Introduction
The purpose of this paper is to provide a critical analysis of the Copyright Law of the United States (Title 17) and its application in the face of evolving technology. As society evolves, laws must be updated to meet citizens’ current needs. Although Copyright Law emphasizes the importance of protecting creative work and copyright, it has limitations that limit its application in the online space. A balanced and adaptive copyright regime is needed to address emerging technological challenges, clarify fair use principles, and ensure equal access to creative works.
Background
Historical and Geographical Context
Most countries have a Copyright Law in one form or another. According to Hutukka (2023), the basis and first attempt to regulate intellectual property rights was the “droit d’auteur” established in Europe (p. 1050). This law has existed in most European countries since the 19th century, protecting authors’ economic interests.
However, the most significant regulation for the further development of the Copyright Law was the Berne Convention. It established “claiming ownership, objecting to mutilation, distortion, or other modifications of their works detrimental to the authors’ honor or reputation” (Hutukka, 2023, p. 1050). This became the basis for further developments in this area and the formation of copyright law in its modern form in most countries.
Differences and Similarities
Copyright laws vary worldwide due to differences in legal traditions, cultural norms, and economic structures. For example, in the European Union, there is no universal law, so each country sets its own legal framework to regulate authors’ rights (Hutukka, 2023). However, the basis of all laws is the protection of the economic rights of the author and everyone involved in the creation of the work, their reputation, the integrity of the work, and additional information.
In the USA, Copyright Law and its amendments are adopted by Congress in accordance with current needs in this area. Hutukka (2023) notes that “the purpose of US copyright is to promote the progress of literary and artistic endeavor” (p. 1055). In this regard, copyright applies not only to literature, but also to any other works created by artists. At the same time, the law primarily protects the works themselves against copying or unauthorized reproduction in any form.
Finally, copyright law in China is less developed, which, according to Hutukka (2023), may be due to the country’s industrial orientation, in which art and literature play a minor role. The law primarily focuses on protecting works from reproduction rather than the rights of authors.
Development of Copyright Law in the USA
In the United States, significant amendments to copyright laws have been made since the passage of the first Copyright Act in 1790. The turning point was the Copyright Act of 1976, which introduced significant changes, including a move from a system of voluntary consent to automatic protection upon creation, and an extension of the copyright term (Hatukka, 2023). This reflects the need for continuous legal transformation in response to current realities and changing social trends.
Key Principles of Copyright in the United States
The Copyright Law of the United States (Title 17) protects the rights of creators and their creations at various levels. This concerns preventing unauthorized use of unique content (United States Copyright Law, 2022). Creators have the exclusive right to dispose of the work they create independently. Moreover, the basis of this right is the notion of fair use, according to which no one can use content without indicating the author for any purpose (Copyright Law of the United States, 2022). However, constant societal changes, particularly technological developments, often lead to conscious or unconscious violations of this law.
Inadequacies of Current Copyright Law
One significant challenge to Title 17 is the rapid advancement of technology, which makes enforcement more difficult. As Rowland (2022) highlights, the digital age has fundamentally changed the landscape in which creative works are produced, distributed, and consumed. For example, the emergence and popularization of digital platforms can often lead to the proliferation of copyrighted content. These processes are difficult to control due to the widespread influence of the Internet on everyday life (Rowland, 2022). The lack of sufficient, comprehensive legal frameworks to regulate user activity in the digital space often leads to violations of the law.
Besides the law’s inconsistency with current trends, another problem is the promotion of the notion of fair use. According to Rowland (2022), the lack of clear criteria for a given concept often leads to subjective interpretations. As a result, individuals may not be aware of copyright infringement because, in their understanding, these actions are not illegal. Moreover, this problem may be exacerbated by a lack of information campaigns and public education on respecting the author’s rights and avoiding the use of content.
Adequacies of Current Copyright Law
At the same time, Title 17 is a necessary law that serves the primary purpose of protecting creative works. The law grants authors exclusive rights to reproduce, distribute, and publicly perform their works (Copyright Law of the United States, 2022). This ensures economic protection for creators and also encourages the creation of new content. Moreover, since the passage of the Copyright Act of 1976, 78 amendments have been adopted to protect creators in specific areas of activity and in line with social and technological developments (Copyright Law of the United States, 2022). This demonstrates the law’s flexibility and adaptability, creating significant potential for further changes to improve compliance.
Proposed Changes
To improve the effectiveness of Title 17 and address the challenges presented by advancing technology, several changes could be made. First, the implementation of technological protection measures could facilitate the illegal distribution of content in the digital space (Rowland, 2022). To do this, it is essential to establish clear criteria that could provide an objective basis for users when distributing content. Moreover, to increase control over fair use on digital platforms, it would be effective to involve developers in this process and promote the importance of copyright among businesses.
In addition, an important step is to conduct educational activities in this area to raise the community’s awareness of the importance of protecting authors’ rights. This may include awareness campaigns targeting both content creators and consumers. This will help create a safe environment that promotes creativity and ensures subsequent protection for authors. Moreover, educational initiatives in schools and universities could help create a generation that is aware of and promotes compliance with Title 17.
Conclusion
Copyright law exists in some form in almost all countries and aims to protect creators and their works. This means giving the author the right to dispose of the content they create independently, protecting their reputation, and preventing the illegal use of works for economic gain. However, to fulfill its function effectively, this legislation must be relevant to current social trends. The rapid development of technology and the popularization of digital platforms create new ways to use content, complicating compliance with the Copyright Law. Taking into account digitalization and educational initiatives could significantly increase the law’s relevance to modern conditions.
References
Copyright Law of the United States and Related Laws Contained in Tıtle 17 of the United States Code. (2022).
Hutukka, P. (2023). Copyright law in the European Union, the United States and China. International Review of Intellectual Property and Competition Law, 54, 1044–1080.
Rowland, T. A. (2022). A Quarterback, a Snapchat, and the future of Copyright Law on the Internet. Seton Hall Legislative Journal, 46(3), 811-837.