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| # -*- mode: org -*- | ||
| #+TITLE: The Digital Millennium Copyright Act: | ||
| #+AUTHOR: Dr Carey Pridgeon, Dr Nazaraf Shah | ||
| * setup :noexport: | ||
| #+OPTIONS: reveal_center:t reveal_progress:t reveal_history:t reveal_control:t | ||
| #+OPTIONS: reveal_mathjax:t reveal_rolling_links:t reveal_keyboard:t reveal_overview:t num:nil | ||
| #+OPTIONS: reveal_width:1200 reveal_height:800 | ||
| #+OPTIONS: toc:nil num:nil H:2 ^:{} | ||
| #+REVEAL_MARGIN: 0.2 | ||
| #+REVEAL_MIN_SCALE: 0.5 | ||
| #+REVEAL_MAX_SCALE: 2.5 | ||
| #+REVEAL_TRANS: none | ||
| #+REVEAL_THEME: night | ||
| #+REVEAL_HLEVEL: 999 | ||
| #+REVEAL_EXTRA_CSS: css/presentation.css | ||
| #+REVEAL_ROOT: https://cdn.jsdelivr.net/reveal.js/3.0.0/ | ||
| #+STARTUP: showeverything | ||
| # Licenced under Creative Commons Attribution-ShareAlike 4.0 | ||
| # International by Dr Carey Pridgeon 2020 | ||
| * The Digital Millennium Copyright Act | ||
| ** | ||
| - The Digital Millennium Copyright Act, or DMCA was brought into law in the US | ||
| in 1998. | ||
| - By implementing two 1996 treaties of the World Intellectual Property | ||
| Organization it criminalizes production and dissemination of technology, | ||
| devices, or services intended to circumvent measures that control access to | ||
| copyrighted works. | ||
| - In short, in seeks to prevent the diseminination, *by any means*, of original | ||
| copyrighted works by anyone but the copyright holder. | ||
| - This includes piracy (obviously), copying videos or DVD's. | ||
| ** | ||
| - It's legal to make a copy of any form of media you own, for personal | ||
| use. However, it is *technically* not legal to circumvent copy protection | ||
| measures. | ||
| - Since these are routinely used on almost all digital media, most people seem to assume | ||
| the personal use clause no longer exists. | ||
| ** | ||
| - Video clips from any movie can be used when creating another video, and this | ||
| is most often seen on platforms such as Youtube. | ||
| - However such use often causes those videos to be claimed by the original | ||
| content creator, even when usage falls within the realm of fair use. | ||
| ** | ||
| - Music sampling, if the result is either sold or placed online, will be a | ||
| target for litigation, as sampled songs became so popular, remixing so much | ||
| older music, the copyright holders of that music started taking the samplers | ||
| to court | ||
| - Sometimes these cases resulted in them demanding all of the profits [[https://en.wikipedia.org/wiki/Grand_Upright_Music,_Ltd._v._Warner_Bros._Records_Inc.][Grand | ||
| Upright Music, Ltd. v. Warner Bros. Records Inc.]], [[https://www.ip-watch.org/2016/06/28/us-courts-split-on-legality-of-music-sampling/][US Courts Split On Legality | ||
| Of Music Sampling]]., [[https://flypaper.soundfly.com/discover/5-music-copyright-cases-every-songwriter-should-know-about/][5 Music Copyright Cases Every Songwriter Should Know About]] | ||
| ** Is The DMCA Fair | ||
| - One thing it set out to do was remove fair use, because fair use isn't | ||
| profitable. | ||
| - I own a good number of DVDs. If the full force of the DMCA were allowed to | ||
| take hold I would be forced to replace my entire collection each time | ||
| technology advanced to the point my current collection became unusable. This | ||
| happened to my audio cassettes, and to my video tapes (although both of those | ||
| wore out through re-use, so we'ren't that good anyway). | ||
| ** | ||
| - Some things, like my BBC Shakespeare play DVD boxset, can't be so easily | ||
| replaced. Others got their soundtracks replaced because obtaining the rights | ||
| to the original music used again would cost too much for such obscure shows. | ||
| - If they get re-released at all, why do this when there's streaming now. | ||
| - Much better to have a reguler income from customers who will be impressed by | ||
| 'hundreds of shows available', but likely only watch the new ones. | ||
| ** | ||
| - Without private copy rights, Lots of these shows wouldn't be available. Once | ||
| streaming replaces personal ownership completely, there won't be any option to | ||
| flick through your old collection. That has more appeal than you might think. | ||
| - Mind you, DVD itself is a dead format, private *digital* copies are the future, | ||
| and I think this is what most concerns copyright protection people, since | ||
| digital copies can be shared. | ||
| - However, so could filmstock (more on this later), and audiotape, then | ||
| videotape and DVD. None of that, including online piracy, has brought down the | ||
| music, movie or television industries. Producing terrible content no-one's | ||
| interested in buying's done most of the harm. | ||
| ** Let's talk about Hollywood | ||
| - One of the groups that wield the DMCA most is Hollywood, using it to protect | ||
| their movies, (currently, for some bizarre reason, from being used in Youtube | ||
| videos which would actually raise the profile of their products, but I don't | ||
| get how they work, which they either take over, monetise or take down). | ||
| - Disney in particular have had US Copyright extended *specifically* to enable | ||
| them to retain ownership of their Mickey Mouse character. Loads of content | ||
| would now be in the public domain were it not for Disney's desire to retain | ||
| ownership of the mouse. | ||
|
|
||
| ** | ||
| - What's really interesting is how Hollywood started. A group of film makers ran | ||
| all the way to California (a long distance at the time) to get away from this | ||
| guy, Thomas Edison, and his fim camera patents and copyrights, because his | ||
| rights enforcement was so severe it prevented them from making any significant | ||
| profit. | ||
| [[file:img/Thomas_Edison.jpg]] | ||
| ** | ||
| - Yet at the same time Edison took the entire catalogue of pioneering french | ||
| film maker Georges Méliès, now known as the pioneer of film special effects, | ||
| inventing many of those we know today more than a hundred years ago. | ||
| - By releasing his entire catalogue of movies and taking credit, he stole | ||
| millions of dollars from Méliès. Lacking the financial buffer this would have | ||
| given him this, among too many pressures to list here, caused him to die | ||
| bankrupt [[https://en.wikipedia.org/wiki/Georges_M%C3%A9li%C3%A8s][Wikipedia page on Méliès]] | ||
| [[file:img/George_Melies.jpg]] | ||
| ** | ||
| - One could make the argument the DMCA exist because the US has learned from | ||
| their mistakes, but as these mistakes seem to be ongoing, with the oppression | ||
| of new artists, and software developers trying to create innovative products, | ||
| I doubt this the case. | ||
| - Microsoft cofounder Paul Allen, in spite of being a billionaire, has filed | ||
| patent and copyright infringement cases against Apple, AOL, Facebook, Google, | ||
| and anyone his *definitely not a patent troll* company can find who might be | ||
| infringing on one of the many thousands of patents they've managed to buy up. | ||
| - Since buying thousands of vaguely worded software patents and then suing | ||
| companies with them is exactly how patent trolls behave, it's kind of | ||
| difficult to think this isn't exactly what they are. | ||
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| ** Obligatory XKCD | ||
| file:img/DMCA.png | ||
| - Copyright: | ||
| - Mirrored to avoid bandwidth stealing | ||
| ** Licence for this work | ||
| - Licensed under Creative Commons Attribution-ShareAlike 4.0 | ||
| International by Dr Carey Pridgeon 2020 | ||
| - (Licence does not cover linked images owned by other content creators) |
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