The Need to Revise Copyright Law to Reflect the Changing Costs and Benefits of Modern Digital Reuse of Artistic Creations

Date

2022-01-04

Contributor

Advisor

Department

Instructor

Depositor

Speaker

Researcher

Consultant

Interviewer

Narrator

Transcriber

Annotator

Journal Title

Journal ISSN

Volume Title

Publisher

Volume

Number/Issue

Starting Page

Ending Page

Alternative Title

Abstract

Copyright law has always sought to maximize the quantity of valuable creative works available to society. While protecting the creative artists is essential, it is in some sense incidental; the reason to protect the artist is that them, there would be nothing to copy. As new digital technologies for transforming artistic works gain in capability, the ease of producing innovative and valuable works based on the reuse of prior work increases, meaning that society can now benefit from an increased supply of works based on the reuse of others. This suggests that restrictions on reuse that were considered optimal in the past should now be relaxed. We suggest changes to copyright law to achieve this new optimum. We suggest that artistic merit should once again be considered relevant to copyright law, in this case to determine when artistic works should be permitted to reuse works still subject to copyright protection. We retain the concept of originality in deciding when works based on reuse should themselves be granted copyright.

Description

Keywords

Strategy, Information, Technology, Economics, and Society (SITES), copyright law, digital reuse of performance, digital transformation, reperformance

Citation

Extent

10 pages

Format

Geographic Location

Time Period

Related To

Proceedings of the 55th Hawaii International Conference on System Sciences

Related To (URI)

Table of Contents

Rights

Attribution-NonCommercial-NoDerivatives 4.0 International

Rights Holder

Local Contexts

Email libraryada-l@lists.hawaii.edu if you need this content in ADA-compliant format.