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marigoldafonso's version from 2017-08-15 18:55

Section 1

Question Answer
Copyright is a property right that exists to protect works that have literary, artistic or dramatic merit.
Copyright can beinconvenient and expensive and has the potential to inhibit the public’s ability to communicate, develop ideas and produce new work.
Thus, its legitimacy must be assessed. This essay will outline the justifications for copyright and argue that it may be unsuitable for the modern digital era.
Copyright has an important economic rolein incentivising and rewarding in accordance with market demand.
Copyright is a response to market failure;without it, the expression of ideas and information would be available to all, without reward for those who invested in the creation and dissemination of the works produced.
Copyright protects the rights of users and the public domain.Freedom of expression and information are protected by the limitation of copyright to forms of expression and not ideas.
Copyright makes cultural works accessible and is arguably necessary for society.Indeed, the US constitution includes a provision for copyright protection on the ground that it enriches culture.
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Section 2

Question Answer
Copyright protects the creative individual’s personality rightsthis is evident through moral rights and other non-economic interests.
Human rights, dignity and respectmay be linked to such moral rights to have the author’s work treated appropriately.
Copyright law in the UK has been justified on the grounds of commercial utility.
By contrastthe rest of Europe views copyright as a natural right accruing to the author, due to the product of their labour.
According to natural rights theorists such as Locke (1990)copyright protection is granted because it is right and proper to do so.
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Section 3

Question Answer
Some argue copyright is necessary due to the author’s originality and the romantic notion of the ‘author’.
Authorial constructionism theoristsargue against this justification.
They argue that the claim to ownership is weak and that realisation of works necessitates contribution from the collective, not the individual.
Litman (1990)argues that there is no ultimate originality.
Craig (2002)argues that intellectual works are the products of collective labour and so ought to be owned collectively.
Additionally, Gordon (2004) reminds us that artists receive ‘a tradition and world they have not made’.
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Section 4

Question Answer
It is argued that if copyright protection is too broadcultural life will be impoverished because authors will have limited access to other works on which creative output depends.
This raises questions about whetherprotection is too long, how much creative output should be in the public domain and how broad exceptions to copyright should be.
Copyright exceptions such as fair dealingreflect a recognition that in some circumstances certain non-producer interests outweigh producers’ interests.
Research is excluded for a commercial purpose although this is not entirely straightforward.
Non-commercial academic research may sooner or later feed into a commercial publication.
It is counterintuitive if it restrictspeople from completing important research.
This does not promote dissemination of information and it does not incentivise research or new work.
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Section 5

Question Answer
For most works, copyright lasts for 70 years from the end of the year in which the author dies.
Directive 2011/77/EU recentlyextended the protection for sound recordings from 50 to 70 years.
This was criticised by the Gowers Review (2006) and the Hargreaves Review (2011)both of which argued that such an extension would not benefit most performers, and the extension would have a negative impact on the balance of trade.
Artists do not benefit greatly as in many cases they will forfeit copyright for publication.
Cornish (2013)states that the cultural value attaching to authorship provides copious moral legitimacy for legal protection.
No study provides conclusive evidence that copyright has had a significant promoting influence on the production of new works.
Ray (2010)notes that economic studies have instead shown that the duration of copyright protection far exceeds the incentives required to invest in new works.
The realm of copyright is fed by society’s desire for artistic creativity.
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Section 6

Question Answer
The Hargreaves Review concluded that in this digital age the copyright system that we currently have is obstructing rather than promoting innovation and economic growth.
As stated in the review ‘we are in danger of trying to run a modern highways system with a Highway Code last revised in Edwardian England.’
Therefore, changes need to be madebased on evidence, rather than lobbyist advice, that will allow flexibility in the future as new technologies arise.
With the advent of the internet many believe copyright unjustifiablystifles our ability to make the most of the new environment and impinges upon the public domain.
The digital environment raises the question whether economic interests still require copyright.
The internet has made it easier for author and audience to find each other.
Copyright is not sufficiently flexible to offer protection to categories of work, many of which have no tangible existence on the internet.
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Section 7

Question Answer
Moreover, in case of the so-called orphan worksthe identity of concerned copyright holders can hardly be found or is completely unknown.
The problem brought by digital technologies and the internet is copyrighted worksincluding orphan works, can be easily accessible and exploited by individuals in enormous numbers.
Tamura (2009) notes that copyright laws have started to affect many activities of private individuals which were considered lawful in the analogue era.
Digital technologies allow more effective and invasive monitoring of private individuals' compliance with copyright law.
This can be seen in the UK whereinternet service providers warn their users of their activity when piracy websites are accessed.
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Section 8

Question Answer
The Hargreaves Review identifies that,although piracy is indeed rife, there is no strong evidence that artists are failing to produce new works as a result.
The report found little evidence that increasing of penalties reduces infringement in the long termand educating people about infringement does not seem to lead to a change in behaviour either.
It was concluded that the most appropriate way forward isa combination of enforcement, education and expansion of the legitimate market for digital content.
This may be working, as 2016 research commissioned by the Intellectual Property Office noted adecrease in infringement and a rise in use of legal streaming sites. However, this is perhaps due to the accessibility of streaming sites such as Netflix.
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Section 9

Question Answer
Copyright promotes expression, but copyrightable expressionslimit subsequent democratic and expressive discourse.
Social theorists advocate a less rigid set of intellectual property lawsin order to facilitate expansive social interaction and cultural exchange.
Coombe (1991) and Netanel (1996)advocate a greater democratic dialogue, a freer communicative sphere, the need to eliminate restrictions on creative expression and a stronger public domain.
A radical change of the perception of copyright proprietary entitlements is needed in order to enable more widespread participation in the production of knowledge and ideas.
Barlow (1992) asserts that copyright law does not fit in the twenty-first century. This, he stated, is a consequence of a true information society, where the information product and its mode of delivery are inseparable.
This dematerialisation of works, which is a result of digitisationis said to have the effect of making the supporting media irrelevant or even non-existent.
This renders the works themselves unsuitablefor the traditional copyright regime with its idea/expression dichotomy. As Barlow wrote, ‘information wants to be free’.
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