Comments on: Digital Copying and Libraries: Copyright and Licensing Considerations

By: Sean McCoy

Sean McCoy — Sat, 16 Oct 2010 22:05:13 +0000

I agree that an author deserves to be paid for their creative efforts. However, the library model serves an important role in providing access to information to those of us who do not have the capital to purchase every piece of information that we consume. If concerns for creators and their publishers’ rights to earn money off of their works were the top priority in our society, every time you borrowed a DVD from your friend without paying the distributor of the item, you should be charged with infringement. What if your friend doesn’t lend it to you, but instead invites you over to watch it at his house? Same problem as before, you have consumed the media and not paid the creators or the distributors. Of course, this is an extremist example.

The real issue here is when you have to draw a line somewhere in our law that says one method of non-commercial information distribution is ok, and another is not. Granting total control to the creators and limiting the use of the people paying them is a dangerous proposition. Copyright holders are increasingly only interested in maximising the profits to their investors and/or to themselves. Giving precedent to digital locks and the like does nothing but serve the established ranks of our cultural distributors and does little to promote the exchange of ideas that would otherwise enrich our social landscape – this is a big step backwards. There is more at stake here than the cheque books of authors and the profits of their publishers. When big companies control the consumption of the outputs of culture, the culture ceases to be our own.

By: PG

PG — Fri, 02 Jul 2010 00:54:43 +0000

This digital copying issue, particularly involving libraries, creates a clash between the old and modern technology. The library concept is often held up as the arguement against digital copyright proponents. One book can be read by 100 people and not one of them has bought it or paid for its use. Authors who create, deserve to be paid, but how?

By: Barry Sookman

Barry Sookman — Sat, 13 Feb 2010 07:50:47 +0000

Thank you for the comment. It is a long standing principle that owners of copyrights can contract away their rights. Similalry, it is a long standing principle that a person can contract not to do something that would been a fair dealing.

By: Darryl Moore

Darryl Moore — Fri, 12 Feb 2010 15:26:39 +0000

Thank you Barry for this very informative article. It is in fact, about the best demonstration if seen for why we need expanded fair use laws in this country. In addition to all the unnecessary complication of the system you describe there is this very troubling passage:

“Libraries should also realize that terms in licences will trump what might otherwise be a fair dealing exception in the Act.”

This should absolutely not be allowed or else the whole concept of fair dealings becomes worthless.