In this paper, I will be discussing whether Vidding is considered to be Free Expression or Copyright Piracy. I will also be discussing what effects if any, creating and uploading vis to the Internet and whether or not it is an expression of free speech or infringement on intellectual property. These views will include utilitarianism, rights, and justice. Copyright laws are in place to try to control the illegal act of piracy.
According to our text “Business and Society…,” vidding is the application of creating new videos by taking existing clips from the entertainment media and blending them with a song. This new form of creativity or self-expression can be downloaded or uploaded using different formats and made available on …show more content…
the computer and Internet. Since the popularity of this form of entertainment has grown at an enormous pace, legal questions about copyright protection versus free speech has been raised of the entertainment industry (Lawrence & Weber, 2011).
The legal definition of piracy refers to copyright violations. Vidding is a form of piracy, which includes the unauthorized storage, reproduction, distribution, or sale of intellectual property – such as, music CDs, movie videocassettes, and some fashion designs. In this instance, the Internet has been an open warehouse to the piracy of computer software. It has been estimated that the cost billions of dollars annually to the copyright holders. Under the Copyright Act of 1993 and a 1992 federal law, which holds software piracy as a felony, charge (Encyclopedia of American Law, 2011).
The increasing controversy of intellectual-property rights has motivated a forceful debate between scholars concerning the justification for and the appropriate shape of this body of law. Utilitarians argue that the basic problem with intellectual products is that they can so easily be copied and they are “nonrivalrous” for example, ‘consumption of them by one person does not prevent their consumption by others.’ The utilitarian theory of justification of punishment is in opposition to the “retributive” theory, in which punishment is supposed to make the criminal pay for his crime. Utilitarians protest that the basis of the punishment is to prevent additional crime by either reforming the criminal or by protecting society from him while also discouraging others from committing the same crime through fear of punishment (Encyclopaedia Britannica 2011).
According to our text, humans have the right to life, safety, free speech, being informed, due process, and property.
It is considered unethical if those rights and the protection of those rights are denied for any reason. Copyright piracy is an infringement of the copywriters’ rights. Vidders claim that the use of copyrighted material such as clips from television scenes movies and music should not be considered a violation but should fall under the Fair Use exception to copyright laws. They believe that it is just free expression and we have that right (Lawrence & Weber, 2011).
Justice plays a role in the criterion of copyright piracy. U.S. Attorney General Alberto Gonzales proposed a bill that would enhance intellectual-property protections so that individuals will be prosecuted for unlawful copies of music, movies, software or other copyrighted material. This bill would allow investigators to seize assets purchased with money made from sales of copies and blank CDs that could be used to make copies later in the future. Anyone found guilty of violating copyright laws will be prosecuted and forced to pay restitution to the owner of the material in question (Moya,
2005).
In conclusion, vidding may be a free expression, but it is still in violation of the copyright law. Anytime you copy unauthorized copyright material, music or movies that are covered under the copyright law, you have committed an illegal act. These types of acts can result in retribution of sales, if for profit, and even prison. So, be careful when uploading or downloading material from the Internet or other sources.
References
Encyclopedia of American Law: piracy. (N.D.) West’s Encyclopedia of America Law, Edition 2 (2008). Retrieved March 22, 2011 from http://legal-dictionary. The freedictionary.com.
Encyclopaedia Britannica (2011). Intellectual Property Law. Retrieved from htt://www.britannica.com/EBchecked/topic911774/intellectual property law.
Encyclopaedia Britannica (2011). Effects of Utilitarianism. Retrieved March 22, 2011 from http://www.britannica.com
Lawrence, A.T. & Weber, J. (2011). Business and Society: Stakeholders, Ethics, Public Policy. (13th Edition). New York. McGraw-Hill Irwin.
Moya, J., (2005). Justice Dept. Proposes Tougher Copyright Laws. Retrieved March 22, 2011 from http://www.zeropaid.com