Failures of the digital millennium copyright act and its threat to fair use and innovation
Summary :
Table of Contents
- Introduction
- Signing of the Digital Millennium Copyright Act - DMCA
- Misusing of DMCA
- The primary technical problems
- Ethical problem between the DMCA and fair usage
- The primary and secondary stakeholders
- An overview of the ethical analysis
- Principle of rights
- Principle of utilitarianism
- Recommendations to solve the ethical problem
- Conclusion
- Bibliography
Abstract
In today's society, technology has improved in a very short time, allowing us to perform acts that were not previously possible, such as calling from afar on a cell phone, connecting with someone from India via the computer, or storing what would be thousands of documents into a small flash drive. Such improvements require a certain types of laws to address the appropriate role and use of this technology in society. One major area that has been a hot issue on the world wide web is the usage of easily obtainable copyrighted works (music, video, etc) on popular social sites such as YouTube, Veoh, Myspace, Facebook.
fair use is loosely defined by a certain sets of laws encompassed by the copyright act of 1976, in sections 107-118. It is this set of guidelines that allow for the usage of copyrighted works without the need for permission from the copyright owner. There are 4 general factors to consider when determining if a usage is "fair use": 1) purpose of usage (Is it for commercial or non-commercial usage?), 2) nature of the copyrighted work (how will it be used?), 3) amount used (Is it a significant portion?), and 4) the effects of how it will be used on the copyrighted work (Does it degrade or lower market value of the copyrighted work?). fair use protects the creativity and innovation that are enabled from having others sample another person's works. With today's technology, the average computer user can take a song or video clip, use a software program (such as a movie/song editor), and make something new. After all, inventions were made from using the ideas passed on from one generation to another.
fair use is loosely defined by a certain sets of laws encompassed by the copyright act of 1976, in sections 107-118. It is this set of guidelines that allow for the usage of copyrighted works without the need for permission from the copyright owner. There are 4 general factors to consider when determining if a usage is "fair use": 1) purpose of usage (Is it for commercial or non-commercial usage?), 2) nature of the copyrighted work (how will it be used?), 3) amount used (Is it a significant portion?), and 4) the effects of how it will be used on the copyrighted work (Does it degrade or lower market value of the copyrighted work?). fair use protects the creativity and innovation that are enabled from having others sample another person's works. With today's technology, the average computer user can take a song or video clip, use a software program (such as a movie/song editor), and make something new. After all, inventions were made from using the ideas passed on from one generation to another.
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