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Media Essay格式范文:数字环境对著作权的影响(2)

时间:2018-05-11 08:39来源:www.ukassignment.org 编辑:cinq 点击:
It has therefore been argued by many academics, including Lessig that innovation and creativity depend upon free, uncontrolled resources and more precisely, according to Lessig the Internet forms an i
 
It has therefore been argued by many academics, including Lessig that 'innovation and creativity depend upon free, uncontrolled resources' and more precisely, 'according to Lessig the Internet forms an "innovation commons,” that is, a space where innovation and creative expression can flourish' (Spinello 2003, p.3).
 
In an effort to protect themselves from the increasing breaches of copyright brought about by these kind of principles and digital technologies that facilitate these breaches of copyright, copyright owners have lobbied governments to extend copyright protection to lifetime plus seventy years and are attempting to override exceptions granted to institutions such as universities and parliaments along with removing the copyright ownership from creators to themselves. This has facilitated the rise of movements against this trend known as 'Open Access' and 'Creative Commons' in order to protect creators and consumers.
 
'Open Access' and 'Creative Commons' are two organisations that espouse opposing, yet fundamentally similar goals to deal with the blurring of the boundaries between the expression of ideas in a material form and ideas themselves. On the one hand 'Creative Commons' argues for the protection of creators through the benefits of minimal copyright protections known as 'moral rights' by issuing their own legally recognised copyright licenses.
 
The moral rights extend the rights of creators to the basic entitlements of 'attribution' and 'integrity' that have adopted in the developed world, including Europe and Australia (excluding USA). While 'attribution' is the right of the creator to have his work recognised by attribution, 'integrity' is the right of the creator not to have his work falsely portrayed or misused.' 'Creative Commons aims to promote better identification, negotiation and reutilization of content for the purposes of creativity and innovation.
 
It aims to make copyright content more "active” by ensuring that content can be reutilized with a minimum of transactional effort' (Fitzgerald & Oi 2004, p.1). Alternately, 'Open Access' seeks to minimize copyright in its entirety. '"Open Access” means access to the full text of a scientific publication on the internet, with no other limitations than possibly a requirement to register, for statistical or other purposes' (Björk, Roos, Lauri 2008, p.1). The purpose of this initiative is to accredit creators with their copyright and offer access to materials at minimum or no cost so as not to stifle creativity due to excessive copyright protections under the law.
 
However one must consider the implications of the erosion of copyright as discussed above and whether protecting old works is becoming obsolete. Some scholars and economists believe that copyright is crucial to the development of society and its advancement due to the protections of copyright and their benefits owners of copyright aspire to. A particular point raised in the town meeting was the relevance of copyright if individuals can merely download audio, visual and software files from file sharing programs on the Internet for no-charge.
 
However a report commissioned by the Australian government in 1998 raised the interesting point that copyright is crucial to the capitalist system of innovation and development. 'These industries form a significant and, to date, growing part of the Australian economy - in 1992-93, the net contribution of copyright based industries to the total economy was an estimated $11 billion in constant prices, or 2.9% of the total GDP' and the report concluded 'Copyright is the glue in the various transactions between creators and investors - the legal mechanism which ensures that the value of creative effort or investment is not undermined and devalued by others taking a free ride on that effort or investment' (McDonald 1999, p.2).
 
It can be affirmed then, that a system of copyright, limited even, is desirable, if not to protect creators, then to at least achieve a balance between the rights of creators and copyright producers and distributors for revenue and moral accreditation, while allowing access to the public for consumption. 'A system of limited intellectual property protection is justified both as an inducement for future creative activity and as a reward for the intellectual labor associated with that socially valuable activity' (Spinello 2003, p.2).
 
It has been argued by many academics that the complete erosion of copyright protections may dislodge the profitability of many industries such as the gaming, communications and film, to the detriment of future production as creators see no purpose in creation without economic gain (McDonald 1999; Lee 2005). For example 'Illegal file sharing on the internet leads to considerable financial losses for artists and copyright owners as well as producers and sellers of communications' (Quiring, von Walter & Atterer 2008, p.434).
 
It can therefore be strongly stated that while at times, when applied without distinction, copyright can be an encumbrance if argued from n Open Access perspective. However one must consider copyright as the 'glue' that McDonald describes it as when considering the incentive effect copyright has in relation to the development and dissemination of cultural information (McDonald 1999, p.2).
 
In conclusion it can be seen that the blurring of the boundaries between the expression of ideas in a material form (which is protected by copyright) and an idea itself (which is not) has led to the development of what Benkler has named the 'networked information economy' (Benkler 2003, p.1245). The networked information economy 'makes it possible for nonmarket and decentralized models of production to increase their presence alongside the more traditional models, causing some displacement, but increasing the diversity of ways of organizing production rather than replacing one with the other' (Benkler 2003, p.1247).
 
This has led to the decentralisation of the process of cultural production files (mp3's, film, communications, etc) and is what has ultimately led to the blurring between idea's in material form and idea's themselves as seen with the development of filesharing and peer-to-peer production networks against the backdrop of the digital environment.
 
This has gradually led to the erosion of copyright and the strengthening of legislation in reponse, in turn leading to the development of movements such as Creative Commons and Open Access. The ensuing debate over whether copyright is desirable to retain in the digital environment has led me to conclude that while copyright can act as encumbrance to creativity and learning, by removing its protection the incentive it generates for innovation and cultural production, have necessitated the need for a balance of the two.


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