Copyright Law in Entertainment

Copyright Law in the US

Copyright Law in Entertainment is a subsection of the larger protections given by the US Government with Copyright. Copyright is the power that grants people the power to protect intellectual property by monopolizing the use of such material as they deem acceptable for a certain time frame. The US Government lays this out in the US Constitution under Article 1, Section 8, Clause 8 (also known more commonly as The Copyright Clause). The US Constitution states that the US Government has the right to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. The Copyright Law in the US through the protection given in the constitution protects both companies and individuals intellectual property in the form of media such as films, videos, and music.

History

The first instance of laws protecting the intellectual property of their creators dates back to Ancient Greece. The Greek city of Sybaris around 500 BCE has evidence to show that it practiced an early form of patent laws. In modern times, copyright protection was introduced in the United Kingdom in the sixteenth century in the 1556 Charter of the Worshipful Company of Stationers and Newspaper Makers and later expanded in 1710 under the Statute of Anne. The Copyright protections of intellectual property were first established in the United States under the Constitution through The Copyright Clause. Later the United States copyright law was subject to revision in the Copyright Act of 1976 outlined in Title 17 of the United States Code.

Copyright in New Media

The Copyright Law in the US through the protection given in the constitution protects both companies and individuals intellectual property in the form of media such as films, videos, and music. The most prominent form of copyright law in the United States of America occurs on new social media platforms. Many videos, music, and films are regularly used without the owner’s permission; thus, many companies use copyright laws to take down these posts on the new social media platforms. However, the rampant use of copyrighted posts leads to very tough enforcement of the copyright laws, so many new social media platforms give companies the power to file their copyright infringement claims. This power leads to an abuse of the copyright laws in place, creating a discussion on at what point is Copyright Law still ethical.

Youtube

In 2008, the media site Youtube was purchased by Google for 1.65 billion dollars. The social media company Youtube has grown into an entity with its ecosystem over the last decade, forcing youtube to build its very own legal system. Due to this huge popularity, Youtube was overwhelmed with the legal issue that came with so many of its users creating videos on its site. Youtube copyright policy created a copyright policy based heavily on The Digital Millennium Copyright Act (DMCA). Passed in 1998, The Digital Millennium Copyright Act frees YouTube from liability when users upload infringing material without YouTube's knowledge, without requiring YouTube to actively patrol content for infringement. In exchange, Youtube would need to take down video content that violates copyright law. Youtube has a partnership program with its content creators that allows its content creators to share a portion of the ad revenue that they make from the video. Ad revenue can account for a large portion of the content creators' income. Copyright claim on a Youtube video leads to the Ad revenue of that video going to the claimer and gives the claimed Youtube channel a copyright strike. Each copyright strike significantly affects the partner’s channels and once a channel gets three strikes the channel will be terminated. To resolve a copyright strike there are three methods: Submit a Counter-notice ( a counter-notice challenging the copyright strike by proving the video does not violate DMCA), Obtain a Retraction (A retraction of the copyright strike by the copyright owner if there is an error), Wait for Expiration (the ninety-day period in which the copyright strike expires).

Problems for Youtube Content Creators

Due to the Youtube Copyright System, Youtube became a platform ripe for copyright abuse. For instance, two small content creators on Youtube known as Kenzo and ObbyRaidz got a copyright claimed by a man. This caused the two YouTubers to get their videos taken down and gain a copyright strike. After this, the man who claimed the video blackmailed the two YouTubers demanding they pay him money for him to rescind his fraudulent copyright claim. This example happens to show experiences that many content creators face. Due to the large amounts of copyright claims Youtube can not effectively check all copyright claims to be legitimate. Thus, many content creators are abused by entities that fraudulently copyright claim videos for money through ad revenue and in some extreme cases blackmail. As concerns over copyright abuse continue to occur, the question of the benefits of protection of intellectual property and the abuse of such protections becomes more imperative. Are the protections afforded to inventors absolute or is the harm that resulted from such abuses too prevalent an issue is a question that will plague Youtube going forward.

Issues with Music on Youtube

Youtube content creators such as Kenzo and ObbyRaidz claim that Youtube copyrights system is broken and needs to be changes. Similarly, Sam Rosenthal, a man who runs a small independent label named Projekt Records, hold the opinion that the Youtube copyrights system is broken and needs to be changes; however, he believes the Youtube copyrights issues are very different than Kenzo and ObbyRaidz. Sam Rosenthal is a musician who has produced electronic music for over 30 years. Originally, Rosenthal was having a thriving business with over 11 full time employees but now is left with only 2 part time employ yes in large part due to Youtube Copyright regulations. He claims an artist under him Steve Roach would regularly sell between 50,000 to 60,000 album copies; however, now, due to the accessibility illegally of the music on internet sites including Youtube, Steve Roach sells only a fractions of their previous album copy total. Rosenthal exclaims the the Digital Millennium Copyright Act that protects media companies from liability towards copyright is a problem. Rosenthal wrote a letter to Congress imploring them to make companies such as Google responsible to find unauthorized files and taking them down. Google representatives counter claim that Youtube has a Google content ID program (a program when you register the song to Google after which Google will find uploads using their song and gives the creator the monetary value for the unauthorized files or takes down the unauthorized files), and the Google content ID program has made 2 billion dollars for the right holders. Despite this according to the Recording Industry Association of America, YouTube saw a more than 100 percent increase in the number of video plays last year, but the music industry saw only a 17 percent increase in the revenue sent to artists. As the Government looks into these letters for change from Sam Rosenthal, Steve Roach, and other musicians, the question whether it is feasable for companies to able to take liability for Copyright. The US Government needs to determine weather the right holders should bear the brunt of the problems for major corparations lack of ability to protect Copyright rights. How would an increase in Copyright regulations on Youtube affect its content creators.

Music

The intellectual property in music is protected very thoroughly under the copyright laws across the United States of America for music. Under US copyright law, the protection towards a intellectual property of music is granted towards the song no matter what the song is as soon as it is fixed in a tangible medium. This means once a song is completed and published in a public channel the musical works and song recording are protected by copyright laws. However, "sound recording and the music, lyrics, words, or other content included in the recording are separate copyright-protected works" are subject different regulations. Additionally, any form of music can be registered despite already receiving copyright protection upon its conception for addition protections under law. This registration requires an application, a filing fee, and a copy of the work in order to receive the benefits of a public record of your ownership and access to federal courts in the case of infringement. However, it is not impossible to not use another artists work. According to US copyright law you must follow 3 rules: Use work that is already in the public domain, get permission from the copyright holder directly or license the work according to the terms set by the licensing contract, and rely on a statutory limitation to the exclusive rights, such as fair use or the section 115 license for musical works. If these rules are not met and music is used unlawfully and outside of the statue of limitation of the music, one is given the right to pursue legal action (generally in federal court) under copyright laws.

Refrences

Slauter, Will. "Introduction". Who Owns the News?: A History of Copyright, Redwood City: Stanford University Press, 2019, pp. 1-14. https://doi-org.proxy.lib.umich.edu/10.1515/9781503607729-002

https://www.bbc.co.uk/news/technology-47227937

https://www.copyright.gov/title17/title17.pdf

https://www.archives.gov/founding-docs/constitution-transcript

Bailey, J. (2017). How Copyright Law Works for YouTube. Copyright & New Media Law Newsletter, 21(4), 5–7. https://proxy.lib.umich.edu/login?url=https://www-proquest-com.proxy.lib.umich.edu/trade-journals/how-copyright-law-works-youtube/docview/1985544197/se-2?accountid=14667

https://www.copyright.gov/engage/musicians/#:~:text=The%20Two%20Types%20of%20Work,are%20separate%20copyright%2Dprotected%20works.

Collaborative Writing Exercise: Copyright law in the entertainment industry can raise ethical issues related to the balance between protecting the rights of creators and the rights of consumers. For example, some argue that strict copyright laws can stifle creativity and limit the public's access to works, while others argue that more lenient laws can lead to piracy and devalue the work of creators. With strict copyright laws, consumers may have trouble accessing certain content due to higher prices. However, when copyright laws are more lenient, this can harm the creators. Copyrights are in place to protect a creator's intellectual property and make sure that they are properly compensated for their work, and to make sure that their work cannot be stolen or copied.

Sources: https://www.pbs.org/standards/media-law-101/copyright-fair-use/#:~:text=Copyright%20law%20protects%20original%20works,such%20works%20in%20limited%20circumstances.

https://www.luc.edu/digitalethics/researchinitiatives/essays/archive/2016/copyrightinthedigitalagehowthetppextendsaflawedandharmfulpolicy/