Philosophy of copyright
Encyclopedia
The philosophy of copyright might be said to include several philosophical issues which are fundamentally linked to copyright
policy
, and other jurisprudential
problems that arise in legal systems' interpretation and application of copyright law.
Probably the most profound and widely debated philosophical issue amongst scholars of copyright law, is its purpose. Some take the approach of looking for coherent justifications of established copyright systems, while others start with general ethical theories, such as utilitarianism
and try to analyse policy through that lens. Another approach denies the meaningfulness of any ethical justification for existing copyright law, viewing it simply as a result (and perhaps an undesirable result) of political processes.
Another widely debated issue is the relationship between copyrights and other forms of "intellectual property
", and material property. Most scholars of copyright agree that it can be called a kind of property
, because it involves the exclusion
of others from something. But there is disagreement about the extent to which that fact should allow the transportation of other beliefs and intuitions about material possessions.
There are many other philosophical
questions which arise in the jurisprudence of copyright. They include such problems as determining when one work is "derived" from another, or deciding when information has been placed in a "tangible" or "material" form.
or ethical theories that might naively be regarded as tests for copyright law to pass are often called `justifications' of it. Justifications for copyright can generally be approximated into two groups: deontological or consequentialist. Deontological justifications for copyright seek to justify copyright as a matter of rights or duty, they seek to assert a justification for copyright (or intellectual property more generally) on the basis that it is morally correct to do so. Contrariwise, consequentialist theories of copyright seek to justify or criticise copyright protection based on the consequences of that protection, by asserting or providing evidence that the protection of copyright produces some desirable effect. Examples of such theories include incentives theories that view intellectual property as a necessary way of incentivising the creation of new creative works.
are linked to the logic of property
. John Locke
is often cited as an authority, although it is not clear that Locke actually viewed copyright as a natural right. Personality rights
are the basis of German copyright law. This position regards copyrightable works to be extensions of the author's personality. The author is given certain powers to control those works on account of his or her connection to them.
and patents, various types of intangible assets would be under-produced, because there would be no clear incentive for commercial organisations to produce them. In this respect the objective of copyright law is primarily to balance the public benefits that can arise from the widespread circulation, use and reuse of a copyright work with the need to provide protection, incentive and reward to the creator or owner of the copyright by granting a limited monopoly to exploit the copyright to that body or individual.
, which defines the `best' situations to be those in which people are in total as happy or fulfilled as possible.
A related class of theories is called instrumentalism
; it holds that copyright law must exist for clear, coherent and necessary purposes, without being so strict as to require that it maximise some kind of `goodness' in its outcome.
Some copyright scholars believe that, regardless of contemporary advances in technology, copyright remains the fundamental way by which authors, sculptors, artists, musicians and others can fund the creation of new works, and that without a significant period of legal protection of their future income, many valuable books and artworks would not be created. They argue that the public interest is best served by repeated extension of copyright terms to encompass multiple generations beyond the copyright holder's life, as this increases the present value of the copyright, encouraging the creation for new works and making additional investments in older works (for example, the restoration of old movies) economically viable.
Authors' heirs continue to profit if copyrights are enforced post-death and this provides a substantial incentive for continued fresh work even as authors age.
The modern, market-driven copyright system provides authors with independent financing (through royalties). Without a feasible way to recoup investments of creative time through copyright, there would be little economic incentive to produce and works would need to be motivated by a desire for fame from already affluent authors or those able to obtain patronage (with associated constraints on independence). Proponents of copyright dispute that copyright erodes precepts for creators to be able to build on published expression pointing to concepts such as Scènes à faire
and Idea-expression divide
. Copyright only protects the artist's expression of his/her work and not the ideas, systems, or factual information conveyed in it and thus artists are free to get ideas from copyrighted works.
Defenders of the present system of strong copyrights argue that it has been largely successful in financing the creation and distribution of a wide variety of works, especially those requiring significant labor and capital. Moderate scholars seem to support that view while recognizing the need for exceptions and limitations, such as the fair use
doctrine. Notably, a substantial portion of the current U.S. Copyright Act (sections 107-120) is devoted to such exceptions and limitations.
Article One
of the United States Constitution
authorizes Congress
to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".
Many authors thought that this wording would actually require U.S. copyright laws to serve the purpose of `promoting the progress of science and useful arts'.
In the US in 2003 controversial changes implemented by the Sonny Bono Copyright Term Extension Act extending the length of copyright under U.S. copyright law by 20 years were challenged in the United States Supreme Court. However, the Court, in the case called Eldred v. Ashcroft
, held, inter alia, that in placing existing and future copyrights in parity in the CTEA, Congress acted within its authority and did not transgress Constitutional limitations. Other jurisdictions have enacted legislation to provide for similar extensions of the copyright term.
Critics of copyright as a whole fall broadly into two categories: Those who assert that the very concept of copyright has never been of net benefit to society, and has always served simply to enrich a few at the expense of creativity; and those who assert that the existing copyright regime must be reformed to maintain its relevance in the new Information society
. The French droit d'auteur
("Rights of the Author"), which influenced the 1886 Berne Convention for the Protection of Literary and Artistic Works
, must also be noted as a significant alternative to the usual Anglo-Saxon concept of copyright.
Among the latter group, there are also some who continue to agree with copyright as a way to grant authors rights, but feel that it "outlives its welcome" by granting copyright for too long (e.g., far beyond the lifetime of the author), and is therefore of little direct benefit to him or her. The prolongation of copyright term is commonly attributed to effective corporate lobbying
, based on a desire for the continuance of a profitable monopoly. In the US, this is often phrased as a conspiracy to 'control the Mouse' (meaning Mickey Mouse
, a trademarked character controlled by the Disney Company whose early works would have moved into the public domain save for such an extension).
To many critics, the general problem is that the current (international) copyright system undermines its own goal. The concepts of the public domain
and the intrinsic freedom of information are necessary precepts for creators to be able to build on published expression. But these are gradually being eroded, as copyright terms are repeatedly extended to last beyond the lifetime of the audience which experienced and knows of the original work.
Another effect of the repeated extension of copyright term is that current authors are shielded from competition from a wide public domain: by the time current works enter the public domain, they will have almost always have become obsolete. This reduces the risk of commoditisation of topical non-fiction. Out-of-copyright publishing, such as classic literature where margins are very low, generally offers only the best of each genre.
Opposition to current copyright practice also relates to the non-observance of the principal requirement of the original Queen Anne Act, which specified that for a work to obtain copyright a copy had to be deposited in a library of record, so that unlimited copies could be made when the copyright expired. This was observed for many years but was successfully opposed by the motion picture industry, which refused to provide copies of their films, resulting in the loss of many early films. Civilizatiion experiences a similar loss of ancient documents held in private collections until they rot.
The recent success of free software
projects such as GNU/Linux
, Mozilla Firefox
, and the Apache web server has demonstrated that quality works can be created even in the absence of a copyright-enforced monopoly rent. Instead, these products use copyright to enforce their license terms, which are designed to ensure the free nature of the work, rather than securing exclusive rights for the holder for monetary gain; such a license is called a copyleft
, free software license, or open source
license.
Even in more traditional forms such as prose, some authors, such as Cory Doctorow
, retain the copyright to their work but license it for free distribution (for example under a Creative Commons licenses
). This has the benefit of providing a structured scheme under which authors can loosen some of the barriers that copyright imposes on others, allowing them to partially contribute the work to the community (in the form of giving a general grant on copying, reproduction, use or adaptation subject to certain conditions) while retaining other exclusive rights they hold in it.
Copyright can also be used to stifle political criticism. For example, in the US the contents of talk shows and similar programs are covered by copyright. Robert Greenwald
, a director of Uncovered: The Whole Truth About the Iraq War documentary was refused the right to use a clip of a George W. Bush
interview from NBC
's Meet the Press. Although the fair use provisions of statute and common law may apply in such cases, the risks of loss in court should there be a lawsuit and pressure from insurance companies, who regard use of almost anything (e.g., three words forming the opening of a song,) without permission as too risky, usually precludes use of materials without explicit permission, and so without a license fee.
Copyright is also conceived by some to be an artificial barrier in that "expressions" could be freely exchanged between individuals and groups if there were no copyright or other legal restrictions preventing. Such people believe that as the state
does not necessarily possess the moral authority to enact copyright laws, individuals may vary in their observation of such laws. Others disagree, believing that the copyright system, arising from provisions in the U.S. Constitution, has made and continues to make a valuable even essential contribution to the creation and dissemination of works. They also point out the social dangers inherent in the view that each individual is entitled to judge the "moral authority" of laws and to observe them or not according to individual judgments.
, blame the ease of copying for their decreasing profits. Other alternatives, such as poor product content and excessive license charges have been suggested as alternative explanations.
Public interest
groups, major corporations and the like, are entering the public education system to teach the curriculum from their perspectives. The lobbying group for the MPAA provide a curriculum entitled What's the Diff? taught by a group of volunteers called Junior Achievement. The Business Software Alliance
also has their own curriculum program called Play it Cybersafe, which is distributed to school children through a magazine called The Weekly Reader. There seems to be a general consensus amongst assorted interests in the USA that there needs to be some curriculum materials for school-aged children about copyright issues. The American Librarian Association released their own curriculum for librarians that was distributed in the winter of 2004.
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
policy
Policy
A policy is typically described as a principle or rule to guide decisions and achieve rational outcome. The term is not normally used to denote what is actually done, this is normally referred to as either procedure or protocol...
, and other jurisprudential
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
problems that arise in legal systems' interpretation and application of copyright law.
Probably the most profound and widely debated philosophical issue amongst scholars of copyright law, is its purpose. Some take the approach of looking for coherent justifications of established copyright systems, while others start with general ethical theories, such as utilitarianism
Utilitarianism
Utilitarianism is an ethical theory holding that the proper course of action is the one that maximizes the overall "happiness", by whatever means necessary. It is thus a form of consequentialism, meaning that the moral worth of an action is determined only by its resulting outcome, and that one can...
and try to analyse policy through that lens. Another approach denies the meaningfulness of any ethical justification for existing copyright law, viewing it simply as a result (and perhaps an undesirable result) of political processes.
Another widely debated issue is the relationship between copyrights and other forms of "intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
", and material property. Most scholars of copyright agree that it can be called a kind of property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
, because it involves the exclusion
Exclusive right
In Anglo-Saxon law, an exclusive right is a de facto, non-tangible prerogative existing in law to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. A "prerogative" is in effect an exclusive right...
of others from something. But there is disagreement about the extent to which that fact should allow the transportation of other beliefs and intuitions about material possessions.
There are many other philosophical
Philosophy
Philosophy is the study of general and fundamental problems, such as those connected with existence, knowledge, values, reason, mind, and language. Philosophy is distinguished from other ways of addressing such problems by its critical, generally systematic approach and its reliance on rational...
questions which arise in the jurisprudence of copyright. They include such problems as determining when one work is "derived" from another, or deciding when information has been placed in a "tangible" or "material" form.
Justifications for copyright
Legal scholars often approach copyright in search of a coherent ethical justification for its existence and character. This approach may seem to be backwards—it might make more sense to start with an objective and then examine the law against it—but it is widely practised. Thus, the normativeNorm (philosophy)
Norms are concepts of practical import, oriented to effecting an action, rather than conceptual abstractions that describe, explain, and express. Normative sentences imply “ought-to” types of statements and assertions, in distinction to sentences that provide “is” types of statements and assertions...
or ethical theories that might naively be regarded as tests for copyright law to pass are often called `justifications' of it. Justifications for copyright can generally be approximated into two groups: deontological or consequentialist. Deontological justifications for copyright seek to justify copyright as a matter of rights or duty, they seek to assert a justification for copyright (or intellectual property more generally) on the basis that it is morally correct to do so. Contrariwise, consequentialist theories of copyright seek to justify or criticise copyright protection based on the consequences of that protection, by asserting or providing evidence that the protection of copyright produces some desirable effect. Examples of such theories include incentives theories that view intellectual property as a necessary way of incentivising the creation of new creative works.
Natural rights
Natural rightsNatural rights
Natural and legal rights are two types of rights theoretically distinct according to philosophers and political scientists. Natural rights are rights not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable...
are linked to the logic of property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
. John Locke
John Locke
John Locke FRS , widely known as the Father of Liberalism, was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social...
is often cited as an authority, although it is not clear that Locke actually viewed copyright as a natural right. Personality rights
Personality rights
"Personality rights" is a common or casual reference to the proper term of art "Right of Publicity". The Right of Publicity can be defined simply as the right of an individual to control the commercial use of his or her name, image, likeness or other unequivocal aspects of one's identity...
are the basis of German copyright law. This position regards copyrightable works to be extensions of the author's personality. The author is given certain powers to control those works on account of his or her connection to them.
Economics
Economists recognise that, in the absence of intellectual property protections such as copyrightCopyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
and patents, various types of intangible assets would be under-produced, because there would be no clear incentive for commercial organisations to produce them. In this respect the objective of copyright law is primarily to balance the public benefits that can arise from the widespread circulation, use and reuse of a copyright work with the need to provide protection, incentive and reward to the creator or owner of the copyright by granting a limited monopoly to exploit the copyright to that body or individual.
Consequentialist theories
Consequentialist theories of copyright hold that we should have the laws that will produce the `best' results for society. The most common consequentialist position is utilitarianismUtilitarianism
Utilitarianism is an ethical theory holding that the proper course of action is the one that maximizes the overall "happiness", by whatever means necessary. It is thus a form of consequentialism, meaning that the moral worth of an action is determined only by its resulting outcome, and that one can...
, which defines the `best' situations to be those in which people are in total as happy or fulfilled as possible.
A related class of theories is called instrumentalism
Instrumentalism
In the philosophy of science, instrumentalism is the view that a scientific theory is a useful instrument in understanding the world. A concept or theory should be evaluated by how effectively it explains and predicts phenomena, as opposed to how accurately it describes objective...
; it holds that copyright law must exist for clear, coherent and necessary purposes, without being so strict as to require that it maximise some kind of `goodness' in its outcome.
Some copyright scholars believe that, regardless of contemporary advances in technology, copyright remains the fundamental way by which authors, sculptors, artists, musicians and others can fund the creation of new works, and that without a significant period of legal protection of their future income, many valuable books and artworks would not be created. They argue that the public interest is best served by repeated extension of copyright terms to encompass multiple generations beyond the copyright holder's life, as this increases the present value of the copyright, encouraging the creation for new works and making additional investments in older works (for example, the restoration of old movies) economically viable.
Authors' heirs continue to profit if copyrights are enforced post-death and this provides a substantial incentive for continued fresh work even as authors age.
The modern, market-driven copyright system provides authors with independent financing (through royalties). Without a feasible way to recoup investments of creative time through copyright, there would be little economic incentive to produce and works would need to be motivated by a desire for fame from already affluent authors or those able to obtain patronage (with associated constraints on independence). Proponents of copyright dispute that copyright erodes precepts for creators to be able to build on published expression pointing to concepts such as Scènes à faire
Scenes à faire
Scène à faire is a scene in a book or film which is almost obligatory for a genre of its type. In the U.S...
and Idea-expression divide
Idea-expression divide
The idea–expression divide or idea–expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.The case of Baker v. Selden was the first U.S...
. Copyright only protects the artist's expression of his/her work and not the ideas, systems, or factual information conveyed in it and thus artists are free to get ideas from copyrighted works.
Defenders of the present system of strong copyrights argue that it has been largely successful in financing the creation and distribution of a wide variety of works, especially those requiring significant labor and capital. Moderate scholars seem to support that view while recognizing the need for exceptions and limitations, such as the fair use
Fair use
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...
doctrine. Notably, a substantial portion of the current U.S. Copyright Act (sections 107-120) is devoted to such exceptions and limitations.
Consequentialism in the United States
Consequentialism or instrumentalism is the legal foundation of copyright law in the United States.Article One
Article One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
authorizes Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".
Many authors thought that this wording would actually require U.S. copyright laws to serve the purpose of `promoting the progress of science and useful arts'.
In the US in 2003 controversial changes implemented by the Sonny Bono Copyright Term Extension Act extending the length of copyright under U.S. copyright law by 20 years were challenged in the United States Supreme Court. However, the Court, in the case called Eldred v. Ashcroft
Eldred v. Ashcroft
Eldred v. Ashcroft, was a court case in the United States challenging the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act...
, held, inter alia, that in placing existing and future copyrights in parity in the CTEA, Congress acted within its authority and did not transgress Constitutional limitations. Other jurisdictions have enacted legislation to provide for similar extensions of the copyright term.
Opposition to copyright
Information society
The aim of the information society is to gain competitive advantage internationally through using IT in a creative and productive way. An information society is a society in which the creation, distribution, diffusion, use, integration and manipulation of information is a significant economic,...
. The French droit d'auteur
French copyright law
The droit d'auteur developed in the 18th century at the same time as copyright developed in the United Kingdom. Based on the "right of the author" instead of on "copyright", its philosophy and terminology are different from those used in copyright law in common law jurisdictions...
("Rights of the Author"), which influenced the 1886 Berne Convention for the Protection of Literary and Artistic Works
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
, must also be noted as a significant alternative to the usual Anglo-Saxon concept of copyright.
Among the latter group, there are also some who continue to agree with copyright as a way to grant authors rights, but feel that it "outlives its welcome" by granting copyright for too long (e.g., far beyond the lifetime of the author), and is therefore of little direct benefit to him or her. The prolongation of copyright term is commonly attributed to effective corporate lobbying
Lobbying
Lobbying is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or...
, based on a desire for the continuance of a profitable monopoly. In the US, this is often phrased as a conspiracy to 'control the Mouse' (meaning Mickey Mouse
Mickey Mouse
Mickey Mouse is a cartoon character created in 1928 by Walt Disney and Ub Iwerks at The Walt Disney Studio. Mickey is an anthropomorphic black mouse and typically wears red shorts, large yellow shoes, and white gloves...
, a trademarked character controlled by the Disney Company whose early works would have moved into the public domain save for such an extension).
To many critics, the general problem is that the current (international) copyright system undermines its own goal. The concepts of the public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
and the intrinsic freedom of information are necessary precepts for creators to be able to build on published expression. But these are gradually being eroded, as copyright terms are repeatedly extended to last beyond the lifetime of the audience which experienced and knows of the original work.
Another effect of the repeated extension of copyright term is that current authors are shielded from competition from a wide public domain: by the time current works enter the public domain, they will have almost always have become obsolete. This reduces the risk of commoditisation of topical non-fiction. Out-of-copyright publishing, such as classic literature where margins are very low, generally offers only the best of each genre.
Opposition to current copyright practice also relates to the non-observance of the principal requirement of the original Queen Anne Act, which specified that for a work to obtain copyright a copy had to be deposited in a library of record, so that unlimited copies could be made when the copyright expired. This was observed for many years but was successfully opposed by the motion picture industry, which refused to provide copies of their films, resulting in the loss of many early films. Civilizatiion experiences a similar loss of ancient documents held in private collections until they rot.
The recent success of free software
Free software
Free software, software libre or libre software is software that can be used, studied, and modified without restriction, and which can be copied and redistributed in modified or unmodified form either without restriction, or with restrictions that only ensure that further recipients can also do...
projects such as GNU/Linux
Linux
Linux is a Unix-like computer operating system assembled under the model of free and open source software development and distribution. The defining component of any Linux system is the Linux kernel, an operating system kernel first released October 5, 1991 by Linus Torvalds...
, Mozilla Firefox
Mozilla Firefox
Mozilla Firefox is a free and open source web browser descended from the Mozilla Application Suite and managed by Mozilla Corporation. , Firefox is the second most widely used browser, with approximately 25% of worldwide usage share of web browsers...
, and the Apache web server has demonstrated that quality works can be created even in the absence of a copyright-enforced monopoly rent. Instead, these products use copyright to enforce their license terms, which are designed to ensure the free nature of the work, rather than securing exclusive rights for the holder for monetary gain; such a license is called a copyleft
Copyleft
Copyleft is a play on the word copyright to describe the practice of using copyright law to offer the right to distribute copies and modified versions of a work and requiring that the same rights be preserved in modified versions of the work...
, free software license, or open source
Open source
The term open source describes practices in production and development that promote access to the end product's source materials. Some consider open source a philosophy, others consider it a pragmatic methodology...
license.
Even in more traditional forms such as prose, some authors, such as Cory Doctorow
Cory Doctorow
Cory Efram Doctorow is a Canadian-British blogger, journalist, and science fiction author who serves as co-editor of the blog Boing Boing. He is an activist in favour of liberalising copyright laws and a proponent of the Creative Commons organization, using some of their licences for his books...
, retain the copyright to their work but license it for free distribution (for example under a Creative Commons licenses
Creative Commons licenses
Creative Commons licenses are several copyright licenses that allow the distribution of copyrighted works. The licenses differ by several combinations that condition the terms of distribution. They were initially released on December 16, 2002 by Creative Commons, a U.S...
). This has the benefit of providing a structured scheme under which authors can loosen some of the barriers that copyright imposes on others, allowing them to partially contribute the work to the community (in the form of giving a general grant on copying, reproduction, use or adaptation subject to certain conditions) while retaining other exclusive rights they hold in it.
Copyright can also be used to stifle political criticism. For example, in the US the contents of talk shows and similar programs are covered by copyright. Robert Greenwald
Robert Greenwald
Robert Greenwald is an American film director, film producer, and political activist.-Early life:Greenwald was born and raised in New York City, the son of Ruth and Harold Greenwald. He attended the city's High School of Performing Arts...
, a director of Uncovered: The Whole Truth About the Iraq War documentary was refused the right to use a clip of a George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
interview from NBC
NBC
The National Broadcasting Company is an American commercial broadcasting television network and former radio network headquartered in the GE Building in New York City's Rockefeller Center with additional major offices near Los Angeles and in Chicago...
's Meet the Press. Although the fair use provisions of statute and common law may apply in such cases, the risks of loss in court should there be a lawsuit and pressure from insurance companies, who regard use of almost anything (e.g., three words forming the opening of a song,) without permission as too risky, usually precludes use of materials without explicit permission, and so without a license fee.
Copyright is also conceived by some to be an artificial barrier in that "expressions" could be freely exchanged between individuals and groups if there were no copyright or other legal restrictions preventing. Such people believe that as the state
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
does not necessarily possess the moral authority to enact copyright laws, individuals may vary in their observation of such laws. Others disagree, believing that the copyright system, arising from provisions in the U.S. Constitution, has made and continues to make a valuable even essential contribution to the creation and dissemination of works. They also point out the social dangers inherent in the view that each individual is entitled to judge the "moral authority" of laws and to observe them or not according to individual judgments.
Modern challenges to copyright
Copyright concepts are under challenge in the modern era, primarily from the increasing use of peer to peer filesharing. Major copyright holders, such as the major record labels and the movie industryMajor film studios
A major film studio is a movie production and distribution company that releases a substantial number of films annually and consistently commands a significant share of box-office revenues in a given market...
, blame the ease of copying for their decreasing profits. Other alternatives, such as poor product content and excessive license charges have been suggested as alternative explanations.
Public interest
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
groups, major corporations and the like, are entering the public education system to teach the curriculum from their perspectives. The lobbying group for the MPAA provide a curriculum entitled What's the Diff? taught by a group of volunteers called Junior Achievement. The Business Software Alliance
Business Software Alliance
The Business Software Alliance is a trade group established in 1988 and representing a number of the world's largest software makers and is a member of the International Intellectual Property Alliance...
also has their own curriculum program called Play it Cybersafe, which is distributed to school children through a magazine called The Weekly Reader. There seems to be a general consensus amongst assorted interests in the USA that there needs to be some curriculum materials for school-aged children about copyright issues. The American Librarian Association released their own curriculum for librarians that was distributed in the winter of 2004.
Notable copyright reformers
- Rick BoucherRick BoucherFrederick Carlyle "Rick" Boucher is the former U.S. Representative for , serving from 1983 until 2011. He is a member of the Democratic Party.-Early life, education and career:...
- Jorge CortellJorge CortellJorge Cortell is an activist and commentator known for his opposition to the concept of Intellectual Property.-Work:Cortell has founded and has actively cooperated with the Creative Commons and the FFII....
- Robin GrossRobin GrossRobin Gross is founder and Executive Director of IP Justice, an international civil liberties organization that promotes balanced intellectual property law and defends freedom of expression....
- Lawrence LessigLawrence LessigLawrence "Larry" Lessig is an American academic and political activist. He is best known as a proponent of reduced legal restrictions on copyright, trademark, and radio frequency spectrum, particularly in technology applications, and he has called for state-based activism to promote substantive...
- Eben MoglenEben MoglenEben Moglen is a professor of law and legal history at Columbia University, and is the founder, Director-Counsel and Chairman of Software Freedom Law Center, whose client list includes numerous pro bono clients, such as the Free Software Foundation....
- Richard StallmanRichard StallmanRichard Matthew Stallman , often shortened to rms,"'Richard Stallman' is just my mundane name; you can call me 'rms'"|last= Stallman|first= Richard|date= N.D.|work=Richard Stallman's homepage...
- Siva VaidhyanathanSiva VaidhyanathanSiva Vaidhyanathan is a cultural historian and media scholar, and is currently a professor of Media Studies and Law at the University of Virginia. Vaidhyanathan is a frequent contributor on media and cultural issues in various periodicals including The Chronicle of Higher Education, New York Times...
Notable copyright maximalists
- Andrew Joseph GalambosAndrew Joseph GalambosAndrew Joseph Galambos created a theory of freedom. He was most famous for his strict stances on intellectual property rights...
- Mary BonoMary BonoMary Bono Mack is the U.S. Representative for , and previously the 44th, serving since 1998. She is a member of the Republican Party. The district is based in Palm Springs and includes most of central and eastern Riverside County. Bono Mack sits on the Energy and Commerce Committee, and is...
- Jack ValentiJack ValentiJack Joseph Valenti was a long-time president of the Motion Picture Association of America. During his 38-year tenure in the MPAA, he created the MPAA film rating system, and he was generally regarded as one of the most influential pro-copyright lobbyists in the world...
- Bill GatesBill GatesWilliam Henry "Bill" Gates III is an American business magnate, investor, philanthropist, and author. Gates is the former CEO and current chairman of Microsoft, the software company he founded with Paul Allen...
- Charles GatesCharles GatesCharles Gates may refer to:*Charles Gates, Jr. , businessman and philanthropist*Charles Gilbert Gates, owner of the first air conditioned home*Charles W. Gates, governor of Vermont from 1915 to 1917...
- Ryan C. Henry