QotW3: Pay to Share

Introduction

It is human nature that we want to protect the things we create, and it is only reasonable that we want to make sure the things we created remain ours and receive credit for sharing them. This is why the copyright law exists. Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works (“Copyright Office Basics,” 2006). However, one of major unresolved problems copyright faces is file sharing. File sharing is the practice of making files available for other users to download over the Internet and smaller networks (“File Sharing,” 2007, para. 1).

The Conflict

File sharing is now an extremely common online activity. More than 60 million Americans have downloaded music and the number of file sharers continues to grow rapidly (Oberholzer-Gee & Strumpf, 2005, p. 2). Usually file sharing follows the peer-to-peer (P2P) model, where the files are stored on and served by personal computers of the users (“File Sharing,” 2007, para. 1). In 2004, there were more than nine million simultaneous users on the major peer-to-peer (P2P) networks. Because physical distance is largely irrelevant in file sharing, individuals from virtually every country in the world participate (Oberholzer-Gee & Strumpf, 2005, p. 2).



Yet, sharing copyrighted materials is an infringement to the copyright law. "As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner" (U.S. Copyright Office, n.d.). Obviously, this has caused an outrage among copyright owners against the various file sharing technologies available to the public. Copyright owners are furious so they started suing P2P network companies, websites and even individuals who are distributing huge number of copyrighted files. They advertise and use campaigns to educate the public that they are breaking the law if they share or download copyrighted materials. Copyright owners also resort to psychological tactics such as associating illegal downloading to stealing, in attempts to persuade the public to boycott piracy (Motion Picture Association of America, 2005).

In light of the conflict between the people who believe that copyright infringement is acceptable and copyright owners who boycott file sharing, whose side should we take? Or should we even take sides?

A Solution

Instead of taking sides, could there be a solution that can accommodate both the content creators and the public? The answer may be negative in the minds of many, but there are actually many ideas being developed with respect to this question.

Electronic Frontier Foundation (EFF) is a non-profit organization dedicated to defending freedom in the digital world for the general public. Online distribution lowers costs and increases exposure; all that is needed are new ways for music lovers to support and pay the artists they love. (Electronic Frontier Foundation, n.d.) File sharing does not necessarily mean that content creators are always on the losing end. Most people understand that downloading copyrighted materials is illegal, but because the practice of file sharing has been around for some time, internet users who download on a regular basis are used to getting copyrighted materials at no cost.

Furthermore, many P2P applications are readily available to the public free of charge. These free P2P applications tempt people into downloading illegally. A solution proposed by EFF suggests P2P software vendors to start charging for their service. P2P software vendors start a subscription service and P2P users pay a flat fee for a monthly subscription. This way, the funds collected can be used to pay for legal licenses to copyright holders. In fact, Napster announced a subscription service in 2001 (Evers, 2001). Nevertheless, it was unsuccessful due to the lawsuits it was involved in and the lack of support by music record labels (“Napster,” 2007).

For this solution to work, both parties have to take a step backward and compromise. Copyright holders can try to see the bigger picture and consider the interests of the public. The public can be then be further educated that original creations have to be paid for, and that the subscription fees made to the P2P software vendors are used for that very purpose. In another words, copyright owners and P2P vendors need to put aside their disputes and lawsuits, and work together. In this digital age, copyright owners must accept that the content they own will be distributed on the Internet, whether they like it or not. The mindset that they must destroy all channels of file sharing should be abolished. Likewise, if the public has no ways to download copyrighted materials at no cost, they will have no choice but to either purchase a copy of the music or movie or to pay for a P2P subscription.

Conclusion

The existence of copyright laws is necessary to protect the interests of the content creators just like EFF is founded to protect the digital freedom of the public. Profiting from copyrighted materials that do not belong to you is unethical, but non-profit P2P file sharing should not be condemned by similar standards. Since the technologies of P2P networks are here to stay, content creators should put aside the grudges and look at other alternatives available for them to coexist with file sharing community.

References

Electronic Frontier Foundation. (n.d.) In Making P2P Pay Artists. Retrieved February 2, 2007, from http://www.eff.org/share/?f=compensation.html

Evers, J. (2001, January 29). Napster to launch fee-based service. Cable News Network. Retrieved February 2, 2007, from http://archives.cnn.com/2001/TECH/computing/01/29/fee.based.napster.idg/ index.html

File sharing. (2007, February 2). In Wikipedia, The Free Encyclopedia. Retrieved February 2, 2007, from http://en.wikipedia.org/w/index.php?title=File_sharing&oldid=105156182

Motion Picture Association of America. (2005). In Who are Movie Pirates? Retrieved February 2, 2007, from http://www.mpaa.org/piracy_whoAre.asp

Napster. (2007, January 31). In Wikipedia, The Free Encyclopedia. Retrieved February 2, 2007, from http://en.wikipedia.org/w/index.php?title=Napster&oldid=104501348

Oberholzer-Gee, F., & Strumpf, K. (2005). The Effect of File Sharing on Record Sales. Retrieved February 1, 2007, from http://www.unc.edu/~cigar/papers/FileSharing_June2005_final.pdf

U.S Copyright Office. (2006, July). In Copyright Office Basics. Retrieved February 2, 2007, from http://www.copyright.gov/circs/circ1.html#wci

U.S Copyright Office. (n.d.). In Definitions. Retrieved February 2, 2007, from http://www.copyright.gov/help/faq/faq-definitions.html#infringement