Fair use is simply defined as allowing “limited use of copyrighted material without requiring permission from the rights holders” (Fair Use,” 2010, “Definition,” para.1). Issues of copyright infringement pertaining to fair use have been longstanding until they were ratified into the Copyright Act of 1976.
The problem with fair use is that it is generally never a cut and dry issue, but rather its issues are seemingly always more complex. Creators of different pieces of work are rightfully due credit for their works and with more and more content now days being posted online, it becomes increasingly so more difficult to police those violations. For example, an acquaintance of mine was working on her masters degree with the University of Texas at Dallas a couple years ago. She explained one time that she had been accused of plagiarism on some of her work by a professor. Come to find out there were a couple of charges brought on different classes. We hear about citing our sources and giving credit where it is due, however this hit close to home for me as I knew this person. I never fully found out the rest of the story except that she moved away and did not attend school here anymore. But the point is that you never know if and when something like this could happen. It’s easy to simply take another’s ideas and make them our own today.
Ten years ago a new type of violation of the fair use policy came to light. As we were ending 1999, the popularity of file sharing gained momentum among PC users. People, who were generally younger, had discovered a new means of getting music. File sharing applications had become popular as the Internet grew and people found that they could share items stored on their computers. One such service that was free called Napster enabled users to share copyrighted music online with other users. Then as MP3 players and shortly after the Apple iPod gained traction, what was originally a small problem had grown exponentially. A governmental agency called the Recording Industry Association of America got involved and eventually shut Napster down in 2005 while pursuing legal recourse against those who had shared content. The fair use of music was originally intended to allow end users the right to use the music on their devices, but was manipulated so that people were not paying for it. The result was the R.I.A.A. adapted itself, as did the recording industry. The government went after individuals in court cases seeking damages that were unreasonable and often unable to verify it was the named party. Meanwhile, music labels changed the fair use policies on music so that something called Digital Rights Media was placed on music to prohibit music from being illegally distributed.
Most recently, the R.I.A.A. got involved with another company like Napster. Just as before, the R.I.A.A. is trying to close a software maker LimeWire, a file-sharing client, on the violation of sharing copyrighted material that violates the fair use policies of the recording labels. Even though the software maker is not the party that owns the copyrighted material nor are they the source of it in this case, they have little control over the content. However, they are the medium through which the files are transferred. Cases like this and Napster have proven difficult to decide because these cases are all virgin territory and are setting the precedents for later cases. These file-sharing sites are also used to help undiscovered artists gain popularity and reach an audience they otherwise couldn’t. The underlying problem is that it has become increasingly difficult to go after the offending party who are masked by services, Internet providers, wireless Internet technologies, and a degree of anonymity behind an Internet Protocol address. So the solution is to get rid of the medium used to transfer the content.
Under fair use, people should be allowed to use purchased works on their different devices without limitation as specified by the labels. The question becomes, how to do this without limiting the purchasing owner’s fair use rights.
Reference:
Fair Use. (2010, June 7). In Wikipedia, the free encyclopedia. Retrieved
June 14, 2010, from http://en.wikipedia.org/wiki/Fair_use
Hoffman, I. (2001). Fair Use: Further Issues. Retrieved June 14, 2010,
From http://www.ivanhoffman.com/fair2.html
Vijayan, J. (2010, June 9). On verge of closing, P2P vendor LimeWire hope for a
Settlement. Message posted to http://www.computerworld.com/s/article/9177871/On_verge_of_closing_P2P_vendor_LimeWire_hopes_for_a_settlement?taxonomyId=126&pageNumber=2