Wednesday, May 6, 2020

Copyright Law - 844 Words

Copyright and Copywrong This essay will first examine how copyright law has attempted to be strengthened in New Zealand, and whether that has succeeded in preventing piracy. Next, how New Zealand’s current copyright law stifles creativity will be examined, with comparison to the United States jurisdiction. Lastly, the benefits of reform regarding ‘fair use’ will be discussed. Due to word constraints, examples of creativity will be limited to parody within Pop Art. Recent copyright reforms in New Zealand suggest a shift towards strengthening copyright protection, favoured by copyright holders. For example, a ‘three strikes’ regime acts against internet account holders who either upload or download copyrighted content. Prosecution has†¦show more content†¦However, as technologies that foster copying have developed, as have Art movements that rely on parody. The prime example is Pop Art which recontextualises existing works and items to comment on society. This plays a key role in the digital age by allowing creative expression through ‘original’ work. For example, pop artist Jeff Koons appropriated Silk Sandals, a magazine photograph of shoes, in his painting Niagara, depicting numerous consumer goods. When sued for copyright infringement, the Court accepted ‘fair use’ under its Copyright Act 1976, that Niagara was a criticism of consumerist desires and the bombardment of advertising. This was co nsidered a ‘transformative’ use of the original photograph to create new creative objectives and insights. Interestingly, this suggests that copyright is protecting the idea of the work, as well as expression. If the same case occurred in New Zealand, copyright would be infringed as Niagara reproduces Silk Sandals substantially. Arguably, fair dealing for criticism might apply. Yet, this is untenable as an incredibly high threshold of criticism would need to be shown. Thus, New Zealand’s copyright law regarding use is restricted for failure to align with technological changes. Society values remixed innovation in parodies such as Pop Art. The law must be able to recognise this. New Zealand may favour a fair dealing for parody exception as an expansion of our criticism exception. This is supported by aShow MoreRelatedCopyright Laws And Copyright Law1306 Words   |  6 Pages1422047 Existing Copyright Law Introduction Copyright law is a part of not only music but many other products for example the software that you are reading this document on has more than likely got copyright protection. But for the purpose of this Document the main topic of copyright is going to be based around music. 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