How copyright supports internet freedom

The latest edition of eJournal USA (a freely accessible eJournal of the U.S. government) features the theme 'Defining Internet Freedom'. It contains a variety of substantive legal, scientific articles on the intersection of freedom on the Internet and copyright. In one of the introductory articles 'Promoting Internet Freedom Through the Copyright System' Peter K. Yu (Drake University) describes how copyright can in fact strengthen freedom on the internet and what it takes for a copyright system to do so.

According to Yu, policymakers wishing to encourage both freedom and creativity should create a copyright system that both promotes and protects intellectual property and internet freedom. Such a system will have to find standards to balance intellectual property rights with freedom rights. These standards will vary between nations depending on their historical, political, social, cultural and religious situation.

Benefits of copyright

Yu stresses that copyright as it exists in many countries is indeed a freedom right; it gives creators sovereignty over their creations and contributes to an independent creative sector. Before copyright was introduced artists were dependent on state sponsorship or wealthy patrons. Artists were then often under pressure to meet their maecenas’ needs, tastes and ideas about artwork. Those who dared to insult their patrons by applying new techniques and ideas were taking considerable risks and sometimes risked their lives for the sake of art.

Yu finds that copyright gives artists a self-determination right to use their interest, taste and talent at their discretion to create new works of art and to determine under what business model they wish to generate income, without pressure from government or wealthy patrons. Copyright serves the same function on the internet, says Yu. It gives authors of creative works the freedom to create and to determine whether or not they want to earn money with individual works. Sometimes they will decide to release their it without asking for a fee and in other cases they might wish to be paid. for they efforts This self-determination right gives artist freedom to create independently both on canvas and on the internet.

Need a for a proper balance

Copyright protection can have positive and negative effects on internet freedom, Yu argues. To guard freedom on the internet, policymakers should pay special attention to the limitations and exceptions in their copyright system. For example, they can introduce the fair use doctrine, the parody defence, an exception for educational use, or limitations on adaptation rights. They can also confine criminal penalties to commercial-scale piracy, as opposed to ordinary infringement by Internet users. Combined together in a constructive way, internet freedom and intellectual property rights will help citizens realize the full potential of the Internet. This will also provide freedom for both internet creators and Internet users, according to Yu.