How does copyright affect IT?

Answer 1

Copyright law gives an author, composer, or artist several exclusive rights: copy, publish, distribute, perform, make derivative works, etc., depending upon the type of work.

Information technology (especially digitization) has made the process of copying, publishing and distributing digital copies very inexpensive. New forms of media have been created, raising new questions of law: does a user of a computer have additional inherent rights to make copies of software or other files during computer operations?

On the electronic side of IT, microscopic integrated circuit technology became extremely valuable and so-called "mask works" (for creating the functional layers of semiconductors) were found to be not subject to copyright because of their functional nature. A new type of statutory protection was created, outside of copyright, to protect these expensive artworks from illegal copying.

Digital audio tapes (and later media) spawned an entirely new way of making and distributing copies of sound recordings, including copyrighted music. New methods were created for collecting and sharing the royalty revenue, and for protection against bootleg copies. New laws were created to cover digital piracy, copy protection, and the information related to copies (the author, date, owner, license terms, etc).

The rapid spread of the internet, particularly the www protocols in the early 1990s, made nearly everyone with a computer a potential publisher. On the flip side, every "web browser" automatically downloads a copy of a "web page", as part of its normal operation to display the information the author has published, under a newly "implied license" to make copies, at least for personal use. New questions arose regarding the distinctions between having authorized an infinite number of copies and having no protection for what recipients can do with those copies.

A large segment of the population began to confuse or conflate the concepts that "anyone can have one for free" and "public domain."

Trade related intellectual property rights became increasingly important in international relations. New questions arose regarding harmonization of copyright laws, jurisdiction over online copying in "cyberspace", and the issues related to automatic translations and limits on converting copies to new types of storage media.

As faster network speeds became economical and protocols more efficient, the new channels were quickly filled with new media: online music, video, photographs. A new wave of treaties and statutes will attempt to rationalize the royalties with modern copying and distribution means.

Answer 2

IT makes it very easy to duplicate and share materials. However, when the materials are protected by copyright, the act of uploading them is considered copying and distributing, and the act of downloading is considered copying as well. Doing either of these things without permission from the copyright holder is a violation of federal law.

Answer 3

The law hasn't affected technology anywhere near as much as technology has affected the law. With each advancement, from the player piano to the internet, the law has struggled to adapt, and hasn't always succeeded.

Copyright law restrains the use of technology in much the same way any law does: what's possible is not necessarily legal. I can copy all my CDs to a tiny solid-state drive for each of my friends, but not within the law. I can also drive 110 miles an hour, but not within the law.

Answer 4

I have seen many web sites with collections of images that contain a notice similar to the following: If you find an image that belongs to you and you do not want it displayed here, send me an e-mail and I'll remove it immediately.

That may be a pleasant statement, but it shows a serious misunderstanding of copyright law. The law requires that the author of a web site, book, etc. ask permission of the copyright owner before either copying or displaying any copyrighted work. The burden is on the copier to ask permission. It is not the duty of the copyright owner to cruise the Internet and ask authors to stop infringing a copyright. In fact, the copyright owner can file copyright infringement litigation immediately on discovering the unauthorized use of copyrighted material.

And, when you ask for permission, do not say "If you do not reply, I will assume you granted permission." (I have actually received many e-mails with such wording!) The only way for a copyright owner to grant permission is to make a statement - either a general statement in his/her terms-of-service webpage or a specific statement in reply to a request for permission - that copying is acceptable to the copyright owner. The default setting (i.e., no reply from the copyright owner) is that there is no permission to copy.

Answer 5

Copyright is endlessly striving--and failing--to keep abreast with technology. When the laws were first written, printing was expensive and time-consuming, not free and instantaneous. Increasingly, laws are intentionally vague in an attempt to squeeze a few more years out of them before a significant revision is required, and new technologies get shoehorned into old laws that kind of fit. Streaming audio laws are based on mp3, which is based on CD, which is based on analog recording, which is based on a 1919 law written in response to that new technology of player pianos.

Answer 6

Software is protected by both patent and copyright laws. It's most apparent in preventing copying and distribution of protected applications, and is evident in the small print in EULAs.

Answer 7

Software piracy is the biggest copyright issue in IT.