Copyright Protection in the Digital Era: Challenges and Solutions
1st September, 2024
We live in an increasingly digital world. A growing percentage of original works of authorship are published primarily—or even exclusively—in a digital format. It is imperative that authors, artists, and other creators have the knowledge, tools, and resources that they need to protect their copyright. At ESQwire, we have extensive experience with copyright law. Our brand protection lawyers explain the key points to know about copyright protection in the digital era, including the most notable challenges and the best solutions.
U.S. Copyright Law: Copyright Protection Applies Immediately
The United States Copyright Act is the most important federal copyright law. Notably, it extends protection automatically to original works of authorship as soon as they are fixed in a tangible medium of expression. It is important to emphasize that digital content absolutely qualifies as a tangible medium of expression for the purposes of federal copyright law.
In other words, the moment an original work of authorship is created—such as a literary piece, artwork, musical composition, or written digital content—it is protected by copyright law. That means that no formal registration is required to secure copyright. With that being said, registering a copyright can provide additional (important) brand protection benefits.
Challenge #1: Digital Piracy
Digital piracy is a form of open copyright infringement. It is a serious problem. Unfortunately, digital piracy remains rampant. Unauthorized sharing and copying of copyrighted digital files are all too easily facilitated by the internet. It can occur through peer-to-peer networks, unauthorized streaming websites, and various other digital platforms.
Solution: Copyright holders have the right to challenge digital piracy. One potential strategy is to implement advanced technological measures—from things like the blockchain to improved digital watermarking—to track and control the distribution of digital content. These technologies can help identify pirated content and trace it back to the source.
Challenge #2: Globalalized Work (Jurisdiction)
Our world is increasingly globalized—especially so in the digital space. Enforcing copyright laws across international borders is complicated by differing legal frameworks and enforcement standards in various countries. Indeed, the globalization of digital content distribution poses significant challenges for copyright holders.
Solution: At the broadest level, copyright holders should promote international cooperation through treaties and agreements that standardize copyright enforcement across countries. At the more practical level, copyright holders should understand their rights and options to challenge cross-border copyright infringement.
Challenge #3: User-Generated Content
The explosion of user-generated content on platforms like YouTube, TikTok, and Instagram presents complex copyright issues. Distinguishing between original and copyrighted material can be difficult. There are major implications for copyright law, especially the Fair Use Doctrine.
Solution: Platforms should implement more robust automated systems. For copyright holders, a proactive approach is a must to address user-generated content that violates a valid copyright. A takedown notice sent to a platform may be the best available option.
Challenge #4: Digital Rights Management and its Limitations
Digital Rights Management (DRM) tools are designed to prevent unauthorized use of digital media. However, these tools can be restrictive, often limiting legitimate uses of purchased media and frustrating consumers. Beyond that, DRM technologies can be prone to being bypassed or hacked. It is imperative that copyright holders have a strong digital rights management system in place.
Solution: Copyright holders can shift towards offering more user-friendly DRM options, such as watermarks and geofencing technologies that do not overtly restrict user access and enjoyment but still protect digital rights.
Challenge #5: Artificial Intelligence and Copyright Law
AI’s ability to create derivative works and mimic styles poses new challenges for copyright law, which traditionally relies on human authorship. Determining copyright ownership for AI-generated content is complex and raises questions about originality and creativity. Notably, there are several important AI-related copyright decisions expected from U.S. courts in 2025.
Solution: Copyright holders should seek to define and assert rights over AI-generated works derived from their original content. By setting clear licensing terms for the use of their properties in AI applications, they can best control how their original works of authorship are used.
We are Leaders in Brand Development and Protection
At ESQwire, we are committed to helping businesses, organizations, and individuals develop and protect their brands, including their copyrights. If you have any questions or concerns about copyright protection in the digital era, we are more than happy to help. Call us now or contact us online for a completely confidential case review. Our firm provides solutions-focused legal services.
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