Creativity in Unoriginality: The Impact of Outdated Copyright Laws
Pablo Picasso once said, “good artists borrow, great artists steal.” This famous quote challenges the idea that creativity is absent without originality. Many of the most popular products today were re-invented or re-discovered in different ways and contexts, reaffirming the influence of inspiration across the globe.
Now, this idea does not pertain to plagiarism, fraud, or theft. Instead, the objective of this theory is to see and create things from different perspectives, contributing to the plethora of advancements and economic growth in the past years. Considering the constant technological development and revolutionary changes being introduced, it is reasonable to deduce that copyright laws are on track to becoming obsolete at the end of the 21st century.
Copyright Across the Globe
The ownership of rights to the use and distribution of certain works are controlled by copyright laws, with the rules set in these regulations varying across the globe. Canadian law protects all original works, with the affirmation that all conditions set out in the Copyright Act have been met, for the life of the author and a period of 50 years following the end of that year.
In both the United States and the United Kingdom, recent works may be protected by copyright until the next century, as copyright lasts for 70 years after the death of the author. This is especially prevalent in literary, production, and technological industries; however, emerging technologies continue to raise questions about the copyright systems built around a law more than 40 years old.
The World’s Evolving. So’s Technology.
The endless innovations that have arisen through technological advancements have increased the ease of access for duplicate creations, allowing consumers to purchase music, books, and other items at a discounted price. Previously long duplication processes have decreased immensely in recent years, making it easy to purchase copies of entertainment items. For example, compact disks containing original versions of music have been reproduced and turned into digital forms on Spotify, Apple Music, and other streaming services. Original songs are edited to high frequency and reverbed by many TikTok creators and are often uploaded to a plethora of music streaming platforms. Although copyright owners take the necessary steps to protect their work from being accessed and reproduced illegally, digitalization has allowed consumers to gain access to and utilize materials produced by media sources.
Broad and Outdated Terms
While copyright laws protect against plagiarism, they do not consider the ease of transferable information that the digital age has introduced. GIFS, small businesses, free movie streaming platforms, and similar product manufacturers may violate the terms of copyright law. However, the breadth of the violations is very common and wide scale. Information may easily be transferred, as the digital era has changed the way these transactions may be performed. The market for product modifications generates significant incentives for innovation and investment in complementary assets. This will create additional options and diverse opportunities for individuals in need of product modifications, embracing the varying demands of consumers.
Sheeran’s Coincidence
The spread of culture accelerated by digital technology demonstrates the need for shortened protection periods. The rise of streaming on platforms such as Spotify and YouTube has led to a surge in high-profile copyright infringement cases in the past few years. In 2018, Ed Sheeran was sued by Sami Switch, who claimed the hook in Sheeran's “Shape of You” track was strikingly similar to a refrain in his own song. Sheeran later won the case, expressing that “coincidence is bound to happen if 60,000 songs are being released every day on Spotify. That's 22 million songs a year and there are only 12 notes that are available." As music is widely produced, pop songs rely on familiar frameworks and simple melodies, allowing unintentional similarities to be extremely common throughout the industry.
Modernizing Copyright Law Globally
Considering the implications of outdated terms, countries around the world should take the appropriate steps to modernize copyright laws. One of the first amendments was the Digital Millennium Copyright Act (DMCA) in the United States, enacted in 1998. In Canada, the Copyright Modernization Act was passed in 2012, which updated the rights and protections of copyright owners to better address the challenges and opportunities of the internet. Ireland’s 2019 Act modernizes copyright law and seeks to reduce innovation barriers in the digital environment. It will also give greater protection to rightsholders while facilitating access to creative content for users and wider society. As countries consider the outdated terms of the amendments, copyright law modernization will play a significant role in driving economic growth and innovation.
What’s Next?
As the world evolves, technological advancements and innovations allow individuals to easily access resources across the globe. This consequently enables duplicates and similar products to be manufactured and purchased by consumers. Outdated terms may hinder Canadians’ ability to innovate in different industries, especially within the artistic, literary, and technological fields. Although measures may be taken to implement appropriate mechanisms to deal with the challenges resulting from the digital era, it is apparent that copyright is indeed being rendered obsolete.