Does copyright needs to be changed in Digital era - Essay Example

This paper explores the controversy by presenting both points of view, examining the historical origins of intellectual property protection and modern development in the field. U.S. and British laws and alternative (non-legislative) methods of intellectual property protection are analysed. Possible future developments in this field are discussed from the positions of the current situation. Throughout the history of mankind information has been playing increasingly important role in various fields of human life and activity.

The uses of information and different methods of its collection and storage have long historical traditions. Institutional structures created specifically for that purpose - libraries and museums - are as old as modern civilization itself. Each of the past inventions associated with transmission and storage of information could be addressed as the major factor that affected the course of social development: invention of writing, the printing press, telephone, radio, and television have stimulated profound changes.

Similarly, development of new information technologies - computers and the Internet - deeply affects contemporary society in many ways. However, the same technologies have led to dramatic changes that turned protection of informational assets into a highly controversial issue. Traditionally, Intellectual Property Rights (IPR) represent an excep. Abundant literature covering various aspects of IPR management and protection is very indicative of this complexity. Recent technological developments have contributed to the challenges associated with protection of intellectual property.

The new technologies have substantial implications for literally each aspect of traditional IPR practices. It has become very difficult to keep any information protected these days. Copying materials from another medium, encapsulating content and software for emulation, or migrating content to new hardware and software, all involve activities that can potentially infringe IPR. Digital images and electronic texts can be easily altered, and people may easily transform or incorporate them as a part of some other documents, images, etc.

The challenges imposed by the developing technology are likely to increase rapidly in future. IPR holders are perfectly aware about the risks imposed by this trend, and try to protect their rights. Such inclination is absolutely natural granted the fact that similar situations have already occurred in the past when emergence of new circumstances resulted in amendments in the relevant intellectual property laws. For example, in 1992 the US Congress accepted the Audio Home Recording Act that allowed people making copies of copyrighted songs or music for personal use.

In 1998 amendments to the Act were made to cover digital technologies of copying, reproduction and distribution (Chebium, 2000).Similarly, the recently emerged Digital Rights Management (DRM) technologies are meant to increase the quality and scope of control that IPR holders can assert over their intellectual property