Copyright+History

Recent technological advances have greatly impacted the creation and control over the handling of intellectual property. While protecting proprietary rights is certainly not a new concept, the way information is produced, reproduced, and distributed has undergone considerable changes over time. New technologies have provided an unprecedented level of means and opportunity for content to be easily created and distributed, often with a simple click of a mouse. Issues of digital copyright, licensing, and file sharing have only been exasperated by the increased adoption and use of mobile technologies. What then are the origins of copyright law and how does this inform today’s increasingly complex and competitive digital environment? Wilkinson & Gerolami (2009) provided an overview of the history of copyright in order to highlight some emergent issues. Originally, copyright law was intended to “ encourage the production and dissemination of works thereby increasing access to information” (p. 322). Historically in England, it was meant “to help break up the monopolies that had previously been created in the book trade” with limitations “to a period of years, after which works would again be freely available in a competitive marketplace free of monopoly interest” (p. 323). As time passed and technologies such as the printing press were introduced, the way information was created and reproduced changed fundamentally. Proprietors became increasingly concerned with preserving their property rights and controlling the reproduction and dissemination of their works. The laws reflected these advances in technology, as “printing presses to be licensed were attempts to maintain the control of the channels of communication of texts by the existing elites” (p. 324). The conflict between owners and users had begun. Just as the printing press changed the way information was exchanged in the 15th century, the internet dramatically altered the 21st century copying and distribution landscape. Cesarini & Cesarini (2008) documented the issues surrounding P2P (peer to peer) file sharing. This process is easily accomplished with the use of a computer, free downloadable software, and access to the internet where “ the information transmitted over the network is broken down into small bundles, or packets” (p. 45). Distribution of these packets is conducted on a mass scale, with data fragmented and accessed seamlessly by multiple users. The opportunities for piracy are boundless. The authors pointed out that while concerns over piracy are ever-present with these tools, “ downloading digital media has many legitimate, noninfringing uses both inside and outside of higher education” (p. 50). Open source software, for example, can be shared in this way without infringing copyright. Though much of the criticism is targeted at illegitimate means of acquiring content, it is worth noting that the technology can be legitimately used as well. The rules governing copyright must be revisited and adapted as new technologies emerge. While the internet provides means and opportunity for piracy, we must strike a balance between the rights of the creator and the evolving demands of the consumer.

References

Wilkinson, M. A. & Gerolami, N. (2009). The author as agent of information policy: the relationship between economic and moral rights in copyright. Government Information Quarterly 26. P 321-332. Cesarini, L. M. & Cesarini, P. (2008). From jefferson to metallica to your campus: copyright issues in student peer-to-peer file sharing. The Journal of Technology Studies. P 45-54.