14.3 Copyright and intellectual property issues in global media

Copyright and intellectual property are crucial in global media. They protect creators' rights while balancing public access to information. International treaties and organizations aim to standardize protection across borders, but challenges persist in the digital age.

Technological advances have made copying and sharing content easier, complicating enforcement. New business models and fair use debates emerge as media companies and platforms grapple with balancing creator rights and user freedoms in a rapidly evolving global landscape.

Copyright Principles in Media

Fundamentals of Copyright Protection

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• Copyright is a form of intellectual property protection that grants exclusive rights to the creator of an original work (books, movies, songs, software programs)
• Copyright law gives the owner the exclusive right to reproduce, distribute, perform, display, or create derivative works based on the original creation for a set period of time
• The purpose of copyright is to incentivize creativity and innovation by allowing creators to profit from their work and control how it is used
• In most countries, copyright protection is automatic as soon as a work is created and fixed in a tangible form, without the need for registration or other formalities

Scope and Limitations of Copyright

• The duration of copyright protection varies by country but typically lasts for the life of the author plus an additional 50 to 70 years after their death
• Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research
  • Examples of fair use include quoting a portion of a book in a review, using a clip from a movie in a classroom setting, or creating a parody of a popular song
• Copyright protection does not extend to ideas, facts, or concepts, but rather the specific expression or manifestation of those ideas in a tangible form

Digital Impact on Copyright

Technological Challenges

• The rise of digital technologies has made it easier to create, reproduce, and distribute copyrighted works, leading to increased concerns about piracy and unauthorized use
  • Examples include peer-to-peer file-sharing networks (Napster, BitTorrent) and online streaming platforms (YouTube, Spotify)
• Digital rights management (DRM) technologies, such as encryption and access controls, are used by media companies to prevent unauthorized copying and distribution of digital content
  • Examples of DRM include Adobe's Content Server for e-books and Microsoft's PlayReady for video and audio content
• The global nature of the internet has made it more difficult to enforce copyright laws across borders, as infringement can occur in multiple jurisdictions with varying legal frameworks

Evolving Business Models and Fair Use

• The ease of sharing and downloading digital content has led to the development of new business models, such as streaming services (Netflix, Hulu) and subscription-based access (Spotify, Apple Music), that aim to balance consumer demand with the need to protect intellectual property
• User-generated content platforms, such as YouTube and social media sites (Instagram, TikTok), have faced challenges in balancing the rights of copyright holders with the free speech and creative expression of their users
• The doctrine of fair use has come under increased scrutiny in the digital age, as courts grapple with how to apply the concept to new forms of media and online content
  • Examples include the use of copyrighted music in user-generated videos on YouTube and the sharing of news articles on social media platforms

International Copyright Agreements

Key Treaties and Organizations

• The Berne Convention for the Protection of Literary and Artistic Works is the oldest and most widely adopted international copyright treaty, establishing minimum standards for copyright protection and requiring member countries to treat foreign works the same as domestic ones
• The World Intellectual Property Organization (WIPO) is a United Nations agency that administers several international treaties related to copyright and intellectual property, including the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty
• The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is a World Trade Organization agreement that sets minimum standards for intellectual property protection and enforcement among member countries

Regional Agreements and National Differences

• Regional agreements, such as the European Union's Copyright Directive and the United States-Mexico-Canada Agreement (USMCA), also play a role in shaping copyright and intellectual property standards across borders
• The Universal Copyright Convention is an international treaty that provides copyright protection for works published in member countries, with a focus on facilitating the international exchange of copyrighted materials
• Despite the existence of international treaties and agreements, differences in national laws and enforcement practices can still create challenges for protecting intellectual property rights in a global context
  • For example, some countries may have longer or shorter copyright terms, different standards for fair use, or varying levels of enforcement resources

Challenges of Copyright Enforcement

Jurisdictional and Logistical Hurdles

• The borderless nature of the internet and digital technologies has made it easier for copyrighted works to be accessed and shared across jurisdictions, complicating enforcement efforts
• Differences in national copyright laws and enforcement practices can create a patchwork of legal frameworks that are difficult for media companies to navigate
• The anonymity and decentralization of peer-to-peer file-sharing networks and other online platforms can make it difficult to identify and take action against infringers
• The sheer volume of online content and the speed at which it can be shared and reproduced presents logistical challenges for monitoring and enforcing intellectual property rights

Balancing Interests and Cultural Attitudes

• The costs of pursuing legal action against infringers, particularly in foreign jurisdictions, can be prohibitive for many copyright holders, especially smaller creators and businesses
• Cultural attitudes towards intellectual property rights vary across countries, with some placing a higher value on individual ownership (United States, United Kingdom) and others prioritizing collective or communal access to knowledge and creative works (China, India)
• Balancing the interests of copyright holders with the need to promote innovation, free expression, and access to information remains an ongoing challenge in the global media landscape
  • This includes debates over the scope and duration of copyright protection, the role of fair use and other exceptions, and the responsibility of online platforms in policing infringement