Digital Copyright: Revisited

on Monday, June 22, 2009

Just over 12 years ago, I wrote a paper Digital Horizons of the Copyright Frontier: Copyright and the Internet. A lot has changed since then to say the least. There has been plenty of new case law, that I'm not going to review. Yet the paper still though gives a good review of where copyright law developed and the challenges ahead. Since I wrote the paper, it is interesting to see the rise of open source movement/creative commons and social networking.

Open source movement/creative commons

I think it is fair to say that the internet community came together around the issue of fair use, intellectual sharing, and respecting rights way better (and faster) than Congress. The lobbyist and corporations seek a world of protectionism. While those on the Net have a bit of a different perspective. Code sharing sites and blogs are an excellent representation of that intellectual sharing spirit.

I have been particular struck by Creative Commons. Started about 4 years after my original paper, creative commons seeks a way to let individuals share and reuse content while acknowledging the creation and respecting the license they attach to their creative work. You can see a history of creative commons here. In my conclusion, I pondered what is fair use in a digital era. Creative Commons have answered this question.

Social Networking sites

A relatively newer issue has arisen with the rise of social networking sites and individuals sharing information, links, photos, etc. Who knows your photos on facebook? Does anyone read the fine print when signing up for the latest new site? This question I think the jury is still out on. While all these sites have their terms of use statements, I think the courts will eventually answer this question. Or as in the case with Facebook, user uproar will yield changes in policies.

So what are your thoughts on digital copyright and fair use in the digital era? What are the implications for online learning? Let's discuss.