I think that anyone in new media should certainly take a greater amount of time to understand copyrights. It will pertain to almost everyone’s work at one point or another. Copyrights are something that a few classes and course have maybe touched on, but there are some reasons why even a poor student should think about actually paying for registering some of their works and this really never gets covered. This subject might be dry, but there seems to be a real lack of understanding of the future in college in general (as expected) and even more so in the field of new media. I hate to say it, but to do what you love you have to change a hobby/passion into a business. The benefit that I see to be the greatest for registering for a copyright is that people can’t claim a defense of innocent infringement. Works are already automatically copyright protected under US law and a free copyright notice on the work itself can serve to prove willful intent against infringers, but registering only increases your chance of proving it and being awarded a greater amount. If registered within three months of publication or before any infringement occurs the copyright holder is entitled to statutory damages and attorney’s fees. Copyright literally means the right to control copy and distribution and that is the most important part of copyrighting a work. The added benefit of having the ability to license use and transfer ownership of the copyrighted material is a necessary advantage. The holder of a copyright is granted “moral rights,” the ability to object to any uses of the copyrighted material they might find morally objectionable. The cost of registering a copyright is quite inexpensive with a fifty to sixty-five dollar fee for mail in forms and a discounted online filling rate of thirty-five dollars. Register a copyright online at < http://www.copyright.gov/eco/> .The term of a copyright is fairly long lived with a term of seventy years after the death of the one holding the copyright in the case of an individual. In the case of a corporate copyright one hundred and twenty years after creation or ninety-five years after publication whichever is shorter is the term length. If the copyright holder registers with U.S. customs records the copyright allows for some import protection from foreign markets.
There are some disadvantages copyrights. The copyright only protects the manifestation of an idea, not the idea itself. The copyright must be filed before an infringement suit can be filed in court. Without registration only awards of actual damages and profits is obtainable. Independent creative changes may be permitted allowing others to create and release similar products. Reverse engineering is permitted allowing others to learn the concepts and working of the invention. Burden of proof lies with the copyright holder when attempting to prove infringement. Authorship is not ownership. A component of creativity is protectable, but facts and simple compilations even if the act of compiling had great cost and effort are not protectable. The copyright process is not enforceable in all countries and many countries require separate registering of copyrights. Copyrights do have a shelf life. The strength of the copyright is also a weakness; you can’t openly allow others to use or distribute your work meaning the work may be hindered in its spread, spreading slowly or not at all.
The form for registering a copyright looks quick and easy and comparatively shorter than most official applications. The discount for online filing combined with the status tracking is nice as well. The website for the US Copyright Office is small and self explanatory, navigating like any other website. Registering is key step in protecting a copyright and registering it with U.S. customs is a good idea when there could be possible importation of a foreign imitation of the product.
Some possible pitfalls for professionals or their clients with copyrighting are not too common, but there are a few things to look out for. Improper filing can make the copyright void. If the copyright is too general it could be contested. If the registration is not filled in a timely manner the damages in an infringement suit can be greatly limited.
Contracts, agreements, and licenses apply in the area of copyrights for a good number of reasons. The copyright holders lease out the use and/ or likeness of their copyrighted material use licensing contracts and agreements. Licensing is one of the main ways that a copyright becomes a moneymaking prospect to the holder. Contracts made by the copyright holder can even fully transfer ownership of the copyright and make a greater one-time sum for the holder.
The largest weakness and gap with a copyright in the realm of new technology for a copyright is certainly a matter of globalization. Copyright laws are different all over the globe, and copyrighted products are seen quickly all over. The ability of foreign markets to infringe on copyrights and willingness to do so, often within their own legal rights is a huge conflict with the domestic copyright holder’s interests. The US has no real effective way to police these cases of international infringement, something that may take quite some time to change, as there is even trouble in some cases of defining the infringement.
I see the copyright area of intellectual property law moving towards more perfect globalization in the future. I think that in all aspects and all fields globalization will continue to push forward, and in the case of copyright law the vastly increasing global commerce will for copyright policy to become more widely standardized. Of course there will always be countries that will not fall in line with copyright policies and attempt to make money with knock off products, but as the alliances of large multi-national unions grow the economic penalties placed on these non-abiding countries will grow large and effective enough to push many of them in line.
Citations
Burgunder, Lee. Legal Aspects of Managing Technology. 4th ed. . Mason, Oh: Thompson West, 2007. Print.
Fishman, Stephen. Legal Guide to Web and Software Developement . 5th ed. . USA: Delta Printing Solutions, INC , 2007. Print.
Copyright. United States Copyright Office. Web. 29 April. 2011. http://www.copyright.gov/ 29 April. 2011.
Copyright. Wikipedia. Web. 28 April. 201. < http://en.wikipedia.org/wiki/Copyright> 29 April. 2011
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