Lecture 21: Copyright Law Adapts to New Technology

Summary

This video explores how copyright law in the United States has evolved in response to technological advancements and changes in consumer behavior. Starting from the 19th century, technological innovations such as photography and mechanical music reproductions expanded the scope of copyright. Major reforms like the Copyright Act of 1976 and the DMCA of 1998 were introduced to address new media, cable TV, and digital content. The lecture covers significant legislative changes including the Computer Software Rental Act of 1990, Audio Home Recording Act of 1992, and the Sonny Bono Copyright Term Extension Act of 1998. It also discusses landmark court cases and the contentious debate over copyright duration, especially highlighting the influence of industry players like Disney in extending copyright terms. The narrative showcases how copyright law continues to adapt to innovations like digital distribution, while balancing the interests of creators and the public.

Highlights

• Copyright has expanded over time to include various media like photography, movies, and digital software. 🌟
• The Copyright Act of 1976 extended protections to new media, bringing reforms to fair use and international alignment. 📜
• The Berne Convention of 1988 required US compliance, paving the way for cross-border copyright protection. 🌐
• Computer Software Rental Act of 1990 restricted unauthorized software rentals, aiming to protect developers. 💾
• Audio Home Recording Act of 1992 introduced tech measures and royalties to curb music piracy. 🎧
• DMCA acts as a bulwark against digital content circumvention, holding platforms accountable for user infringements. 🚫
• Sonny Bono Act's extension of copyright terms benefited big corporations like Disney, stirring debate. 🏰
• Napster cases highlight the continuous battle between copyright laws and technological advancements. 🔄

Key Takeaways

• Copyright law is ever-evolving, adapting to tech changes like photography and movies in the 19th century. 🎥
• The 20th-century brought major overhauls, like the Copyright Act of 1976, adjusting laws for cable TV and fair use. 📺
• International agreements like the Berne Convention pushed the US to align with global standards by 1989. 🌎
• Emergence of personal computer software in the 80s led to the Computer Software Rental Act of 1990 to combat piracy. 💻
• Audio Home Recording Act of 1992 required tech to prevent music piracy and imposed royalties on devices. 🎶
• DMCA of 1998 attempted to curb digital piracy, affecting how online platforms manage copyrighted content. 🔒
• Sonny Bono Copyright Term Extension Act of 1998, influenced by Disney, extended copyrights but sparked debates over duration. 🕰
• Ongoing legal battles like Napster emphasize the tension between tech innovation and copyright enforcement. ⚖

Overview

In the ever-evolving world of technology, copyright laws have been on a rollercoaster ride. From the 19th century's inclusion of photographs and music reproduction to the seismic shifts in the 20th century, the legal framework had to catch up swiftly. The Copyright Act of 1976 was a major milestone, expanding protections and aligning closer with international copyright norms.

Fast forward to the age of computers and digital media, and the stakes got even higher. With the rise of personal computers, the Computer Software Rental Act of 1990 was a necessary step to counteract piracy. Similarly, the Audio Home Recording Act of 1992 introduced tech solutions to shield music industries from rampant copying, ensuring creators get their fair share even as technology advanced.

More recent developments saw the digital sphere becoming a minefield of legal challenges. The Digital Millennium Copyright Act of 1998 set the stage for stringent digital protective measures, while the contentious Sonny Bono Copyright Term Extension Act of the same year fueled debates about how long copyrights should last. These changes underscore the ongoing tug-of-war between safeguarding creators' rights and adapting to the unstoppable march of technology.

Chapters

• 00:00 - 00:30: Introduction The chapter titled 'Introduction' explores how technological advancements have influenced copyright law in the United States. It discusses the historical context, mentioning how both Congress and the courts have continuously adapted to new types of copyrighted media and methods of distribution and consumption. Specifically, in the 19th century, copyright began to encompass a variety of new technologies.
• 00:30 - 01:00: Early Developments in Copyright Law In the chapter titled 'Early Developments in Copyright Law', the discussion focuses on the evolution of copyright law in response to advancements in technology such as photography, mechanical reproductions of music, and movies. Significant legal reforms occurred during the 20th century, particularly in the 1960s and 70s. Notable court cases such as Fortnightly Corporation vs. United Artists in 1968 and Teleprompter vs. CBS in 1974 played pivotal roles in shaping copyright law by addressing whether rebroadcasting television shows over cable television infringed on existing copyrights.
• 01:00 - 02:00: Significant Modifications with the Copyright Act of 1976 The chapter discusses the significant modifications introduced by the Copyright Act of 1976, marking the most substantial revision of copyright law since 1909. The act extended copyright protection to works transmitted via cable TV and made major changes including codifying fair use into statutory law. It also provided copyright protection as soon as a work was fixed in a tangible form, regardless of whether it was registered.
• 02:00 - 02:30: International Compliance with the Berne Convention This chapter discusses the United States' steps towards compliance with international copyright law, focusing on the Berne Convention. In 1988, the U.S. agreed to the Berne Convention and became a member in 1989. The Convention aimed to ensure fair and reciprocal copyright protection among member nations. Although it did not establish an international copyright, it necessitated amendments to U.S. copyright law to align with specific provisions of the Berne Convention.
• 02:30 - 03:00: Computer Software Rental Act of 1990 The chapter discusses the Computer Software Rental Act of 1990, addressing the copyright issues that emerged with personal computer software in the 1980s. During this period, there was significant lobbying by software companies and independent developers for legislative measures to curb illegal copying of copyrighted software. As a result, Congress enacted the Computer Software Rental Act of 1990, which prohibits unauthorized rental of software.
• 03:00 - 03:30: Audio Home Recording Act of 1992 The Audio Home Recording Act of 1992 was enacted to address issues of piracy in the digital audio field. It amended copyright law to mandate that manufacturers and importers of digital audio recording devices implement technology to prevent unauthorized copying. Although the Act was designed to curb piracy, it allowed individuals to make personal copies and permitted libraries to lend software. The Act was a legislative response aiming to protect copyrights amidst technological advancements in audio recording and distribution.
• 03:30 - 04:00: No Electronic Theft Act of 1997 The No Electronic Theft Act of 1997, influenced by the efforts of the Recording Industry of America Association (RIAA), criminalized the electronic reproduction or distribution of music without proper authorization. It also mandated the payment of royalties to copyright owners for each device sold that could copy copyrighted music. Despite the enactment of this law, by 2002, the illegal sharing of approximately 3.6 billion songs per month persisted.
• 04:00 - 04:30: Digital Millennium Copyright Act of 1998 The chapter covers the legal battles surrounding music sharing sites like Napster, which facilitated illegal downloading of music. Despite Napster's claims of non-responsibility for users' illegal activities, legal cases such as A&M Records vs. Napster and Metallica vs. Napster resulted in Napster being found guilty of copyright infringement. Consequently, Napster was forced into bankruptcy in 2002. The chapter also touches upon the Digital Millennium Copyright Act (DMCA) of 1998 and digital rights management (DRM) technologies.
• 04:30 - 05:30: Sonny Bono Copyright Term Extension Act of 1998 In this chapter, the focus is on the Sonny Bono Copyright Term Extension Act of 1998, which was a pivotal moment in copyright law. The act primarily aimed to prevent piracy and was heavily lobbied by companies in the content industry, leading to the development and passing of the Digital Millennium Copyright Act (DMCA) of 1998. This law made it a criminal offense to distribute technology or services designed to bypass DRM (Digital Rights Management) measures that control access to copyrighted materials. Additionally, it heightened the penalties for copyright infringement on the Internet. Despite its strict measures, the DMCA offered concessions to online services that merely hosted user-generated content, thereby limiting their liability under certain conditions.
• 05:30 - 06:00: Conclusion The chapter discusses the legal liability of online services concerning copyright infringement by users. It highlights that these services are generally not held liable if they act promptly to remove infringing content once notified.

Lecture 21: Copyright Law Adapts to New Technology Transcription

• 00:00 - 00:30 [Music] how has technology affected copyright law throughout the history of copyright in the United States technological innovation and changes in consumer behavior have forced Congress and the courts to adjust to new forms of copyrighted media and new ways of distributing and consuming it the 19th century saw copyright expand to include a variety of new technologies such as
• 00:30 - 01:00 photography mechanical reproductions of music and eventually movies but those changes were small compared with the advances of the 20th century which required significant changes to u.s. copyright law in the 1960s and 70s early court cases like fortnightly corporation versus United Artists in 1968 and teleprompter versus CBS in 1974 held that rebroadcasting television shows over cable television did not infringe the copyright in those shows because it
• 01:00 - 01:30 was not a performance however the Copyright Act of 1976 the most significant revision of copyright law since 1909 extended copyright protection to works performed over cable TV the Copyright Act of 1976 made several other major changes it codified fair use in two statutory law and granted copyright protection as soon as a work was put in tangible form rather than only when it was registered it also began to bring
• 01:30 - 02:00 the u.s. into closer compliance with international copyright law 1988 the Berne Convention in the international sphere meanwhile the United States finally agreed to the Berne Convention in 1988 and joined in 1989 the purpose of the Convention was to ensure fair and reciprocal copyright protection for member nations although it did not create an international copyright it did require the United States to amend its copyright law to comply with certain Berne provisions but overall the
• 02:00 - 02:30 convention facilitated cross-border protection of creative works while leaving most details of copyright laws to the Member States computer software a rental Act of 1990 the next major copyright issue arose with the emergence of personal computer software in the 1980s software companies and independent developers lobbied Congress to curtail illegal copying of copyrighted software in response Congress passed the computer software rental Act of 1990 prohibiting the
• 02:30 - 03:00 unauthorized rental lease or lending of a computer program for commercial gain individuals however could still make personal copies for their own use and libraries were permitted to lend software audio home recording Act of 1992 hoping to prevent similar piracy in the emerging digital audio field the audio home recording Act of 1992 amended copyright law to require manufacturers and importers of digital audio recording devices to install technology to prevent
• 03:00 - 03:30 illegal copying of copyrighted music it also mandated that royalties be paid to copyright owners for every device sold no electronic Theft Act of 1997 the Recording Industry of America Association or RIAA successfully lobbied Congress to enact the no electronic Theft Act of 1997 making it a criminal offence to reproduce or distribute music electronically nonetheless by 2002 some 3.6 billion songs a month were still
• 03:30 - 04:00 being downloaded illegally thanks to music sharing sites like Napster Napster claimed that they should not be held responsible for any illegal downloading committed by users but in court cases like a.m. wreckers vs. Napster and Metallica vs. Napster judges and juries repeatedly found Napster guilty of infringement and it was forced into bankruptcy in 2002 Digital Millennium Copyright Act of 1998 meanwhile digital rights management or DRM technologies
• 04:00 - 04:30 were developed in an attempt to prevent piracy of copyrighted content companies in various content industries lobbied Congress to pass the Digital Millennium Copyright Act of 1998 or DMCA this law made it a crime to distribute technology or services that could circumvent DRM measures used to control access to copyrighted media it also increased penalties for copyright infringement on the Internet but any concession to online services that merely hosted user content the dmca limited the
• 04:30 - 05:00 liability of online services for copyright infringement committed by their users so long as they acted to remove the offending content once informed of it Sonny Bono copyright term extension Act of 1998 the Sonny Bono copyright term extension Act was also passed in 1998 this law added an additional 20 years to copyright terms extending it for most works to the life of the author Plus 70 years after critics called it the Mickey Mouse
• 05:00 - 05:30 Protection Act because it extended mini copyrights held by The Walt Disney Company which lobbied strongly for the bill even Professor Richard Epstein of the NYU School of Law a staunch defender of intellectual property rights and top legal thinker believes that the copyright term of life Plus 70 years is too long my own view is that no commercial property right should ever be tied to life and the extra 70 years is far too long he argues it has the potential to create an anti Commons that
• 05:30 - 06:00 deprives the public of its rights to freely access cultural works copyrighted works should pass into the public domain after 28 years which was the approach of the founders not surprisingly the debate over the proper length of copyrights continues [Music] you [Music]