Open Access News

News from the open access movement


Sunday, September 14, 2008

Impact of mass digitization on copyright

Georgia K. Harper, Mass Digitization and Copyright Law, Policy and Practice, presented at Monopoly: Playing the Innovation Game (Adelphi, Md., May 28-30, 2008).
... Today I am going to focus on the fact that the [copyright] landscape will change, but not because Congress will have implemented a different public policy by then. Rather, Congress has already become sidelined and will likely stay that way, by its own modus operandi: “negotiations among the stakeholders” are a sham. We can no longer pretend that locking the powerless in a room with the powerful will produce a compromise in the public interest. And when the powerful are locked in a room with each other, the result is no better. There are moneyed interests on both sides of the policy debate surrounding the scope and length of copyright protection, and neither of them has a clear advantage anymore. Something else has got to become the tie-breaker. ...

In short, the copyright industries’ inability to implement their visions of copyright policy in an environment where polarized forces nullify nearly every effort since the [Digital Millennium Copyright Act], has created a legislative vacuum that the industries themselves are filling by practical adaptation to the realities of the digital networked environment. They didn’t come to this strategy willingly. They have been resisting it for more than a decade. They will be, in the end, forced by consumer resistance, mass digitization projects and the sheer enormity of the mass of freely available online content, to come to grips with their futures. ...