Class discussion led us to consider the tension that exist between created works (or intellectual property) posted on the internet and the protection of those works via laws, legal policies, and regulations. We discussed the muddled definition of property and ownership as it pertains to digital content. It is difficult to consider fair use when dealing with content that does not exist in a physical form. It is easier to patent and thus protect a machine part because it can be seen, touched, etc.; therefore, a patent violation can be observed and measured, whereas measuring fair use of digital content is much more difficult.
We used the musician Girl Talk as an example of what is, or is not, fair use of digital content on the internet. All content on the internet is protected according to the Digital Millennium Copyright Act. Furthermore, Section 107 defines fair use with four criteria: purpose and character of the use (ex.: edu., commercial, for-profit, etc.), the nature of the work (ex.: secretive, sensitive, etc.), the amount/portion of information used (ex.: chapter in a textbook vs. whole book), and the effect of the use of copyrighted work (ex.: does the downloading of music affect the artist(s)' own gains?). Girl Talk creates a strong argument that his work falls within the limits of fair use. Since it is very difficult to monitor, control, and regulate created works/intellectual property many people resort to "free" or "borrowed" downloads of online content. In order to reduce/eliminate this type of activity, the media/government could do the following three things:
1) Add more clear criteria of fair use to Section 107. Girl Talk obviously uses borrowed/non-original content in his works. More specific criteria (such as specific time limits on a piece of music that may be borrowed) may help with maintaining the creation and publication of more original works. This does walk a fine line though, as many works are created off the backs of existing works. What really is "original"? Does true originality exist?
2) Increased policies that aid in increased net neutrality. By emphasizing user control, big money companies will have fewer outlets to make money, thus fewer outlets for consumers to dodge purchases with illegal downloads.
3) As it pertains to music, many musicians/bands/groups make much of their money from tours (as sales of their music is subject to multiple fees and sharing of the proverbial pie). Many popular musicians have multiple music videos on their webpage and on YouTube and access to downloads on their website, third-party websites, and on iTunes, Amazon Play, etc. Therefore, advertisements often promote a song or an album rather than a tour. By promoting tours, musicians' primary means of sharing their creations could be live concerts rather than online songs and albums where music consumption is more about convenience than the experience. Reframing what it means to consume and enjoy music could begin to decrease the desire to buy based on convenience and the methods some take to avoid having to spend money.