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Opposition to copyright or anti-copyright is opposition to the current state of copyright law, or perhaps copyright as a concept. Opposition groups often criticize philosophical, economical, or social rationales of such laws and the laws' implementations, the benefits of which they claim do not justify the policy's costs to society. Adherents advocate for changing the current system, though different groups have different ideas of what that change should be. Some call for remission of the policies to a previous state—copyright once covered few categories of thing and had shorter term limits—or they may seek to expand concepts like Fair Use that allow permissionless copying. Others seek the abolition of copyright itself.
Copyright is a legal right, existing in many countries, that grants the creator of an original work exclusive rights to determine whether, and under what conditions, this original work may be used by others. This is usually only for a limited time. Copyright is one of two types of intellectual property rights, the other is industrial property rights. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright on ideas is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.
Opposition to copyright is often a portion of platforms advocating for broader social reform. For example, Lawrence Lessig, a free-culture movement speaker, advocates for loosening copyright law as a means of making sharing information easier or addressing the orphan works issue [1] and the Swedish Pirate Party has advocated for limiting copyright to five year terms in order to legalize the majority of its members' downloading of modern works. [2]
Lester Lawrence Lessig III is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard University. Lessig was a candidate for the Democratic Party's nomination for President of the United States in the 2016 U.S. presidential election, but withdrew before the primaries.
The free-culture movement is a social movement that promotes the freedom to distribute and modify the creative works of others in the form of free content or open content without compensation to, or the consent of, the work's original creators, by using the Internet and other forms of media.
An orphan work is a copyright protected work for which rightsholders are positively indeterminate or uncontactable. Sometimes the names of the originators or rightsholders are known, yet it is impossible to contact them because additional details cannot be found. A work can become orphaned through rightsholders being unaware of their holding, or by their demise and establishing inheritance has proved impracticable. In other cases, comprehensively diligent research fails to determine any authors, creators or originators for a work. Since 1989, the amount of orphan works has increased dramatically since registration is optional, many works' statuses remain unknown and therefore are in a grey area, therefore cannot be used, since fair use deals with non-orphaned works.
Pirate Cinema and groups like The League of Noble Peers advance more radical arguments, opposing copyright per se. A number of anti-copyright groups have recently emerged in the argument over peer-to-peer file sharing, digital freedom, and freedom of information; these include the Association des Audionautes [3] [4] and the Kopimism Church of New Zealand. [5] [6]
Pirate Cinema is a do-it-yourself cinema. Recently Pirate Cinema has been associated with groups in Brazil, Berlin, Copenhagen, Melbourne and Helsinki, where local Pirate Cinema groups are associated with the anti-copyright movement and squatting.
The League of Noble Peers is an organization credited with producing the Steal This Film documentary series. When releasing Steal This Film (One) the group introduced itself as "a group of friends" that, in 2006, "decided to make a film about filesharing that we would recognise." The Steal This Film series documents the movement against intellectual property and was released via the BitTorrent peer-to-peer protocol.
Peer-to-peer (P2P) computing or networking is a distributed application architecture that partitions tasks or workloads between peers. Peers are equally privileged, equipotent participants in the application. They are said to form a peer-to-peer network of nodes.
In 2003, Eben Moglen, a professor of Law at Columbia University, published The dotCommunist Manifesto, which re-interpreted the Communist Manifesto by Karl Marx in the light of the development of computer technology and the internet; much of the re-interpreted content discussed copyright law and privilege in Marxist terms. [7]
Eben 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.
The Communist Manifesto is an 1848 political pamphlet by the German philosophers Karl Marx and Friedrich Engels. Commissioned by the Communist League and originally published in London just as the Revolutions of 1848 began to erupt, the Manifesto was later recognised as one of the world's most influential political documents. It presents an analytical approach to the class struggle and the conflicts of capitalism and the capitalist mode of production, rather than a prediction of communism's potential future forms.
Karl Marx was a German philosopher, economist, historian, sociologist, political theorist, journalist and socialist revolutionary.
Recent developments related to BitTorrent and peer-to-peer file sharing have been termed by media commentators as "copyright wars", with The Pirate Bay being referred to as "the most visible member of a burgeoning international anti-copyright—or pro-piracy—movement". [8] [9] One well-publicised instance of electronic civil disobedience (ECD) in the form of large scale intentional copyright infringement occurred on February 24, 2004, in an event called Grey Tuesday. Activists intentionally violated EMI's copyright of The White Album by distributing MP3 files of a mashup album called The Grey Album , in an attempt to draw public attention to copyright reform issues and anti-copyright ideals. Reportedly over 400 sites participated including 170 that hosted the album with some protesters stating that The Grey Album illustrates a need for revisions in copyright law to allow sampling under fair use of copyrighted material, or proposing a system of fair compensation to allow for sampling. [10] [11]
BitTorrent is a communication protocol for peer-to-peer file sharing (P2P) which is used to distribute data and electronic files over the Internet.
File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia, documents or electronic books. File sharing may be achieved in a number of ways. Common methods of storage, transmission and dispersion include manual sharing utilizing removable media, centralized servers on computer networks, World Wide Web-based hyperlinked documents, and the use of distributed peer-to-peer networking.
The Pirate Bay is an online index of digital content of entertainment media and software. Founded in 2003 by Swedish think tank Piratbyrån, The Pirate Bay allows visitors to search, download, and contribute magnet links and torrent files, which facilitate peer-to-peer (P2P) file sharing among users of the BitTorrent protocol.
French group Association des audionautes is not anti-copyright per se, but proposes a reformed system for copyright enforcement and compensation. Aziz Ridouan, co-founder of the group, proposes for France to legalise peer-to-peer file sharing and to compensate artists through a surcharge on Internet service provider fees (i.e. an alternative compensation system). Wired magazine reported that major music companies have equated Ridouan's proposal with legitimising piracy. [3] In January 2008, seven Swedish members of parliament from the Moderate Party (part of the governing coalition), authored a piece in a Swedish tabloid calling for the complete decriminalisation of file sharing; they wrote that "Decriminalising all non-commercial file sharing and forcing the market to adapt is not just the best solution. It's the only solution, unless we want an ever more extensive control of what citizens do on the Internet." [12]
An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. Internet service providers may be organized in various forms, such as commercial, community-owned, non-profit, or otherwise privately owned.
Various copyright alternatives in an alternative compensation systems (ACS) have been proposed as ways to allow the widespread reproduction of digital copyrighted works while still paying the authors and copyright owners of those works. This article only discusses those proposals which involve some form of government intervention. Other models, such as the street performer protocol or voluntary collective licenses, could arguably be called "alternative compensation systems" although they are very different and generally less effective at solving the free rider problem.
The Moderate Party is a liberal-conservative political party in Sweden. The party generally supports tax cuts, the free market, civil liberties and economic liberalism. Internationally, it is a full member of the International Democrat Union and European People's Party.
In June 2015 a WIPO article named "Remix culture and Amateur Creativity: A Copyright Dilemma" [13] acknowledged the "age of remixing" and the need for a copyright reform while referring to recent law interpretations in Lenz v. Universal Music Corp. and Canada's Copyright Modernization Act.
Groups that argue for using existing copyright legal framework with special licences to achieve their goals, include the copyleft movement [14] and Creative Commons. [15] Creative Commons is not anti-copyright per se, but argues for use of more flexible and open copyright licences within existing copyright law. [16] Creative Commons takes the position that there is an unmet demand for flexibility that allows the copyright owner to release work with only "some rights reserved" or even "no rights reserved." According to Creative Commons many people do not regard default copyright as helping them in gaining the exposure and widespread distribution they want. Creative Commons argue that their licences allow entrepreneurs and artists to employ innovative business models rather than all-out copyright to secure a return on their creative investment. [17]
Scholars and commentators in this field include Lawrence Liang, [18] Jorge Cortell, [19] Rasmus Fleischer, [20] Stephan Kinsella, and Siva Vaidhyanathan.
Traditional anarchists, such as Leo Tolstoy, expressed their refusal to accept copyright. [21]
There is an argument that copyright is invalid because, unlike physical property, intellectual property is not scarce and is a legal fiction created by the state. The argument claims that, infringing on copyright, unlike theft, does not deprive the victim of the original item. [22] [ additional citation(s) needed ]
It is unclear that copyright laws are economically stimulating for most authors, and it is uncommon for copyright laws to be evaluated based on empirical studies of their impacts. [23] [24] [25]
One of the founders of Piratbyrån, Rasmus Fleischer, argues that copyright law simply seems unable to cope with the Internet, and hence is obsolete. He argues that the Internet, and particularly Web 2.0 have brought about the uncertain status of the very idea of "stealing" itself. He argues that in an attempt to rein in Web 2.0, copyright law in the 21st century is increasingly concerned with criminalising entire technologies, leading to recent attacks on different kinds of search engines, solely because they provide links to files which may be copyrighted. Fleischer points out that Google, while still largely uncontested, operates in a gray zone of copyright (e.g. the business model of Google Books is to display millions of pages of copyrighted and uncopyrighted books as part of a business plan drawing its revenue from advertising).[ citation needed ] In contrast, others have pointed out that Google Books blocks-out large sections of those same books, and they say that does not harm the legitimate interests of rightsholders. [26]
Fleischer's central argument is that copyright has become obsolete with regards to the Internet, that the cost of trying to enforce it is unreasonable, and that instead business models need to adapt to the reality of the Darknet. [27]
Groups such as Hipatia advance anti-copyright arguments in the name of "freedom of knowledge" and argue that knowledge should be "shared in solidarity". Such groups may perceive "freedom of knowledge" as a right, and/or as fundamental in realising the right to education, which is an internationally recognised human right, as well as the right to a free culture and the right to free communication. They argue that current copyright law hinders the realisation of these rights in today's knowledge societies relying on new technological means of communication and see copyright law as preventing or slowing human progress. [28]
Lawrence Liang, founder of the Alternative Law Forum, argues that current copyright is based on a too narrow definition of "author", which is assumed to be clear and undisputed. Liang observes that the concept of "the author" is assumed to make universal sense across cultures and across time. Instead, Liang argues that the notion of the author as a unique and transcendent being, possessing originality of spirit, was constructed in Europe after the Industrial Revolution, to distinguish the personality of the author from the expanding realm of mass-produced goods. Hence works created by "authors" were deemed original, and merges with the doctrine of property prevalent at the time. [29]
Liang argues that the concept of "author" is tied to the notion of copyright and emerged to define a new social relationship – the way society perceives the ownership of knowledge. The concept of "author" thus naturalised a particular process of knowledge production where the emphasis on individual contribution and individual ownership takes precedence over the concept of "community knowledge". [29] Relying on the concept of the author, copyright is based on the assumption that without an intellectual property rights regime, authors would have no incentive to further create, and that artists cannot produce new works without an economic incentive. Liang challenges this logic, arguing that "many authors who have little hope of ever finding a market for their publications, and whose copyright is, as a result, virtually worthless, have in the past, and even in the present, continued to write." [29] Liang points out that people produce works purely for personal satisfaction, or even for respect and recognition from peers. Liang argues that the 19th Century saw the prolific authorship of literary works in the absence of meaningful copyright that benefited the author. In fact, Liang argues, copyright protection usually benefited the publisher, and rarely the author. [29]
The institution of copyright brings up several ethical issues. Selmer Bringsjord argues that all forms of copying are morally permissible (without commercial use), because some forms of copying are permissible and there is not a logical distinction between various forms of copying. [30]
Edwin Hettinger argues that natural rights arguments for intellectual property are weak and the philosophical tradition justifying property can not guide us in thinking about intellectual property. [31] [32]
Shelly Warwick believes that copyright law as currently constituted does not appear to have a consistent ethical basis. [33]
Open content is a neologism coined by David Wiley in 1998 which describes a creative work that others can copy or modify freely, without asking for permission. The term evokes the related concept of open-source software. Such content is said to be under an open licence.
Creative Commons (CC) is an American non-profit organization devoted to expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright-licenses, known as Creative Commons licenses, free of charge to the public. These licenses allow creators to communicate which rights they reserve and which rights they waive for the benefit of recipients or other creators. An easy-to-understand one-page explanation of rights, with associated visual symbols, explains the specifics of each Creative Commons license. Creative Commons licenses do not replace copyright but are based upon it. They replace individual negotiations for specific rights between copyright owner (licensor) and licensee, which are necessary under an "all rights reserved" copyright management, with a "some rights reserved" management employing standardized licenses for re-use cases where no commercial compensation is sought by the copyright owner. The result is an agile, low-overhead and low-cost copyright-management regime, benefiting both copyright owners and licensees.
The Future of Ideas: The Fate of the Commons in a Connected World (2001) is a book by Lawrence Lessig, at the time of writing a professor of law at Stanford Law School, who is well known as a critic of the extension of the copyright term in US. It is a continuation of his previous book Code and Other Laws of Cyberspace, which is about how computer programs can restrict freedom of ideas in cyberspace.
Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity is a 2004 book by law professor Lawrence Lessig that was released on the Internet under the Creative Commons Attribution/Non-commercial license on March 25, 2004.
Piratbyrån was a Swedish organization established to support the free sharing of information, culture, and intellectual property. Piratbyrån provided a counterpoint to lobby groups such as the Swedish Anti-Piracy Bureau.
Remix culture, sometimes read-write culture, is a society that allows and encourages derivative works by combining or editing existing materials to produce a new creative work or product. A remix culture would be, by default, permissive of efforts to improve upon, change, integrate, or otherwise remix the work of copyright holders. While a common practice of artists of all domains throughout human history, the growth of exclusive copyright restrictions in the last several decades limits this practice more and more by the legal chilling effect. In reaction, Harvard law professor Lawrence Lessig who considers remixing a desirable concept for human creativity, has worked since the early 2000s on a transfer of the remixing concept into the digital age. Lessig founded the Creative Commons in 2001 which released Licenses as tools to enable remix culture again, as remixing is legally prevented by the default exclusive copyright regime applied currently on intellectual property. The remix culture for cultural works is related to and inspired by the earlier Free and open-source software for software movement, which encourages the reuse and remixing of software works.
Lawrence Liang is a professor of law at Ambedkar University Delhi. He is known for his legal campaigns on issues of public concern. He is a co-founder of the Alternative Law Forum and by 2006 had emerged as a spokesperson against the politics of "intellectual property". In 2017, he received the Infosys Prize for Social Sciences in recognition of his creative scholarship on law and society.
Good Copy Bad Copy is a 2007 documentary film about copyright and culture in the context of Internet, peer-to-peer file sharing and other technological advances, directed by Andreas Johnsen, Ralf Christensen, and Henrik Moltke. It features interviews with many people with various perspectives on copyright, including copyright lawyers, producers, artists and filesharing service providers.
Copyleft, distinguished from copyright, is the practice of offering people the right to freely distribute copies and modified versions of a work with the stipulation that the same rights be preserved in derivative works created later. Copyleft software licenses are considered protective or reciprocal, as contrasted with permissive free-software licenses.
Code and Other Laws of Cyberspace is a 1999 book by Lawrence Lessig on the structure and nature of regulation of the Internet.
The philosophy of copyright considers philosophical issues linked to copyright policy, and other jurisprudential problems that arise in legal systems' interpretation and application of copyright law.
The public domain consists of all the creative works to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.
Remix: Making Art and Commerce Thrive in the Hybrid Economy is Lawrence Lessig's fifth book. The book was made available for free download and remixing under the CC BY-NC Creative Commons license via Bloomsbury Academic. It is still available via the Internet Archive. It details a hypothesis about the societal effect of the Internet, and how this will affect production and consumption of popular culture to a "remix culture".
RiP!: A Remix Manifesto is a 2008 open-source documentary film about "the changing concept of copyright" directed by Brett Gaylor.
The Missionary Church of Kopimism, is a congregation of file sharers who believe that copying information is a sacred virtue and was founded by Isak Gerson, a 19-year-old philosophy student, and Gustav Nipe in Uppsala, Sweden in the autumn of 2010. The Church, based in Sweden, has been officially recognized by the Legal, Financial and Administrative Services Agency as a religious community in January 2012, after three application attempts.
Sharism is a philosophy on sharing content and ideas, developed by Isaac Mao. Inspired by user-generated content, sharism states that the act of sharing something within a community produces a proper value for each of its participants: "the more you share, the more you receive". As knowledge is produced through crowdsourcing, this new kind of shared ownership leads to the production of goods and services where value is distributed through the contributions of everyone involved.
in 2013 a district court ruled that copyright owners do not have the right to simply take down content before undertaking a legal analysis to determine whether the remixed work could fall under fair use, a concept in US copyright law which permits limited use of copyrighted material without the need to obtain the right holder's permission (US District Court, Stephanie Lenz v. Universal Music Corp., Universal Music Publishing Inc., and Universal Music Publishing Group, Case No. 5:07-cv-03783-JF, January 24, 2013).[...] Given the emergence of today's "remix" culture, and the legal uncertainty surrounding remixes and mash-ups, the time would appear to be ripe for policy makers to take a new look at copyright law.
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(help)“We conclude that the snippet function does not give searchers access to effectively competing substitutes. Snippet view, at best and after a large commitment of manpower, produces discontinuous, tiny fragments, amounting in the aggregate to no more than 16% of a book. This does not threaten the rights holders with any significant harm to the value of their copyrights or diminish their harvest of copyright revenue,” wrote the court.
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