has been very problematic for the owners of the copyright but there has been no amendment of the copyright law in relation to the copyright content. In addition, it can be ascertained that this problem poses a major threat to the owner of the copyright. The person who has already used online portals to download the work done by the copyright owner thus becomes a prospective supplier of the work done, wherein the content can easily be shared, duplicated and supplied to end number of people who so ever desires to use the copyright content. Therefore, the copyright owner gets excluded to enjoy the royalty of the work done as the users who possess the work done can supply the work to any person who uses it as per their requirement (Torsen & Anderson, 2010). Digital technologies have been the main reason for eradicating the self-regulatory aspect of the copyright regime by damaging of the connection that has been built between the work done i.e. the copyright content and the physical manifestation which has been transformed to a public good through the use of digital technologies. Thus, it has been quite challenging to prevent the infringement of the copyright work with the advent of the digital environment (Leaffer, 2001). Contextually, due to this discrepancy, there has been an escalation in the piracy of the digital works in the contemporary world. Although, the copyright law provides restriction for supplying or reproducing a digital work but the copyright content can be extracted very easily through the medium of online portals which has been established to copy and circulate the copyright content across the world. The infringement of copyright has actually been favoured by these online portals who have established various mediums to restrict the barrier imposed by the copyright regime. There has been an emergence of increased number of piracy because of the essential characteristics of the digital works. However, there has been some kind of reformation in the legislative rules that has been implemented to reinstate the self-regulatory aspect of the copyright law in the digital environment (Filippi, 2012; Brown & Bohm, n.d.). Effects on Balancing the Owner’s Right and User’s Right with the Copyright Law In the present scenario, digital environment has been challenging the copyright law and has jeopardised the rights of the owners in relation to the work done by them. Moreover, there has been an increased challenge in balancing the rights of the owner with that of the users. Firstly, it is very important to understand the concept of balance in the context of copyright. The concept of balance refers to bringing a balance between owner requirements and the interest of the users. This balance can be achieved through amending the copyright law by considering the effects of digital environment on the protection of these laws (Crown Copyright, 2012). According to the Trade Related Aspects of Intellectual Property Rights (TRIPS) under Article 7, “The  protection  and  enforcement  of  intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual  advantage  of  producers  and  users of technological knowledge and in a manner conducive to social and economic welfare, and to a  balance of rights and obligations” (Mandic, 2011). While accepting the technological advancements, deployment of balance in relation to the copyright regime was taken into consideration in order to create a balance between the copyright regimes rights and obligations. In relation to the exception of the Copyright Act which also includes fair dealing, it is considered as the right of the user (British Copyright Council, 2013). Therefore, it has been viewed that the copyright law of the UK has taken a step for transformation that constructs right for both the users and the owners of the copyright content. However, there has been a continuous amendment in the copyright law but still it has been observed that these laws have not met the expectations of both the parties. According to a research done by Mandic, it is determined that The Copyright Directive 2001 under recital 31 endeavours to establish a fair balance related to rights along with interests amid the dissimilar groups of rightholders. Besides, it aims at safeguarding the interest of actual owner of the content (Mandic, 2011). Moreover, in order to keep pace with the information society, there are certain limitations or exceptions in the copyright rule to protect the interest of the users. These exceptions are the only mechanisms that protect the interest of the public and facilitate them to use the intellectual works. In addition, it has been revealed that the initiatives of various institutions have increased in the recent times that consider the idea of establishing a relationship and bringing a balance in the digital environment by using the only mechanism available that entails exceptions to the rights of the owners. According to Mandic’s research, “the exceptions to these rights create a balanced system that allow for the use of creative works to support innovation, creation, competition and the public interest. Well‐crafted exceptions can serve both goals: preserving rewards and incentives for creators while also encouraging innovative reuses that benefit the public” (Mandic, 2011). Furthermore, it can be ascertained that in order to create a balance between the owner and the user, there are some mechanisms that have been built which entail limitations and exceptions. Despite the fact that it has been viewed that the copyright regime is already embedded with the principle of balancing the right of the owner and the interest of the public but due to the technological advancement or the existence of the digital environment it has been quite challenging to create a balance between both the parties (Harper, 1994). The government of the UK has taken the initiative of introducing the fair usage system that has been the main aspect for balancing the rights of the owners and the users. This system has provided major contribution for the owners to exercise their exclusive rights and the users to freely access the copyright content. At the initial stage, the main objective of copyright was to provide protection to the printed and published items for a period of fourteen years. Though technological changes have altered the entire idea of copyright but as the times goes on the balance between the owners and the users has substantially reduced due to the use of various online portals and other mediums in the digital environment. Due to the introduction of the digital world, the balance in the copyright has not been met properly. Thus, it is highly recommended that the UK government should take the initiative of clarifying the law related to copyright regime and the principle of library privilege and fair dealing should apply to analogue material as well as digital material. Moreover, the society that engulfs creativity, democracy and innovativeness should ensure that there is a balance created between the owner and user (Harper, 1994). The impact of the digital environment has made it quite easier for the users in accessing the copyright content. Under the copyright law of the UK, there are numerous depositories for copyright that have the right to claim a free copy of every published work which is termed as legal deposit. The reformation of copyright law has been a major requirement as there has been damage in the balance wherein the right holders have been getting the most benefits. Therefore, it is considered that the regulatory system should preserve those rights and rebuild a new balance wherein the legal access to the digitalised contents, research and innovation would be stimulated (Eblida, 2013; Arrowsmith & et. al., 2011). Conclusion Thus, it can be concluded that the copyright regime is a system that provides legal security to the owner of the copyright content. They enjoy the rights to impose legal actions on the users who have tried to imitate the copyright devoid of the consent of the owner. This right is provided to the owners for a certain period of time. However, it has been ascertained that in the present day era, there is a lot of violation being practiced by the users through various online portals. Moreover, the rules of copyright have not been followed due to the existence of the digital environment and there has been a wide range of breach in relation to the copyright contents. The rate of privacy has increased wherein once the users download the copyright contents, they become the suppliers of the copyright content and share it among people without even giving royalty to the owner of the work done. In the contemporary world, the major threat posed by the digital environment is that it has exposed the owners’ rights, which has been problematic to balance the owners’ rights with that of the users. However, this balance can be attained through the amendment of the copyright regime by taking into account the impact induced by the digital environment on the copyright laws. In addition, there has been a creation of various mechanisms that entail exceptions and limitations to rebuild the balance between the owner’s right and the interest of the public. Contextually, the UK government has taken the responsibility to initiate the fair usage system in order to create a balance amid the owners’ rights and the interest of the users. This system has provided the opportunity to the users to practice their rights and facilitated the users to access the work done by the owners quite freely. The significance of copyright law has proliferated in the digital environment wherein the violators of the copyright have drawn on new avenues to execute their grave endeavours. Consequently, it can be ascertained that the copyright law should be amended in such a way that it provides equal benefits to both the users and the owners and the balance between them should be appropriately instigated. References Arrowsmith, S. & et. al., 2011. 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