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The intent is good, although the application is hotly debated.

The point of copyright is to acknowledge the hard work of creators, by allowing only them to ascribe value to it and gain monetarily from it. In the US Constitution, the reason given is "to promote the advancement of science and the useful arts," essentially by making it financially viable to create for a living. Before copyright law existed, you'd write a book and print maybe 100 to sell, and I'd buy a copy but then make 2000 to sell myself--I'm devaluing your work, and taking from your income.

In all early copyright laws, it was made very clear that the term of the exclusive rights should be limited to a certain period of time, after which the work would enter the public domain. As time wears on and valuable works start edging toward the end of their term, powerful rightsholders lobby the legislature to extend the term, effectively reducing the number of works that enter the public domain, and allowing rightsholders to make more money licensing the work. Term has gone from 28 years from publication to the life of the author plus 50 years in most countries, and the life of the author plus 70 years in the US. Now, the composer of a single hit song can be assured that his rights are protected for his entire life and the life of his children.

Another complaint about contemporary copyright is it hasn't adapted well to technological advances. The laws applying to streaming audio and downloadable mp3s, for example, were written in 1919 to address the new invention of player pianos. Because the lawmakers are often overwhelmed by attempts to update the law, they turn to the more experienced members of the industry to "help," meaning large lobbying groups are essentially writing the laws themselves.

In an attempt to prevent duplication and piracy of digital files, rightsholders have used copy protection technology that doesn't allow for the unlicensed uses exempted in the law, or even unlicensed uses generally accepted in business. Until the TEACH Act exempted it, breaking DRM to make a clip reel for a film studies class counted as infringement, even though it would have been defensible under fair use.

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14y ago

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