CULT3020

1. Stacey Reibelt
c3110360

2. Overview
 Definition of copyright
 History of copyright
 Copyright in Australia
 Fun Fact!
 Impacts of Digital Technology- The modern age
 Australian example- James Burt
 Statistics
 So how do we stop it?
 Conclusion
 Still confused?
 References

3. Definition of Copyright
 In the United States, Copyright is defined as “a form
of protection provided by the laws of the United States
to the authors of “original works of authorship,”
including literary, dramatic, musical, artistic, and
certain other intellectual works.”(United States Copyright Office, 2007-2008: 1)
 It is available to both published and unpublished
works.

4. Definition of Copyright
 United States copyright also gives the
owner of copyright the following rights:
 To reproduce the work in copies or
phonorecords;
 To prepare derivative works based upon
the work;
 To distribute copies or phonorecords of
the work to the public by sale or other
transfer of ownership, or by rental, lease,
or lending;
 To perform the work publicly;
 To display the work publicly.
(United States Copyright Office, 2007-2008: 1)

5. History of Copyright
In 1436, the advent of movable type caused an explosion in books
across Europe. This created an immediate need for protection of
creative works for the authors and publishers.
In 1710, the world’s first copyright law The Statute of Anne was
enforced. This law secured the rights of authors and inventors.

6. History of Copyright
In 1436, the advent of movable type caused an explosion in books
across Europe. This created an immediate need for protection of
creative works for the authors and publishers.
In 1710, the world’s first copyright law The Statute of Anne was
enforced. This law secured the rights of authors and inventors.
In 1790, the first American copyright law was
passed by Congress.
In 1887 The Berne Convention was created which enforced
certain standards and minimum levels of copyright protection.
This was enforced due to the increase in production and
distribution of books throughout Europe and North America.
(History of Copyright, 2005).

7. Copyright in Australia
 Australian Copyright Act 1968 is
run under federal legislation. A
copy of the act can be downloaded
here
 The Australian Copyright Act 1968 is
slightly different to United States
Copyright previously mentioned.
There is no specific definition but
rather a set of points....

8. Copyright in Australia
 Under the Australian copyright law, copyright protection is free and
applies automatically when material is created.
 There is NO registration system for copyright in Australia.
 Copyright does not protect ideas, information, styles or techniques.
 Copyright does not protect names, titles or slogans.
 There are no general exemptions from copyright law for non-profit
organisations.
 There are some situations where copyright law allows people to use
copyright material without permission for their own personal use,
but these are narrow and specific.
 Generally, Australian copyright law applies to actions that take place
in Australia, even if the material used was created or first published
in another country. (Australian Copyright Council, 2007: 1)

9. Copyright in Australia
 Most importantly,
 “Copyright law creates incentives for people to invest
their time, talent and other resources in creating new
material – particularly cultural and educational material
– which benefits society.” (Australian Copyright Council, 2007: 1)

10. Yay! Fun Fact!
Did you know that the Disney
company fought for a longer
copyright period as Mickey
Mouse (and many other
lovable characters) were about
to copyright expire?
Copyright was extended
another 20 years, saving
Mickey Mouse and his friends
from the public domain.
(Besser, 2000)

11. Impacts of Digital Technology
The Modern Age
Mashups/ Remixes
Creative Commons
YouTube
Torrent downloads

12. Impacts of Digital Technology
The Modern Age
 Mashups/ Remixes. What are they?
Remix is the reworking or
adaptation of an existing work. It
may be subtle or completely
change the original work. (Lamb, 2007).
“Mashups involve the reuse, or remixing,
of works of art, of content, and/or of data
for purposes that usually were not
intended or even imagined by the original
creators.” (Lamb, 2007: 14)

14. Impacts of Digital Technology
The Modern Age
 Mashups/ Remixes
 “In recent years, with the emergence of Web 2.0, the ability to
copy, to combine, and to remix has been extended.” (Lamb, 2007: 14).
 The rise of digital media has led to increased levels of activity
and imagination.
 Digital technology has also led to easier distribution, copying
and manipulation of media; leading and supporting mashups
and remixes. (Lamb, 2007)

15. Impacts of Digital Technology
The Modern Age
 Mashups/ Remixes
 So what does this mean for copyright?
 With digital technology such as the Internet, copyrighted material can
be easily accessed and edited. This may lead to many copyright
infringements and illegal distributions. However, by restricting the use
of existing material, creativity and entertaining works could be
constrained.
 In order to prevent this from happening should copyright be changed
to incorporate technology? Or should mashups and remixes of
copyrighted material be banned?

16. There may be an answer...

17. Impacts of Digital Technology
The Modern Age
 Creative Commons- What is it?
Visit http://www.creativecommons.org
Also known as CC, Creative Commons is a
set of licenses that provide middle ground
between “restrictive copyright and the
public domain.” (Lamb, 2007: 18).

18. Impacts of Digital Technology
The Modern Age
“Our mission
Creative Commons develops,
supports, and stewards legal and
technical infrastructure that
maximizes digital creativity,
sharing, and innovation.” (Creative Commons, N.D)

19. Impacts of Digital Technology
The Modern Age
•Creative Commons provides a set of copyright licenses
and tools that allows certain copyrighted material to be
used.
•It is a simple, standardized way of allowing works to be
used with a ‘some rights reserved’ approach. Great for
educational, scientific and creative uses.
•Content can be copied, edited, distributed, remixed and
built upon without breaching copyright legislation; great
for today's western society. Check it out!

20. Impacts of Digital Technology
The Modern Age
 YouTube- About me.
 YouTube is a website that provides the streaming of
video material. “The videos available on YouTube
include home videos and remixes, up-to-the-minute
television excerpts, music videos, trailers,
commercials, and highlights from television history
posted by users.”(Hilderbrand, 2007: 48)

21. Is this
infringing
Copyright?
What about
this?
YouTube. Screen capture taken on the 20th October, 2011: 2:20pm. http://www.youtube.com/

22. Impacts of Digital Technology
The Modern Age
 YouTube
 TV episodes are often
uploaded almost straight
after TV airing, however
most footage is taken
offline within a few
hours of the post. This is
so common that many
bloggers note this will
happen and suggest
viewers watch it asap.
(Hilderbrand, 2007)
YouTube, South Park Mac vs. PC. Screen shot taken 20th October, 2011: 2:36pm.
http://www.youtube.com/watch?v=Id_kGL3M5Cg

23. Impacts of Digital Technology
The Modern Age
 So...how long will YouTube survive when so many
people are against free access to copyrighted material?
 Since the law says no to free viewing, will YouTube
soon become
extinct?

24. Impacts of Digital Technology
The Modern Age
 In March 2007, Viacom sued YouTube and
Google for $1 billion as YouTube refused to
remove Viacom’s shows such as The Daily
show, The Colbert Report and South Park from
their website. (Hilderbrand, 2007: 55)
 If such media conglomerates continue to sue
for copyright infringement a lot of material
access will become highly restricted.

25. Impacts of Digital Technology
The Modern Age
 Professor Hilderbrand from the University of
California argues that YouTube is not promoting
piracy but rather providing easy access to material.
 “To be clear, I am suggesting that YouTube does not
promote willy-nilly piracy but rather enables access
to culturally significant texts that would otherwise
be elusive and the ability to repurpose videos in the
creation of new derivative works.” (Hildebrand, 2007: 56)

26. So what do you think??

27. Impacts of Digital Technology
The Modern Age
 Torrent Downloads- what are they?
 Torrent Downloads are a peer- to- peer (P2P) file sharing
service that allows large files to be downloaded relatively
easy.
 Torrents are the best way to transfer large files over the
Internet.
 “A user wanting to download a file (a "peer") can literally
obtain small pieces of it from multiple computers ("seeds").
(Vuze, N.D)
 However, Torrent downloading uses a lot of bandwidth
which is bad for Internet Service Providers and your bill!

28. Here is an example of Peer- to- Peer File Sharing...
Information
is
distributed
to multiple
computers
This
information
may be
subject to
copyright

29. Impacts of Digital Technology
The Modern Age
 Torrent Downloads
 BitTorrent is currently the world’s most used Torrent
website, but research shows that most of this content
is copyright protected.
 Downloading or distributing such content results in
copyright infringement and can lead to large fines or
even jail sentences...

30. Impacts of Digital Technology
The Modern Age
 Torrent Downloads
 “A recent report from torrent site KickassTorrents, however,
found that the most popular searches on BitTorrent during
2010 were for Blockbuster Hollywood movies and porn. The
top 10 search terms included Inception, Iron Man 2, 2010, XXX,
French, Avatar, Dvdrip, Despicable Me, Porn, and Clash of the
Titans.” (Albanesius, 2011:1)
 The Oscar-winning movie The Hurt Locker is another victim of
illegal downloading. It has been illegally downloaded about
10 million times since its release, according to the Academy of
Motion Picture Arts and Sciences. (Menn, 2011: 1)

31. Impacts of Digital Technology
The Modern Age
 Torrent Downloads
 Another example is Vuze 4.2. This program allows users to
search and download movies, games, software, music and
more.

32. Impacts of Digital Technology
The Modern Age
 Torrent Downloads
 When using Vuze 4.2, both
legal and illegal file sharing
occurs.
 This new technology negatively
impacts on copyrighted
material as access is so easy.
 A user can simply send or
receive pieces of files, allowing
the file to distribute faster.

33. However....

34. Impacts of Digital Technology
The Modern Age
 Not all torrents are bad!
 There are some legal torrent sites such as
www.legaltorrents.com
 Sites such as this guarantee that all content is legally
downloadable and will not infringe copyright.
 These sites also help promote the protection of
copyright and provide Internet users with other
options.
 Many companies and Internet Service Providers are
currently searching for answers to block illegal
downloads.

35. Here is an Australian example of
copyright infringement due to digital technology....

36. Australian Copyright Infringement
Woops!
 James Burt of Brisbane illegally
copied and uploaded to the
Internet Nintendo Co Ltd’s Super
Mario Bros Wii game in 2009. This
game was yet to be released to the
public and therefore resulted in
massive losses for Nintendo. The
game was found to be downloaded
more than 50 000 times over a 5
day period. Burt was ordered to pay
$1.5 million to Nintendo to
compensate loss of sales as well as
pay $100 000 of their legal costs.
(Addisons, N.D)

37. Statistics

38. Approximately 23.8% of global
Internet traffic is infringing,
with Bittorrent specifically
accounting for almost half of
that amount. (Envisional Ltd, 2011:1)
Bittorrent is the most popular
file downloads system online. “An
analysis of the top 10,000 swarms
[on Bittorent] found that
pornography (35.8%), film
(35.2%), and television (12.7%)
were the most popular content
types.” (Envisional Ltd, 2011: 1)

39. On the day of this analysis, 11.5m
peers were seeding or
downloading copyrighted film
content, 2.4m peers seeding or
downloading copyrighted
television content, and 3.2m
pornography. (Envisional Ltd, 2011: 2)
Excluding pornography, only one swarm
[people offering downloadable material] in the
top 10,000 offered legitimate content and
99.24% of all material in the top 10,000
swarms was copyrighted. (Envisional Ltd, 2011: 1)

40. 29 million American adults,
(13% of all adults), have
downloaded or watched
illegal copies of movies or
TV shows online. (MPAA infographic, N.D.)
$58 billion in economic
outputs is lost to the U.S.
Economy annually due to
copyright theft. (MPAA infographic, N.D.)

41. So How Do We Stop It?
 In an article by the Financial Times, 5 of the US’s largest internet-
access companies have pledged to reduce piracy. The pledge will
terminate internet access for users identified as large serial pirates.
Consumers downloading illegal content will receive up to 6 warnings
via email and pop-ups before having their internet speed cut until they
contact their provider.
 Verizon’s (one of the 5 large companies) general counsel Randal Milch
stated that “this is a sensible approach to the problem of online
content-theft and, importantly, one that respects the privacy and rights
of our subscribers.” (Menn, 2011: 1)
 France and the UK have recently approved “three-strikes” laws to
disconnect three-time pirates, but no-one has yet been cut off.
(Menn, 2011: 2)

42. Conclusion
 To conclude, digital technology has had a major
impact on copyright and copyrighted material. With
technology such as the Internet and the programs
used in conjunction with it, access to copyrighted
material has increased dramatically.
For such works to continue to be protected, new
measures must be taken. Owners of copyright as well
as Internet Service Providers need to protect
copyrighted material at any means possible. This can
include blocking certain programs (like torrents) or
creating new ways to prevent illegal copying.
If such measures prove unsuccessful, the Copyright
Act may need to be adjusted to account for new digital
technologies.

43. Still unsure about copyright?
Want to watch a cool video?
Copyright, What’s Copyright?
http://youtu.be/0QiO_H0-ok8

44. References
 Addisons. N.D. Game Over as Australian Copyright Pirate Walks the Plank. Online available at
http://www.addisonslawyers.com.au/documents/doc-108-copyright.pdf [accessed 20th October, 2011]
 Albanesius, C. 2011. BitTorrent Tops 100M Users, 400K Daily Downloads. Online available at
http://www.pcmag.com/article2/0,2817,2375017,00.asp#fbid=iMjlVBNrYw9 [accessed 22nd October, 2011]
 Australian Copyright Council. 2007. An introduction to copyright in Australia (G010). Online available to download at
http://www.copyright.org.au/find-an-answer/ [accessed 21st October, 2011]
 Besser, H. 2000. Recent Changes to Copyright: Attacks Against the Public Interest. Online available at
http://besser.tsoa.nyu.edu/howard/Papers/copyright99.html
 Creative Commons, N.D. About. Online available at http://creativecommons.org/about [accessed 21st October, 2011]
 Envisional Ltd. 2011. Technical Report: An Estimate of Infringing Use of the Internet- Summary. Online available at
http://www.mpaa.org/Resources/8aaaecf5-961e-4eda-8c21-9f4f53e08f19.pdf [accessed 20th October, 2011]
 Hilderbrand, L. 2007. Youtube: Where Cultural Memory and Copyright Converge. Film quarterly, Vol. 61, No.1 (Fall 2007). Pp.
48-57. University of California Press. Online available at http://www.jstor.org/stable/10.1525/fq.2007.61.1.48 [accessed 21st
October, 2011]
 History of Copyright. 2005. What are copyrights? Online available at http://www.historyofcopyright.org/ [accessed 21st
October, 2011]
 Lamb, B. 2007. Dr. Mashup or, why Educators Should Learn to Stop Worrying and Love the Remix. Educause Review, July/
August 2007. Downloaded from Blackboard site CULT3020.
 Lussier, G. 2011. Infographic: MPAA Looks at ‘The Cost of Content Theft’ By The Numbers. Online available at
http://www.slashfilm.com/infographic-mpaa-cost-content-theft-numbers/ [accessed 20th October, 2011]
 Menn, J. 2011. US internet providers to target pirates. Online available at http://www.ft.com/intl/cms/s/0/1509cef0-a8ab-11e0-
8a97-00144feabdc0.html#axzz1bGfgpZtC [accessed 20th October, 2011]
 MPAA- infographic. The Cost of Content Theft by the Numbers. Online available at
http://www.scribd.com/doc/62848402/mpaa-infographic [accessed 21st October, 2011]
 Singla, P. N.D. The Manual of Life: Understanding Torrent Upgrading Speed. Online available at
http://books.google.com.au/books?id=zZEDcQMqJNoC&pg=PP3&dq=torrent+download&hl=en&ei=_vyhTrr-
C6mUiAfkkvTVDQ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CC4Q6AEwAA#v=onepage&q=torrent%20download
&f=false
 United States Copyright Office. 2007-2008. Copyright Basics. Online available at http://www.copyright.gov/circs/circ1.pdf
[accessed 21st October, 2011]
 Vuze. N.D. Our Technology. Online available at http://www.vuze.com/corp/technology.php

45. References
 Pictures edited by Stacey Reibelt using Adobe Photoshop CS5.
 Original images from:
 Sharing is caring-
http://3.bp.blogspot.com/_BQaigIqXhFs/TK6tCgNwlZI/AAAAAAAAA7s/wtm4pIDthNU/s160
0/sharing-is-caring-pic-3.jpg
 Mickey Mouse- http://mundopc.net/extension-del-copyright-en-europa-la-polemica-del-ano/
 Copyright gold symbol- http://images.laws.com/copyright/copyright-symbol.jpg
 Super mario bros 3- http://3.bp.blogspot.com/-
duH8k_KHmMs/TkS6sMVR5yI/AAAAAAAAEnw/_qR1esPIF6Q/s1600/super-mario-bros-
3+intro.jpg 3
 James Burt- http://www.smh.com.au/digital-life/games/nintendo-pirate-just-a-shy-gamer-
dad-20100210-nrlr.html
 Walle- http://roguepreacher.com/wp-content/uploads/2011/01/wallecopyrightcriminal500b.jpg
 Copyright digital age- http://themes.pppst.com/banner_copyrights_digital.gif
 Mashup- http://www.mentalfloss.com/wp-content/uploads/2007/03/headshot_mashup.jpg
 Remix-1- http://kickinthepeanuts.com/wp-content/uploads/2010/01/remix-1.jpg
 Kangaroo- http://www.sydney-australia.biz/western-australia/graphics/western-australia-
kangaroo-beach.jpg