The Digital Age Has Rendered Copyright Obsolete - Essay Example

THE DIGITAL AGE HAS RENDERED COPYRIGHT OBSOLETE By Name Course Instructor Institution City/State Date The digital age has rendered copyright obsolete Introduction Currently, copyright law is arguably in an existential crisis considering that digital applications as well as broadband networks have extensively expanded access of the unlicensed copyrighted content. The dissemination of the consumers over file-sharing networks has progressively avoided the traditional copyright market segments. In spite of the fact that different forms of scare tactics have been deployed, content distributors have been unsuccessful in reversing copyright circumvention and file sharing. When authorship works exist more in electronic networks rather than in material form, when technology crucial for protecting intellectual property is tailored, and efforts for defeating it are illegalized, then copyright law will largely become obsolete. Rather than traditional copyright law, integrating criminal sanctions, contractual arrangements as well as technological restrictions can offer adequate protection to innovators and creators, especially those who disregard traditional copyright law. In the current digital age, accessing online content is permitted to individuals who have agreed to terms of use as well as conditions of payment, but still owners and authors have to negotiate for the type of access license that is desirable to the user. Digital media copyright infringement according to Doctorow (2008, p.24) has become an ever-increasing issue. Even though a number of attempts have been made with the intention of solving this problem through technological and legal measures, the solutions are yet to be satisfactory. In view of this, the essay seeks to provide critical evidence that will verify digital age has rendered copyright obsolete. Discussion As mentioned by Collins (2010, p.37), the easiness of sharing content amongst users has been steered exponentially by Web 2.0 applications. In combination with nature of the digital technologies, Collins (2010, p.37) posits that the web has swiftly turned out to be a user-created content locus, majority of which mashes up, appropriates and copies materials that are copyrighted. Allowing for engagement in the media-saturated environment has resulted in prosumerism proliferation, whereby scores of consumers have turned out to be the content producers. In the digital age, everything has changed. Production of low-priced hardware and software in addition to the potentials of Web 2.0 have nurtured a prosumer innovative generation, which integrates consumption of media with production so as to generate new content that can be disseminated online freely (Collins, 2010, p.38). For this reason, intercreativity has turned out to be more prolific. According to Doctorow (2008, p.11), copyright is perceived as a delicate balance because it offers the assignees and the content creators some rights, but at the same time it offers the public some rights. An author, for instance, cannot stop any person from transcoding his content into assistive formats for physically challenged persons. Still, the creators have no say over their works once they have been acquired legally. Apparently, copyright-related ideas have moved towards different directions, relatively because of the digitalization influence. Basically, the large cultural enterprises are seeking to control, manage and regulate the utilization of creative material to the last detail while scholars, on the other hand, are in support of Creative Commons and they advocate for the mitigation of the copyright system (Lessig, 2015, p.282; Heins & Beckles, 2005, p.8). The digital era has resulted in a consumer coup, whereby the demand for in-demand and on-demand content has increased tremendously. This shift in power has altered how people think with regard to their industry, business, as well as their viewers. Contemporary copyright laws disregard how society and law operate, and this can be proved by high prevalence of pirated materials. Arguably, copyright has turned out to be a liability to the artists that it is supposed to protect in what is termed as ‘stringent operation’. This can be proved by the strict controls within the corporate world over freedom of expression, which leads to capitalist homogeny. Still the proprietary interests of the capitalist have resulted in a number of legislations like the Trans Pacific Partnership, which have been unsuccessful in serving the public conscience that should be protected by the copyright. The copyright law according to Netanel (1996, p.285) is influenced to a large extent by technology. Since the innovative products’ technological cycles cannot be predicted easily, there is probability that the new copyright regulation value will progressively increase given that the field of copyright law is subjugated by ever-changing technology. Therefore, any recently espoused rule can be rendered obsolete or become less effective because new innovation can replace the technology or it may become out-of-date. Besides that, changes in technology normally pursue paths, which are extremely hard to envisage in advance. Such volatility makes it possible to delay the final judgment while waiting for the new technology ramifications to confidently be ascertained. Additionally, costs are incurred in lawmaking like those involved in rewriting as well as learning statutes. Organizations and companies have come up with ways of reducing piracy; one way is by collaborating with Internet websites, especially those that allow downloading of the digital files. This can be achieved by successfully monitoring the website materials in cooperation with the owners of the sites. Even though the owners may be against the infringement activities, they may be prosecuted for enabling infringement of materials, particularly if there are the infringing materials in their websites Most websites provide some free files sharing, particularly those posted by their owners; still, the majority of websites provide legal and legitimate ways of downloading copyrighted files. For this reason, some companies in the entertainment industry have made it easier to get digital goods through online platforms. Consequently, a faster Internet and the growth of authentic file sharing websites have made it easier to purchase digital files (McCardle, 2003, p.9). In consequence, people have started using these websites increasingly; thus, increasing the likelihood of CD or DVD hard copy becoming obsolete. The nature of intellectual property has been neglected by most theories while focusing on copyright. Collins (2006, p.1) explains that if someone idea is taken, the owner still has it; therefore, the nature of intellectual property cannot be considered rivalrous. The attempt to make analogies between pirating copyrighted materials as well as real property thefts have until now been unsuccessful in resonating with people (Collins, 2006, p.3). Efforts to control intellectual mediums have forced some entities focus on the legal system with the anticipation of restoring what the lost rights between the public as well as the intellectual property owners. Basically, copyright has resulted in complication of law, which has consequently, created hindrance to distribution of intangible property. As argued by Netanel (1996, p.305), copyright cannot be rendered obsolete, because it daily enforces a connection of unnecessary as well as complicated contractual relationships for all forms of purchases. Still, copyright laws in the contemporary society are neglecting how people operate, how laws are made, and how people evade such laws. The public domain is defended by pirates from the corporate control and they also coerce government as well as big business to give people what they want. The public choose the mediums they desire to use while engaging with popular culture leaving the industry without choice; for instance, the rate of piracy in Australia is exceedingly high as evidenced by increased piracy of popular television series. This has forced many content owners to pursue their own interests with no consideration to the existing law. Content owners are trying to make their materials more accessible to the public, which is considered a feasible alternative measure bearing in mind that the police and judiciary have been hesitant to crackdown internet piracy. Websites owners are hardly held responsible for piracy actions carried out by its users. Even though enforcement mechanisms are in place, it is hard to prosecute. Acknowledging that copyright system has failed to offer the needed symbolic protection to the owners of copyrighted materials, it proves that copyright laws have become obsolete because it cannot offer protection. Apart from being obsolete, copyright laws have neglected how people in the society operate and have been unsuccessful in stopping piracy of copyrighted work. Copyright's public access accommodation with private ownership is at risk of being upended by the digital technology (Netanel, 1996, p.285). When a creative content is uploaded online, it can easily be made into many digital copies as well as immeasurable digital variations and may be distributed through electronic means to different parts of the world. When this content is widespread and unauthorized it may drastically weaken the traditional copyright markets. Still, digital technology simultaneously offers owners of copyright with a technical way of limiting uses of and access to, digitized work as compared to hard copy and analog world. Deploying such technological fences can increase the threat of reducing the owner’s control over copyrighted material. Owing to the destabilizing potential of digital technology, a bitter battle has ensued in the courts, Internet discussion groups, the Congress as well as different international forums with regard to the scope and purpose of copyright bearing in mind that we are in the digital age. The free culture movement proponents hold the view that modern copyright laws are negatively affecting freedoms of creators and consumers in utilization of copyrighted materials. The conflict between free speech and copyright is prevalent both in emerging electronic media as well as traditional media (Netanel, 2008, p.8). Still, a new dimension is added by digital technology. In the current digital age, people are armed with the internet, computers, and digital devices; therefore, it has become easier to edit parts of existing video games, movies, sound recordings and so as to generate new works with the intention of distributing them across the globe. This has resulted in new art forms: fan videos, mashups, remixes, and more. Furthermore, it has brought about a bitter debate concerning the place of copyright in the current digital age. The debate is between people against the ‘digital piracy’’ and those who progressively see copyright as a worthless and undue impingement on their expressive autonomy and liberty. In the digital age, it has become easy to access as well as exploit copyrighted works to a level that surpasses other technologies that allow information to be reproduced and disseminated. Pirates are still supplying the society with new styles and sounds; thus, creating innovation, creativity as well as revenue. While pirates are going digital, sounds across the globe are all over the Internet, which in consequence, has drawn global audiences; thus, creating interest in new scenes and genres. In a nutshell, the digital era has enabled people to transmit, manipulate, and store information in manner that significantly surpasses the traditional techniques of data replication, storage as well as dissemination. Furthermore, digitization has enabled people to record every type of data in binary format; thus, allowing recording of all copyrighted works in a universal format. Besides that, data compression methods have prolonged people ability to data storage to even smaller areas. For instance, a CD can digitally store a lot of pictures and sounds. Moreover, digital technology facilitates data manipulation and through file sharing copyright has been rendered obsolete. After digitalization of copyrighted works, people through software programs can easily modify as well as isolate any feature of the work they want to manipulate. For instance, when an image is captured through digital camera and after its digitalization, various shapes, contrasts, or colors may be selected to modify the image. Moreover, digitization has enabled people to modify data devoid of corrupting it. In the current digital age, data transmission is no more limited to broadcasting or telephone communication since communications networking facilities facilitates data transmission from anyone to anywhere. In the digital age, the number of work copies of transmitted electronically is not limited by physical limits and there exists no ceiling exists with regard to the number of recipients or destination. All these have made copyright to become out-of-date. These days everyone is celebrating the ability of Web 2.0 because it enables them to broadcast anything they desire. According to Mason (2009, p.48), Web 2.0 is associated with the pirate mentality. Nowadays, only Internet connection is needed for a person to broadcast to the whole world. Therefore, persons with the mentality of pirates are utilizing the Web to become fortune-tellers, comics, journalists, porn stars, producers and more other things. In view of this, it is somewhat conceivable that the pirates will one day conquer the media. Therefore, copyright has turned out to be a heavy burden on the creators because it has brought about historical scholarship, church opposition, artistic expression, cultural critique as well as quotidian entertainment. In the digital age, Digital Rights Management (DRM) technology evolution continues to play a crucial role intellectual property rights enforcement. DRM can be defined as an integration of legal as well as technical protection measures, normally utilized in the digital copyright. Essentially, DRM is intended for regulating and controlling digital content (Smiers & Schijndel, 2009, p.34). In the past, DRM technology was utilized in regulating how content associated with the protection of intellectual property rights was used. However, the latest forms of DRM aim to control how this content is accessed. Doctorow (2008, p.156) asserts that the DRM currently more draconian and complex, considering that copyright can still be violated through the internet. A number of DRM critics argue that DRM technologies can no longer protect the intellectual property since it crosses the line wherein it conflicts with the existing principles within the intellectual property law field. Therefore, all the DRM systems re vulnerable because they offer the attackers the key, the cipher, and ciphertext; thus, exposing the secret. Evolution of DRM technologies and their utilization is a key feature, which will shape the digital copyright law future. Conclusion In conclusion, the essay has provided critical evidence that have verified digital age has rendered copyright obsolete. As argued above the digital age has made copyright obsolete because copyright tries to restrain free speech as well as democracy through social commentary dictation in the attempt to maintain the looked-for corporate images and monopolies. In the digital age, as mentioned in the essay, the society property conceptions can no longer reflect society, and the nature of intellectual property has been neglected. Basically, digital controls have failed to prevent copyright, and act as a hindrance to artists desiring to manage and control their own work. In view of this, copyright has turned out to be a burden, starting complex contractual responsibilities between the most ordinary legal conditions and relationships. Even though the technological as well as contractual self-help approaches can offer the rights holder adequate protection, such techniques will fail to permit the effective utilization of the earlier works for the multimedia creator. Still, enforcement of copyright has always been, flawed. Lately, advancements in technology, like peer-to-peer networks and file sharing technology have exhibited the practical limitations of the copyright law enforcement. Copyright protection is still important since without it, uncontrolled competition from pirates who can easily copy as well as distribute copyrighted works devoid of purchasing the copyright royalties will reduce the profits earned by the owners and creators of the work. References Collins, S., 2006. “Property Talk” and the Revival of Blackstonian Copyright. M/C Journal, vol. 9, no. 4, pp.1-5. Collins, S., 2010. Digital Fair Prosumption and the fair use defence. Journal of Consumer Culture, vol. 10, no. 1, pp.37–55. Doctorow, C., 2008. Content: Selected Essays on Technology, Creativity, Copyright, and the Future of the Future. San Francisco, CA: Tachyon Publications. Heins, M. & Beckles, T., 2005. WILL FAIR USE SURVIVE? Free Expression in the Age of Copyright Control. Public Policy Report. New York: The Brennan Center for Justice. Lessig, L., 2015. Free Culture. Morrisville, North Carolina : Lulu.com. Mason, M., 2009. The Tao of Pirates Sea Forts, Patent Trolls, and Why We Need Piracy. In The Pirate's Dilemma: How Youth Culture Is Reinventing Capitalism. Simon and Schuster. p.London. McCardle, M., 2003. Fan Fiction, Fandom and Fanfare: What's All the Fuss? B.U.L.L SCI. & Tech. L, vol. 9, no. 2, pp.1-37. Netanel, N.W., 1996. Copyright and a Democratic Civil Society. 283-387, vol. 106, no. 2, p.The Yale Law Journal. Netanel, N.W., 2008. Introduction : A “Largely Ignored Paradox”. In Copyrights Paradox. Oxford: Oxford University Press. pp.2-12. Smiers, J. & Schijndel, M.v., 2009. Imagine There Is No Copy- Right and No Cultural Con- Glomorates Too / an Essay. Amsterdam: Institute of Network Cultures. Read More

Allowing for engagement in the media-saturated environment has resulted in prosumerism proliferation, whereby scores of consumers have turned out to be the content producers. In the digital age, everything has changed. Production of low-priced hardware and software in addition to the potentials of Web 2.0 have nurtured a prosumer innovative generation, which integrates consumption of media with production so as to generate new content that can be disseminated online freely (Collins, 2010, p.38).

For this reason, intercreativity has turned out to be more prolific. According to Doctorow (2008, p.11), copyright is perceived as a delicate balance because it offers the assignees and the content creators some rights, but at the same time it offers the public some rights. An author, for instance, cannot stop any person from transcoding his content into assistive formats for physically challenged persons. Still, the creators have no say over their works once they have been acquired legally. Apparently, copyright-related ideas have moved towards different directions, relatively because of the digitalization influence.

Basically, the large cultural enterprises are seeking to control, manage and regulate the utilization of creative material to the last detail while scholars, on the other hand, are in support of Creative Commons and they advocate for the mitigation of the copyright system (Lessig, 2015, p.282; Heins & Beckles, 2005, p.8). The digital era has resulted in a consumer coup, whereby the demand for in-demand and on-demand content has increased tremendously. This shift in power has altered how people think with regard to their industry, business, as well as their viewers.

Contemporary copyright laws disregard how society and law operate, and this can be proved by high prevalence of pirated materials. Arguably, copyright has turned out to be a liability to the artists that it is supposed to protect in what is termed as ‘stringent operation’. This can be proved by the strict controls within the corporate world over freedom of expression, which leads to capitalist homogeny. Still the proprietary interests of the capitalist have resulted in a number of legislations like the Trans Pacific Partnership, which have been unsuccessful in serving the public conscience that should be protected by the copyright.

The copyright law according to Netanel (1996, p.285) is influenced to a large extent by technology. Since the innovative products’ technological cycles cannot be predicted easily, there is probability that the new copyright regulation value will progressively increase given that the field of copyright law is subjugated by ever-changing technology. Therefore, any recently espoused rule can be rendered obsolete or become less effective because new innovation can replace the technology or it may become out-of-date.

Besides that, changes in technology normally pursue paths, which are extremely hard to envisage in advance. Such volatility makes it possible to delay the final judgment while waiting for the new technology ramifications to confidently be ascertained. Additionally, costs are incurred in lawmaking like those involved in rewriting as well as learning statutes. Organizations and companies have come up with ways of reducing piracy; one way is by collaborating with Internet websites, especially those that allow downloading of the digital files.

This can be achieved by successfully monitoring the website materials in cooperation with the owners of the sites. Even though the owners may be against the infringement activities, they may be prosecuted for enabling infringement of materials, particularly if there are the infringing materials in their websites Most websites provide some free files sharing, particularly those posted by their owners; still, the majority of websites provide legal and legitimate ways of downloading copyrighted files.

For this reason, some companies in the entertainment industry have made it easier to get digital goods through online platforms.

Read More