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Media Law
Assessment Contempt
1. What are the competing interests that copyright law aims to balance?
The main intention of copyright is to encourage the progression of science and art through the protection of authors whose originally composed workings are replicated or taken recognition for. When an author creates an item of work that expresses an original description of ideas or facts or is composed in a unique way, it may be copyrighted. The specific words or arrangement of words used by the original author may not be replicated exactly by any other persons without permission. If permission is not granted and the work is copied still, remedies will be granted to the author under the law of copyright. Furthermore, the fundamental facts of the work may be used or copied but as mentioned earlier they must not be replicated exactly. This includes works that range from; Pictorial, graphic, sound recording, literary, to musical, dramatic, motion pictures, choreographic, and architectural workings. Copyright law is in constant change which runs parallel with technological boom the world facilitates to this day. With the complexity and consistent change surrounding copyright, the balance between the interests of the author and of the public (in this sense the persons who wish to use the work created by the author) is constantly shifting. A fundamental aspect of copyright law is that “there is no copyright in ideas, opinions, information or facts. It is the form in which ideas, opinions, information or facts are expressed which is protected and not the ideas themselves,” (Lindsay 15, p.74).
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In order to understand this balance, the author’s rights must be considered. These rights are as follows
• To further distribute copies
• To reproduce to work
• In a performers case, to publicly perform the work
• To publicly put work on show
• To carry out a sound recording
These rights mentioned above are to be solely carried out by the author. However in the balancing act of copyright, these rights are often altered, often for educational purposes or for governmental or non-profit organisations. One such limitation put on such rights for the author is ‘fair use’. This essentially allows limited use of copyrighted material without permission from the author. This usually applies mainly for non-profit organisations or educational institutions. Fair use of material incorporates various factors when under a judge. Firstly, the nature of the material must be considered. If the material is factual or necessary for educational purposes as opposed to more artistic material, the fair use will often weigh in favour of the defendant. “The publication right is the right to make public a work which has not previously been made public,” (Lindsay 15, p.84). Secondly, the purpose of the use of material must be considered. This means that work used for commercial purposes will usually not stand up in court however material for non-profit educational purposes are more likely to do so (though educational purposes cannot solely be used for the fair use defence). Thirdly, the amount of material copied compared to the size of the material as a whole. Even though there are not specific percentages or word limitations, it generally works in the way that the more material used, the less likely the fair defence can be used. There are no explicit guidelines due to the dissimilarity of each case. Meaning that a judge has to decide in a way that is fair for each trial. Finally, the impact the material has on the market it is specified for, and the impact on the value of the original work due to use by another person. In general, the more negative the impacts for the author, the more likely it is that ‘fair use’ would be deemed meaningless.
Another area that generates competing interests within the copyright section of law is the use of copyrighted material in libraries. Public libraries or libraries for specific research are so essential that a balance between copyright holders and libraries has been created. Copyrighted material can only be used for personal use and not for commercial use. Furthermore, libraries are allowed to reproduce copyrighted material for purposes including preservation, if the material has been stolen, and if damage has been inflicted. The library at Griffith University is one example.
In conclusion, copyright has been an essential area of law to preserve and further humanity as a whole. This may sound far fetched however without protection of such essential material, the material may be used for the wrong purposes or the original author of such material forgotten in an endless haze of forthcoming persons who claim recognition. “Technology progress involves conflicting consequences for the owners of intellectual property rights,” (Ricketson, 1 p.5). The balancing act within copyright is unavoidable due to the world’s ever changing technological status and constant social change.
Bibliography
Lindsay, David (15) “Copyright” , in M. Armstrong, D. Lindsay & R. Watterson (eds.) Media Law in Australia (rd ed), Melbourne, Oxford University Press, pp. 7-7.
Pearson, Mark, (17) Journalists Guide to Media Law, Sydney, Allen and Unwin.
Ricketson, Sam (1) “New wine into old bottles Technological change and intellectual property rights”, Promethues, v. 10 (1) pp. 5-81.
QUT COPYRIGHT GUIDE
http//www.dias.qut.edu.au/copyright/crguidefrontpage.html
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