Skip to main content

Copyright... internet censorship?

Copyright can be tricky to navigate. The fair use exception can be particularly misleading because we often assume it's synonymous with "in the clear." Basically, fair use allows for the unlicensed use of copyrighted works in some circumstances. The fair use doctrine is a legal framework (like the ones here or here) used by the courts to evaluate whether some unlicensed use of copyrighted material should be permitted or not.

But it's crucial to recognize that fair use isn't clear cut rules. It's a complex set of case laws that are used to decide where and when the courts ruled cases as copyright infringement or not. These determinations are then used to put together guidelines like the one at Stanford, so students and teachers can refer to them and decide if something is fair use. Following the guidelines doesn't necessarily guarantee you are in the safe zone, though. Going to court and winning is the only way to prove that.

These topics bring up some really important issues that we should be seriously considering. We all use the internet, many of us daily, but most of us don't realize how copyright and regulatory laws can impact our internet freedom. Net neutrality aside, acts and agreements are created or altered quietly and constantly. For example, the DMCA (Digital Millennium Copyright Act) was created in 1998 to update copyright laws in an attempt to regulate the sudden onslaught of digital material. And while some laws are able to withstand the test of time, DMCA reached its shelf life soon after being introduced. Provisions such as the notice and takedown procedure in the DMCA once made sense but now require massive websites like Google to field millions of copyright infringement notifications a day.

Because the DMCA notice and takedown process requires websites to respond expeditiously, even when inundated with notices, the website operators are left to choose between automatically taking down content claimed to be infringing, or potentially breaking the law. This imposes a guilty until proven innocent model when defending your content from the DMCA takedowns. The EFF (Electronic Frontier Foundation) provides some great information about the ramifications of DMCA takedown which you should definitely check out here, here, and here.

And as fate would have it, this week just so happens to be Copyright Week at the EFF!

Comments

  1. Before reading your post and also learning about copyright in class, I had little understanding to copyright and just what exactly it was. Now, taking a look into it, it can be a bit confusing as to how it works in particular because of all the various types of copyright there is out there. I did however take a look into her links and was able to get a better understanding as to what tells the various types apart(aside from their symbols).

    ReplyDelete
  2. I really enjoyed your post this week. I often wonder where the proper balance lies between censorship and creative work protection. I think that the laws we have now are not yet up to par with the level of technology that exists today. I can only hope that technology and our laws advance to a place where we can protect intellectual property but also allow for the creativity and freedom of others.

    ReplyDelete
    Replies
    1. Hey JD - I feel the same. The internet has grown so rapidly that copyright law simply has not kept up. Protecting creators' work is of the utmost importance, but at what cost? Now size, wealth, and mass production have a monopoly on the issue and massive takedowns happen every minute of the day. You have to wonder how much original content will never reach viewers because of this guilty until proven innocent approach to copyright enforcement.

      Delete

Post a Comment

Popular posts from this blog

Piktochart vs Canva

I have used Canva for things like designing business cards or creating invitations, but I had not yet used it for infographic creation. Because I am familiar with Canva, I decided to start this week's post by attempting to design an infographic with them first. Canva is great for all of your design needs but I found myself struggling to bring a useful infographic to life. I wasn't yet familiar with the concept of infographics so I wasn't sure where to start. I decided to explore the concept a little further and read Dr. Robin's suggested blog posts... which led me to Piktochart. This software pretty exclusively deals in infographics, whereas Canva is more of a conglomeration of any graphic design project you can imagine. So while I'll always love Canva for social media posts and creating unique postcards, Piktochart is my new go to for infographic designs. Piktochart offers a variety of beautiful free templates. The amazing thing about Piktochart is that they te...

Google Forms

I've used Google Drive, Docs, Sheets, Slides, Photos, and Hangouts, but I haven't had the opportunity to use Forms so this week I am going to tackle this versatile Google tool. Google Forms is part of Google's online apps suite of tools that allow you to save, manipulate, and analyze data using version control in your browser. This is amazing for collaboration but can be helpful to individuals too. Forms is essentially a sidekick to Sheets, allowing you to make excellent forms in a matter of minutes. For this post, I decided to create a test Form for students. I work at Lewis-Clark State College in the Registrar's Office. We have many, many paper forms that students have to print or pick up, fill out, and return. Then we process them, scan them, link them to the student, and store them electronically. It's an improvement on manual filing and paper documents but it's still not totally efficient. We use Google Suite for our students' LCMail accounts, so we h...

What motivates us?

We are often told: the higher the reward, the greater the motivation. But what if our motivation comes from something else? What if we aren't motivated by material incentive at all? This video illustrates the "surprising" factors of motivation. But after watching the video, you may find that the information isn't that surprising after all. People are more motivated by purpose, studies found. When given total autonomy, employees were more creative and displayed more motivation. The idea that we are driven to perform better when given more freedom and autonomy is not new. But it certainly does seem to be a difficult concept for many leaders and managers to adhere to. When we are driven to succeed by feelings of purpose and mastery of skills, we are more highly invested in our tasks and more motivated to perform.